Decree No. 10/2013/ND-CP on the management, use, and exploitation of road traffic infrastructure assets.

 DECREE

Regulations on management, use, and exploitation of assets

road transport infrastructure

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

At the proposal of the Minister of Finance,

The Government promulgates this Decree to regulate the management, use, and exploitation of assets of road transport infrastructure.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree regulates the management, use, and exploitation of assets of road transport infrastructure with the aim of strictly managing, effectively exploiting, and creating capital for maintenance and development of assets of road transport infrastructure.

2. For assets of road transport infrastructure where the management and use must be carried out according to international treaties that Vietnam has signed or joined and which provide different regulations from those stipulated in this Decree, such treaties shall apply.

Article 2. Applicability

1. State management agencies for assets of road transport infrastructure.

2. Agencies and units directly managing assets of road transport infrastructure.

3. Organizations and individuals entrusted with the maintenance, exploitation, and use of assets of road transport infrastructure.

4. Other entities related to the management, use, and exploitation of assets of road transport infrastructure.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Assets of road transport infrastructure (hereinafter referred to as road infrastructure assets) include: Road works, bus stations, parking lots, highway management houses, rest stops, and other facilities serving traffic and road safety zones.

2. Road works include: Roads, places for stopping and parking vehicles on roads, traffic lights, traffic signs, road markings, guardrails, barriers, traffic islands, median strips, kilometer posts, retaining walls, drainage systems, vehicle weight inspection stations, toll booths, and other auxiliary facilities and equipment for road works.

3. Roads include: Roads, road bridges, road tunnels, ferry terminals.

4. Land of roads is the land on which road works are constructed and the land along both sides of the roads reserved for managing, maintaining, and protecting road works.

5. Road safety zone is a strip of land along both sides of the road land, measured from the outer edge of the road land outward on both sides to ensure road traffic safety.

6. Management and use of road infrastructure assets are activities of agencies, organizations, units, and individuals aimed at protecting and maintaining the normal operation of road infrastructure assets.

7. State management agencies for road infrastructure assets are Ministries, ministerial-level agencies, and government agencies (hereinafter collectively referred to as Ministries, central agencies); People's Committees of provinces and centrally governed cities (hereinafter collectively referred to as provincial People's Committees).

8. Agencies and units directly managing road infrastructure assets are subjects entrusted by the State with the direct management of road infrastructure assets; including: Highway management zones; Departments of Transport; People's Committees of districts, counties, towns under provinces (hereinafter collectively referred to as district-level People's Committees); People's Committees of communes, wards, towns (hereinafter collectively referred to as commune-level People's Committees); agencies and units entrusted by Ministries, central agencies, and provincial People's Committees with the direct management of road infrastructure assets.

9. Organizations and individuals entrusted with the maintenance, exploitation, and use of road infrastructure assets are subjects implementing maintenance, exploitation, and use pursuant to Contracts signed with agencies and units directly managing road infrastructure assets as stipulated in Clause 8 of this Article.

10. Maintenance of road infrastructure assets is a set of activities including regular maintenance, periodic repair, and emergency repair aimed at maintaining the technical condition of road infrastructure assets in accordance with design specifications to ensure normal and safe operation; specifically:

a) Regular maintenance is an activity involving monitoring, care, and minor repairs of installed equipment in the works carried out regularly and periodically to maintain road infrastructure assets in a state suitable for normal exploitation and use and to limit the occurrence of damage.

b) Periodic repair is an activity carried out according to a plan to restore and improve the technical condition of road infrastructure assets when regular maintenance is insufficient.

c) Emergency repair is an activity that must be carried out unexpectedly when road infrastructure assets suffer sudden damage due to natural disasters, enemy actions, or other sudden impacts, or when there are signs indicating potential sudden damage requiring timely remediation to ensure normal operation.

11. Special-purpose road infrastructure assets are assets invested in and constructed by organizations, units, or individuals to serve specific road transport activities of one or several organizations, units, or individuals.

12. Road infrastructure assets during the implementation period of project contracts are assets currently being invested in construction or being exploited and used within the term specified in the contracts of forms such as Build-Operate-Transfer (BOT), Build-Transfer-Operate (BTO), Build-Transfer (BT), Public-Private Partnership (PPP), and other forms prescribed by law.

13. Organizations and individuals implementing projects applying the mechanism of land exploitation to create capital are economic organizations, investment funds, regardless of whether they are domestic or foreign, having legal personality and meeting the conditions for conducting investment activities as prescribed by law.

Article 4. Principles for managing, using, and exploiting road infrastructure assets

1. All road infrastructure assets assigned to agencies, organizations, units, and individuals for management, use, and exploitation.

2. Management, use, and exploitation of road infrastructure assets shall be carried out uniformly with clear authority and responsibility levels for each agency, organization, unit, and individual.

3. Modernize the work of managing road infrastructure assets and enhance the effectiveness and efficiency of management, use, and exploitation of road infrastructure assets.

4. Encourage and create conditions for all organizations, units, and individuals to participate in managing, using, and exploiting road infrastructure assets.

5. Ensure the rights and legitimate interests of agencies, organizations, units, and individuals when participating in managing, using, and exploiting road infrastructure assets; at the same time, diversify sources of capital to implement maintenance and development of road infrastructure assets.

6. Road infrastructure assets must be fully accounted for in terms of physical items and value according to the provisions of this Decree and relevant laws.

7. The management, use, and exploitation of road infrastructure assets shall be conducted openly and transparently; all acts violating the management, use, and exploitation system of road infrastructure assets must be promptly and strictly handled according to the law.

Article 5. Prohibited acts

1. Exploiting or abusing positions and powers to appropriate road infrastructure assets in any form.

2. Intentionally violating state regulations on the management, use, and exploitation of road infrastructure assets.

3. Using road infrastructure assets for illegal business activities.

4. Destroying or intentionally damaging road infrastructure assets.

5. Neglecting responsibilities in management leading to violations of laws on the management, use, and exploitation of road infrastructure assets.

6. Not performing or not fully performing obligations to the State in managing, using, and exploiting road infrastructure assets.

7. Other prohibited acts as stipulated by relevant laws.

Chapter II
STATE MANAGEMENT OF ROAD INFRASTRUCTURE ASSETS

Article 6. Contents of state management of road infrastructure assets

1. Issuing regulations on:

a) Technical standards of road infrastructure assets;

b) Economic-technical norms for maintaining road infrastructure assets;

c) Maintenance systems for road infrastructure assets;

d) Management, use, and exploitation systems for road infrastructure assets.

2. Directing and guiding the implementation of management, use, and exploitation of road infrastructure assets in accordance with this Decree and relevant laws.

3. Compiling lists and classifying road infrastructure assets according to technical standards of each road infrastructure asset to have appropriate management measures to enhance the efficiency of exploitation and use of existing road infrastructure assets.

4. Managing financial resources generated during the process of managing, using, and exploiting road infrastructure assets.

5. Inspecting, auditing, resolving complaints and denunciations, and handling violations of laws on the management, use, and exploitation of road infrastructure assets.

Article 7. Responsibilities of the Ministry of Transport

1. Taking the lead in drafting and promulgating normative legal documents on:

a) Technical standards of road infrastructure assets, except architectural works such as buildings and stations;

b) Economic-technical norms for maintaining road infrastructure assets;

c) Maintenance systems for road infrastructure assets;

d) Framework prices for regular maintenance of central-managed road infrastructure assets.

2. Directing, guiding, and organizing the implementation of state management tasks of centrally-managed road infrastructure assets.

3. Specifying, guiding, and organizing the implementation of compiling lists of road infrastructure assets according to technical standards of each road infrastructure asset.

4. Statistics, compiling lists, and classifying road infrastructure assets according to technical standards of each road infrastructure asset within the scope of management.

5. Deciding on leasing exploitation rights, liquidation of centrally-managed road infrastructure assets; deciding on the transfer of road infrastructure assets between agencies, organizations, and units within the scope of management.

6. Reporting on the situation of managing and using centrally-managed road infrastructure assets.

7. Summarizing the situation of managing and using road infrastructure assets nationwide.

8. Inspecting, auditing, resolving complaints and denunciations, and handling violations of laws on the management, use, and exploitation of road infrastructure assets according to the law.

Article 8. Responsibilities of the Ministry of Finance

1. Lead in drafting and promulgating by its authority or submitting to competent state agencies for issuance of legal normative documents on:

a) Management, use, and exploitation regimes for road infrastructure assets;

b) Fees for using road infrastructure assets.

2. Decide on establishing state ownership, lead in coordinating with the Ministry of Transport to decide on management, use, and exploitation schemes for central-managed road infrastructure assets invested under BOT, BTO, BT, PPP contracts, and other transfer forms as prescribed by law.

3. Decide on selling toll collection rights, transferring with a time limit central-managed road infrastructure assets; decide on transferring road infrastructure assets between ministries, central agencies, provinces, and centrally-administered cities.

Article 9. Responsibilities of the Provincial People's Committee

1. Promulgate by its authority legal normative documents on:

a) Elaborating legal provisions on management, use, and exploitation of locally-managed road infrastructure assets;

b) Framework prices for regular maintenance of locally-managed road infrastructure assets.

2. Draft and implement plans for managing, using, and exploiting locally-managed road infrastructure assets.

3. Organize the management and delegation of responsibility for managing land funds within the road safety corridors to district People's Committees and commune People's Committees.

4. Direct, guide, and organize the implementation of state management tasks for locally-managed road infrastructure assets.

5. Statistics, compile lists, classify road infrastructure assets according to technical standards of each road infrastructure asset within the province's jurisdiction.

6. Decide on establishing state ownership, decide on management, use, and exploitation schemes for locally-managed road infrastructure assets invested under BOT, BTO, BT, PPP contracts, and other transfer forms as prescribed by law.

7. Decide on transferring, liquidation, selling toll collection rights, leasing exploitation rights, transferring with a time limit locally-managed road infrastructure assets according to the classification of the provincial People's Council.

8. Direct, inspect the implementation of maintenance, ensure technical standards, and compliance with management, use, and exploitation regimes for locally-managed road infrastructure assets.

9. Decide on measures within its authority to mobilize capital for maintenance and development of locally-managed road infrastructure assets.

10. Create a land fund for supporting road transport services as stipulated in Article 26 of this Decree.

11. Summarize the situation of management and use of locally-managed road infrastructure assets.

12. Direct, inspect the establishment and storage of files; report on the situation of management and use; account for locally-managed road infrastructure assets.

13. Be responsible before the law for the management, use, and exploitation of road infrastructure assets within the province's jurisdiction.

14. Inspect, audit, resolve complaints and denunciations, and handle violations of law regarding management, use, and exploitation of locally-managed road infrastructure assets.

Article 10. Responsibilities of the People's Committee at the district level

1. To build and organize the implementation of plans for managing, using, and exploiting road infrastructure assets within their jurisdiction.

2. To perform state management tasks regarding road infrastructure assets within their jurisdiction.

3. To compile statistics, establish lists, and classify road infrastructure assets according to technical standards of each road infrastructure asset within their jurisdiction.

4. To decide on the transfer, liquidation, sale of toll collection rights, leasing of exploitation rights, and time-limited transfer of road infrastructure assets under local management according to the分级授权的规定 of the Provincial People's Council.

5. To organize the signing of Contracts, acceptance, and payment of expenses for organizations and individuals assigned to maintain, exploit, and use road infrastructure assets in accordance with regulations.

6. To direct and inspect the implementation of maintenance, ensure standards and technical requirements, and compliance with management, usage, and exploitation regimes for road infrastructure assets within their jurisdiction.

7. To be responsible for managing land funds within the safe zone of roads in accordance with laws on land and分级授权的规定 of the Provincial People's Committee.

8. To establish, store files; report on management and usage situations; account for road infrastructure assets within their jurisdiction.

9. To be legally responsible for the management, usage, and exploitation of road infrastructure assets within their jurisdiction.

10. To inspect, audit, resolve complaints and denunciations, and handle violations of laws on management, usage, and exploitation of road infrastructure assets within their jurisdiction.

Article 11. Responsibilities of the People's Committee at the commune level

1. To build and organize the implementation of plans for managing, using, and exploiting road infrastructure assets within their jurisdiction.

2. To perform state management tasks regarding road infrastructure assets within their jurisdiction.

3. To compile statistics, establish lists, and classify road infrastructure assets according to technical standards of each road infrastructure asset within their jurisdiction.

4. To decide on the transfer, liquidation, sale of toll collection rights, leasing of exploitation rights, and time-limited transfer of road infrastructure assets under local management according to the分级授权的规定 of the Provincial People's Council.

5. To decide on measures within their authority to mobilize human resources and materials to implement maintenance and manage the use and exploitation of road infrastructure assets within their jurisdiction.

6. To organize the signing of Contracts, acceptance, and payment of expenses for organizations and individuals assigned to maintain, exploit, and use road infrastructure assets in accordance with regulations.

7. To be responsible for managing land funds within the safe zone of roads in accordance with laws on land and分级授权的规定 of the Provincial People's Committee.

8. To establish, store files; report on management and usage situations; account for road infrastructure assets within their jurisdiction.

9. To be legally responsible for the management, usage, and exploitation of road infrastructure assets within their jurisdiction.

10. To inspect, audit, and handle violations of laws on management, usage, and exploitation of road infrastructure assets within their jurisdiction.

Article 12. Responsibilities of agencies and units directly managing road infrastructure assets

1. Agencies and units directly managing road infrastructure assets under the Ministry of Transport, provincial and centrally-administered city Departments of Transport shall have the responsibility to implement the following provisions:

a) To organize the management, use, and exploitation of road infrastructure assets within their jurisdiction;

b) To organize the signing of Contracts, acceptance, and payment of expenses for organizations and individuals assigned to maintain, exploit, and use road infrastructure assets in accordance with regulations;

c) To handle violations of laws on management, use, and exploitation of road infrastructure assets within their jurisdiction according to their authority or refer to competent authorities for handling;

d) To establish, store files; report on management and usage situations; account for road infrastructure assets within their jurisdiction;

đ) To be legally responsible for the management, use, and exploitation of road infrastructure assets within their jurisdiction;

e) To inspect, audit, and handle violations of laws on management, use, and exploitation of road infrastructure assets within their jurisdiction.

2. Agencies and units directly managing road infrastructure assets are the People's Committees at the district and commune levels, which shall fulfill responsibilities as stipulated in Articles 10 and 11 of this Decree.

Article 13. Responsibilities of organizations and individuals entrusted with the maintenance, operation, and use of road infrastructure assets

1. Maintain, operate, and use road infrastructure assets in accordance with the provisions of the law and the Contract signed with the direct management agency or unit of the road infrastructure assets.

2. Detect, prevent, and promptly address any violations against road infrastructure assets.

3. Be responsible for the quality of road infrastructure assets that have deteriorated due to non-compliance with the prescribed maintenance requirements.

4. Proactively implement measures to ensure technical standards and safety of road infrastructure assets as stipulated by the law.

5. Enjoy state incentives regarding capital, tax, land use fees, land rental fees, and other incentives as provided for by law.

Chapter III
MANAGEMENT AND USE OF ROAD INFRASTRUCTURE ASSETS

Section 1
RECORDS OF ROAD INFRASTRUCTURE ASSETS

Article 14. Records of Road Infrastructure Assets

1. The records of road infrastructure assets include:

a) Documents related to the formation and changes in road infrastructure assets as prescribed by the Ministry of Transport;

b) Declaration reports; reports on the management and use of road infrastructure assets as stipulated in Articles 32 and 33 of this Decree;

c) Database on road infrastructure assets.

2. The direct management agency or unit of road infrastructure assets shall be responsible for establishing records of road infrastructure assets within its management scope as prescribed in Clause 1 of this Article.

Article 15. Management and Storage of Records of Road Infrastructure Assets

1. The direct management agency or unit of road infrastructure assets shall be responsible for managing and storing complete records of road infrastructure assets within its management scope as prescribed in this Decree.

2. The People's Committee of the province shall manage and store the following records of road infrastructure assets:

a) Comprehensive reports on the management and use of road infrastructure assets under provincial management;

b) Database on road infrastructure assets under provincial management.

3. The Ministry of Transport shall manage and store the following records of road infrastructure assets:

a) Comprehensive reports on the management and use of road infrastructure assets within its management scope;

b) Comprehensive situation of management and use of road infrastructure assets nationwide;

c) Management and operation of the national database on road infrastructure assets nationwide.

4. The Ministry of Finance shall manage and operate the national database on state assets (including road infrastructure assets) nationwide.

Section 2
ACCOUNTING FOR ROAD INFRASTRUCTURE ASSETS

Article 16. Criteria for Identifying Road Infrastructure Assets for Accounting Purposes

1. Road infrastructure assets meeting the criteria for accounting purposes are those assets with independent structures or systems comprising multiple individual asset parts interconnected to perform one or several specific functions, satisfying both of the following criteria simultaneously:

a) Having a service life of one year or more;

b) Having a book value of VND 10,000,000 (Ten million dong) or more.

2. Road infrastructure assets for accounting purposes include:

a) Roads and associated facilities attached to roads (including bridges less than 25 meters long and culverts);

b) Bridges 25 meters or longer and associated facilities attached to bridges;

c) Road tunnels and associated facilities attached to road tunnels;

d) Ferry terminals and associated facilities attached to ferry terminals;

đ) Vehicle weight inspection stations;

e) Toll collection stations;

g) Bus stations;

h) Parking lots;

i) Road management station buildings;

k) Rest stops;

l) Other facilities serving road traffic.

Article 17. Subjects Recorded in Accounting Ledgers for Road Infrastructure Assets

1. Each road infrastructure asset as defined in Article 16 of this Decree shall be a subject recorded in accounting ledgers.

2. In cases where a road infrastructure asset is directly managed by multiple agencies or units, the subject recorded in the accounting ledger of each agency or unit shall be the portion of the asset within the scope of management assigned to them.

Article 18. Agencies and Units Implementing Accounting for Road Infrastructure Assets

1. The Road Management Zone or the agency or unit directly managing road infrastructure assets under the assignment of the Ministry or central agency shall implement accounting for centrally-managed road infrastructure assets.

2. The Department of Transport shall implement accounting for road infrastructure assets within the provincial management scope.

3. The People's Committee of the district shall implement accounting for road infrastructure assets within the district management scope.

4. The People's Committee of the commune shall implement accounting for road infrastructure assets within the commune management scope.

Article 19. Accounting for Road Infrastructure Assets

1. The agencies and units specified in Article 18 of this Decree shall have the responsibility to:

a) Open ledgers and implement accounting for road infrastructure assets within their management scope in accordance with the laws on statistics and accounting and the provisions of this Decree;

b) Report annually on the increase and decrease in road infrastructure assets.

2. The accounting for road infrastructure assets as prescribed in this Decree shall be implemented from January 1, 2014.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to guide the accounting, depreciation calculation, and reporting for each type of road infrastructure asset.

Article 20. Determination of Original Value of Road Infrastructure Assets for Recording in Accounting Ledgers

1. The original value of road infrastructure assets shall be determined according to the following principles:

a) For road infrastructure assets that complete final settlement from the date this Decree takes effect, the original value of the road infrastructure asset for recording in accounting ledgers shall be the project completion value approved by the competent state authority;

b) For road infrastructure assets that completed final settlement before the date this Decree takes effect, the original value for recording in accounting ledgers shall be the value determined according to the price list of similar technical standard road infrastructure assets;

c) In cases where the road infrastructure asset is not included in the price list, the temporary price agreed upon by the agency or unit directly managing the road infrastructure asset and the financial authority at the same level shall be used for recording in the ledger.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport and the Ministry of Construction to issue the price list for road infrastructure assets.

3. The Minister of Transport and the Chairman of the Provincial People's Committee shall be responsible for directing and organizing the implementation of determining the original value, opening ledgers, and accounting for road infrastructure assets as stipulated in this Decree and relevant laws.

Article 21. Accounting for Increases and Decreases in the Original Value of Road Infrastructure Assets

1. When there is a change in the original value of road infrastructure assets as specified in Clause 2 of this Article, the agencies or units specified in Article 18 of this Decree must implement accounting for increases and decreases in the original value of road infrastructure assets.

2. Cases of increases and decreases in the original value of road infrastructure assets:

a) Revaluation of the original value based on the decision of the competent state authority;

b) Upgraded or expanded according to a project approved by the competent authority;

c) Damaged severely due to natural disasters, enemy actions, force majeure, or other sudden impacts, which must be accounted for as a reduction in the original value in accordance with the law.

Section 3
MAINTENANCE OF ROAD INFRASTRUCTURE ASSETS

Article 22. Assignment to organizations and individuals for maintenance of road infrastructure assets

1. All organizations and individuals with demand and capacity shall be considered by the State for assignment to carry out the maintenance of road infrastructure assets.

2. Annually, the agencies and units directly managing road infrastructure assets shall have the responsibility to establish and publicly announce the List and plan for the maintenance of road infrastructure assets under their management scope.

3. The List and plan for the maintenance of road infrastructure assets as stipulated in Clause 2 of this Article shall include the following main contents:

a) Type of road infrastructure asset;

b) Requirements of the agency or unit directly managing the road infrastructure asset;

c) Quantity of work to be carried out; unit price for each quantity of work; total budget; source of budget; acceptance method and payment;

d) Preferential mechanism (if applicable) applied to organizations and individuals assigned to maintain road infrastructure assets;

d) Other related contents.

4. The selection of organizations and individuals to maintain road infrastructure assets shall be carried out in accordance with the provisions of the law; except for the case of assigning the maintenance of road infrastructure assets to construction contractors as provided for in Article 23 of this Decree.

5. The maintenance of road infrastructure assets shall be implemented through economic contracts according to the methods prescribed in Articles 24 and 25 of this Decree.

Article 23. Assignment of maintenance of road infrastructure assets to construction contractors

1. Construction contractors of new investment projects for road infrastructure assets shall be assigned to carry out the maintenance of road infrastructure assets by the construction contractor; except in cases where the construction contractor refuses to perform the maintenance.

2. The assignment of maintenance of road infrastructure assets to construction contractors shall apply to regular maintenance activities of road infrastructure assets; specifically as follows:

a) Based on the regular maintenance unit price of road infrastructure assets determined in accordance with Clause 3 of Article 24 of this Decree, the person deciding on the new investment project for road infrastructure assets shall be responsible for:

- Determining the total amount of funds serving regular maintenance of road infrastructure assets within a certain period of time;

- Deciding to assign the construction contractor to carry out regular maintenance of road infrastructure assets according to the method prescribed in Article 24 of this Decree.

b) Regular maintenance funds for road infrastructure assets shall be guaranteed by the state budget in accordance with the laws on state budget and shall be paid according to progress and quality results during the regular maintenance period.

c) Based on the decision to assign the responsibility for regular maintenance of road infrastructure assets by the person deciding on the new investment project, the investor shall be responsible for:

- Signing a regular maintenance contract for road infrastructure assets with the construction contractor in accordance with the law;

- Organizing the inspection and supervision of the implementation of the contract;

- Accepting and paying regular maintenance funds for road infrastructure assets to the construction contractor according to the signed contract.

3. During the implementation of the regular maintenance contract, if there are sudden repair activities or periodic repairs; based on the quality of regular maintenance that the construction contractor has performed; the competent state authority shall prioritize assigning the construction contractor to carry out periodic repairs and sudden repairs according to the method prescribed in Article 25 of this Decree. Specific authority to decide as follows:

a) The Ministry of Transport decides to assign the construction contractor to carry out periodic repairs and sudden repairs for road infrastructure assets under central management;

b) The People's Committee of the province decides to assign the construction contractor to carry out periodic repairs and sudden repairs for road infrastructure assets under local management.

4. Rights and obligations of construction contractors when implementing maintenance of road infrastructure assets:

a) To be protected by the State in exercising rights and legitimate interests when carrying out maintenance; to take proactive measures in maintenance activities to ensure quality standards according to the signed contract; to be paid maintenance fees according to the signed contract; to lodge complaints and initiate lawsuits according to the law if rights and interests are violated;

b) To implement maintenance in compliance with the provisions of the signed contract; to bear legal responsibility when violating the provisions of the signed contract.

5. The Ministry of Finance shall guide administrative procedures for assigning maintenance of road infrastructure assets to construction contractors.

Article 24. Maintenance of Road Infrastructure Assets Based on Quality Performance

1. Maintenance of road infrastructure assets based on quality performance is the act where the State entrusts organizations or individuals to carry out maintenance activities according to predetermined quality standards within a specified period for a fixed amount of money as stipulated in the economic contract.

2. Quality-based maintenance applies to the regular maintenance activities of road infrastructure assets.

3. The agencies or units directly managing road infrastructure assets are responsible for specifically determining the unit price for regular maintenance for each road infrastructure asset under their management scope; and submitting it for approval by the competent state authority.

4. The unit price for regular maintenance of road infrastructure assets is determined by one of the following methods:

a) Determining according to the economic-technical norms of regular maintenance activities;

b) Determining based on the average price level of regular maintenance activities over the three preceding years plus inflation factors (if applicable);

c) Combining the two methods prescribed in Points a and b of this Clause.

5. Authority to decide on the unit price for regular maintenance of road infrastructure assets:

a) The Ministry of Transport decides or delegates the decision on the unit price for regular maintenance for central-managed road infrastructure assets;

b) The People's Committee of the province decides or delegates the decision on the unit price for regular maintenance for locally-managed road infrastructure assets.

6. On the basis of the decision approving the unit price for regular maintenance by the competent state authority as stipulated in Clause 5 of this Article, the agencies or units directly managing road infrastructure assets are responsible for:

a) Selecting organizations or individuals to sign contracts to implement regular maintenance of road infrastructure assets within their management scope in accordance with the law;

b) Organizing inspections and supervision of contract implementation;

c) Acceptance and payment of regular maintenance funds for road infrastructure assets according to signed contracts.

7. Rights and obligations of organizations or individuals implementing maintenance of road infrastructure assets based on quality performance:

a) Being protected by the State in exercising rights and legitimate interests when performing maintenance; being able to proactively implement measures in maintenance activities to ensure quality standards as stipulated in the contract; receiving periodic fixed payments according to the contract; having the right to lodge complaints or initiate lawsuits in accordance with the law if rights and interests are violated;

b) Performing maintenance in compliance with requirements stipulated in the signed contract; bearing legal responsibility for violations of the signed contract.

8. The Ministry of Transport shall prescribe criteria for monitoring and accepting the results of regular maintenance of road infrastructure assets based on quality performance; guiding the determination of unit prices for regular maintenance to be consistent with technical standards of different types of road infrastructure assets.

Article 25. Maintenance of Road Infrastructure Assets Based on Actual Volume of Work

1. Maintenance of road infrastructure assets based on actual volume of work is the act where the State entrusts organizations or individuals to perform maintenance of road infrastructure assets and pays them according to the actual volume of work completed.

2. Volume-based maintenance applies to periodic repair and emergency repair activities.

3. Based on technical standards, maintenance norms, unit prices, and the volume of work required to be performed, the agencies or units directly managing road infrastructure assets prepare files and budgets for periodic repair or emergency repair of road infrastructure assets within their management scope; and report to the competent state authority for approval in accordance with regulations.

4. Based on the decision approving the budget by the competent state authority, the agencies or units directly managing road infrastructure assets select organizations or individuals to sign contracts to implement periodic repair or emergency repair of road infrastructure assets in accordance with the law.

5. The head of the agency or unit directly managing road infrastructure assets has the authority and bears responsibility for the budget and method of implementing emergency repairs in cases requiring immediate rectification.

6. The use, payment, and settlement of funds for periodic or emergency repair of road infrastructure assets based on actual volume of work are carried out in accordance with the law.

7. Rights and obligations of organizations or individuals implementing maintenance of road infrastructure assets based on actual volume of work:

a) Being protected by the State in exercising rights and legitimate interests when performing maintenance of road infrastructure assets; having the right to lodge complaints or initiate lawsuits in accordance with the law if rights and interests are violated;

b) Performing maintenance of road infrastructure assets according to the signed contract; being paid for maintenance costs based on actual work performed; bearing legal responsibility for violations of the signed contract.

8. The Ministry of Transport shall specify the list of emergency repairs that must be immediately rectified as stipulated in Clause 5 of this Article.

Section 4
MANAGEMENT AND USE OF LAND ATTACHED TO ROAD INFRASTRUCTURE ASSETS ROAD INFRASTRUCTURE ASSETS

Article 26. Land Fund Belonging to Road Infrastructure Assets

1. The land fund belonging to road infrastructure assets includes:

a) Land attached to road infrastructure assets, specifically:

- Land belonging to roads and land belonging to bus stations, parking lots, road management houses, rest stops, vehicle weight inspection stations, toll stations;

- Land belonging to road safety zones.

b) Supporting transportation service land including: Land for maintenance and repair stations, spare parts sales stations; fuel supply stations and other supporting transportation services related to road transport.

2. Forms of land use for the land fund belonging to road infrastructure assets:

a) The State shall allocate land without collecting land use fees for the land fund belonging to road infrastructure assets as specified in Clause 1 of this Article when such allocation is not for business purposes;

b) The State shall allocate land with collection of land use fees or lease land for the land fund belonging to road infrastructure assets as specified in Clause 1 of this Article when such allocation is for business purposes; except in special cases decided by the Prime Minister.

3. The Ministry of Transport shall issue regulations on standards and norms for the land fund for supporting transportation services mentioned in Point b Clause 1 of this Article for national highways ensuring compliance with technical standards prescribed by competent state agencies.

Provincial People's Committees shall issue regulations on standards and norms for the land fund for supporting transportation services mentioned in Point b Clause 1 of this Article for provincial roads and urban roads ensuring compliance with technical standards prescribed by competent state agencies.

4. The provisions on standards and norms for the land fund for supporting transportation services mentioned in Point b Clause 1 of this Article are detailed as follows:

a) For newly constructed national highways, it must ensure the principle that for every 70 kilometers of national highway, at least one service area with an area of no less than 1,000 square meters should be arranged;²Specifically, for existing national highways, based on actual conditions, the Ministry of Transport shall take the lead and coordinate with the Provincial People's Committee to decide on the standards, norms, and spacing for arranging the land fund for supporting transportation services;

b) For provincial roads and urban roads, based on actual conditions, the Provincial People's Committee shall decide on the standards, norms, and spacing for arranging the land fund for supporting transportation services but must ensure the principle that for every 50 kilometers of provincial roads and urban roads, at least one service area should be arranged.

5. Based on the standards and norms for the land fund for supporting transportation services prescribed in Clause 4 of this Article, the Provincial People's Committee shall have the responsibility:

a) To coordinate with the Ministry of Transport to determine the specific location and area of each service area for supporting transportation services for national highways;

b) To determine the specific location and area of each service area for supporting transportation services for provincial roads and urban roads.

Article 27. Allocation or Leasing of Supporting Transportation Service Land to Organizations and Individuals

1. Organizations and individuals implementing maintenance of road infrastructure assets as stipulated in Articles 23, 24, and 25 of this Decree shall be prioritized by the State to be allocated or leased supporting transportation service land within the scope of the road they are responsible for maintaining to carry out business services.

2. Based on the supporting transportation service land fund determined according to the provisions of Article 26 of this Decree, the competent People's Committee at the appropriate level in accordance with the law on land shall have the responsibility:

a) To implement land recovery, compensation, support, and resettlement in accordance with the law for the supporting transportation service land fund;

b) To allocate or lease supporting transportation service land to organizations and individuals upon the proposal of the Ministry of Transport (for national highways), upon the proposal of the Department of Transport (for provincial roads and urban roads) in accordance with the law on land.

3. Compensation, support, and resettlement expenses for the supporting transportation service land fund according to the approved plan by the competent state agency shall be included in the project investment capital (for new construction, upgrading, and expansion projects of roads), guaranteed by the state budget (for already constructed roads).

Section 5
HANDLING OF ROAD INFRASTRUCTURE ASSETS

Article 28. Establishment of State Ownership over Road Infrastructure Assets

1. The Ministry of Finance shall decide on the establishment of state ownership and determine management, utilization, and exploitation plans for road infrastructure assets under central management that have been invested in through BTO, BOT, BT, and PPP project contracts when such contracts expire and are transferred to the Vietnamese State, in accordance with other transfer methods prescribed by law.

2. The People's Committee of the province shall decide on the establishment of state ownership and determine management, utilization, and exploitation plans for road infrastructure assets under local management that have been invested in through BTO, BOT, BT, and PPP project contracts when such contracts expire and are transferred to the Vietnamese State, in accordance with other transfer methods prescribed by law.

3. The Ministry of Finance shall stipulate the documentation, procedures, and formalities for establishing state ownership and determining management, utilization, and exploitation plans for road infrastructure assets after state ownership has been established.

Article 29. Transfer of Road Infrastructure Assets

1. Road infrastructure assets may be transferred when there is a change in the level of management, classification, adjustment, or other special cases as prescribed by law.

2. Authority to decide on the transfer of road infrastructure assets:

a) The Minister of Finance shall decide on the transfer of road infrastructure assets between ministries, central agencies, other central agencies, provinces, and centrally-administered cities upon the proposal of relevant agencies. Specifically, for the transfer of roads from central to local levels and vice versa, the Minister of Finance shall decide on the transfer based on the decision to adjust the road system made by the Minister of Transport and the opinions of related localities;

b) The Minister of Transport shall decide or delegate authority to decide on the transfer of road infrastructure assets between agencies, organizations, and units within their jurisdiction;

c) The Provincial People's Council shall delegate authority to decide on the transfer of road infrastructure assets between agencies, organizations, and units within their jurisdiction.

3. The transfer of road infrastructure assets can only be carried out between state agencies, people's armed forces units, public service organizations, political organizations, and social-political organizations, except in special cases decided by the Prime Minister.

4. The Ministry of Finance shall stipulate the documentation, procedures, and formalities for transferring road infrastructure assets.

Article 30. Liquidation of Road Infrastructure Assets

1. Road infrastructure assets shall be liquidated in the following cases:

a) Road infrastructure assets are damaged beyond repair or repairs are not cost-effective;

b) Demolition of old road infrastructure assets to construct new ones;

c) A competent state agency adjusts the transportation planning, making part or all of the road infrastructure assets unusable for their original purpose.

2. Authority to decide on the liquidation of road infrastructure assets is as follows:

a) The Minister of Transport shall decide or delegate authority to decide on the liquidation of road infrastructure assets under central management;

b) The Provincial People's Council shall delegate authority to decide on the liquidation of road infrastructure assets under local management.

3. Road infrastructure assets shall be liquidated through the following methods:

a) Selling road infrastructure assets;

b) Demolishing and scrapping road infrastructure assets.

4. The liquidation of road infrastructure assets shall be conducted through auctioning, except in special cases decided by the Prime Minister.

5. The proceeds from the liquidation of road infrastructure assets, after deducting related liquidation costs, shall be managed and utilized in accordance with the law.

6. The Ministry of Finance shall stipulate the documentation, procedures, and formalities for the liquidation of road infrastructure assets.

PART 6
REPORTING, INSPECTION, AND AUDIT OF ROAD INFRASTRUCTURE ASSETS

Article 31. Reporting on Road Infrastructure Assets

1. All road infrastructure assets must be reported to the state management agency for road infrastructure assets for unified and centralized management.

2. Agencies and units directly managing road infrastructure assets that fail to report or report out of time shall be subject to handling according to regulations.

3. The Ministry of Finance and the Ministry of Transport shall have the responsibility to:

a) Establish reporting procedures for road infrastructure assets;

b) Build and manage the national database on road infrastructure assets.

Article 32. Declaration Report on Road Infrastructure Assets

1. Agencies and units directly managing road infrastructure assets shall implement declaration reports in the following cases:

a) Road infrastructure assets handed over for management at the time this Decree takes effect;

b) There is a change in road infrastructure assets;

c) Agencies and units directly managing road infrastructure assets change their name, split, or merge according to the decision of the competent state authority.

2. Time limit for declaration reports on road infrastructure assets;

a) Before December 31, 2013, for cases stipulated in Point a Clause 1 of this Article;

b) Not exceeding 30 days from the date of changes stipulated in Points b and c Clause 1 of this Article.

Article 33. Report on Management and Utilization of Road Infrastructure Assets

1. Each year, agencies and units directly managing road infrastructure assets shall submit a report on the management and utilization of road infrastructure assets of the previous year and ad hoc reports upon request of the competent state authority.

2. The time limit for submitting annual reports on the management and utilization of road infrastructure assets is as follows:

a) Agencies and units directly managing road infrastructure assets shall prepare and send the report to the Ministry, central agency, and provincial People's Committee before February 28;

b) Provincial People's Committees shall prepare and send the report on the management and utilization of road infrastructure assets within their jurisdiction to the Ministry of Transport before March 31;

c) The Ministry of Transport shall compile the situation of management and utilization of road infrastructure assets nationwide before April 30.

Article 34. Inspection, Audit, and Review of Compliance with Management, Utilization, and Exploitation Procedures for Road Infrastructure Assets

1. State authorities with competence shall decide to inspect and review compliance with management, utilization, and exploitation procedures for road infrastructure assets.

2. The State Audit Organization shall conduct audits on the management, utilization, and exploitation of road infrastructure assets in accordance with laws on state audit.

3. Inspection, audit, and review organizations have the right to require agencies, units, and organizations under inspection, audit, and review to present relevant files and documents related to the management, utilization, and exploitation of road infrastructure assets. If violations are discovered, the inspection, audit, and review organization has the right to handle them or propose to the competent state authority to handle them in accordance with the law.

Section 7
MANAGEMENT, UTILIZATION, AND EXPLOITATION OF SPECIALIZED ROAD INFRASTRUCTURE ASSETS HẠ TẦNG ĐƯỜNG BỘ CHUYÊN DÙNG

Article 35. Management, Utilization, and Exploitation of Specialized Road Infrastructure Assets

1. For specialized road infrastructure assets such as forestry roads, mining roads, other specialized roads, and other specialized road infrastructure assets, technical standards shall be applied according to national standards for roads or specific standards of the respective industry.

2. Classification and adjustment of specialized roads connecting to national highways, provincial roads, urban roads, district roads, and commune roads must be approved by the competent state management authority.

Article 36. Responsibilities of agencies, organizations, units, and individuals managing, using, and exploiting specialized road infrastructure assets

1. Manage, use, and exploit specialized road infrastructure assets in accordance with national standards and industry-specific standards.

2. Implement maintenance, exploitation, and protection of specialized road infrastructure assets in accordance with regulations and bear responsibility for financial resources serving maintenance and protection.

3. Conduct classification and adjustment of specialized roads under their management scope.

4. Establish and store records; report on management and usage situations; account for specialized road infrastructure assets under their management scope as stipulated in Article 37 of this Decree.

Article 37. Records, Reports, and Accounting of Specialized Road Infrastructure Assets

The establishment of records; management and storage of records; reporting; declaration reports; reporting on management and usage situations; accounting for specialized road infrastructure assets shall be carried out in accordance with Articles 14, 15, 16, 17, 18, 19, 20, 21, 31, 32, and 33 of this Decree.

Section 8
MANAGEMENT, USE, AND EXPLOITATION OF ROAD INFRASTRUCTURE ASSETS DURING THE CONTRACT PROJECT IMPLEMENTATION PERIOD

Article 38. Management, Use, and Exploitation of Road Infrastructure Assets During the Contract Project Implementation Period

1. For road infrastructure assets during the contract project implementation period, management, use, and exploitation shall be conducted according to the contents specified in the signed contract.

2. State authorities with jurisdiction shall conduct inspections and oversight of the implementation of the contents specified in the signed contract.

Article 39. Responsibilities of Agencies, Organizations, Units, and Individuals Assigned to Implement Contract Projects

1. Manage, use, and exploit road infrastructure assets in accordance with the provisions of the signed contract.

2. Implement maintenance of road infrastructure assets in accordance with regulations and bear responsibility for financial resources serving maintenance.

3. Report and declare road infrastructure assets during the BOT and BTO contract project implementation period within their management scope as stipulated in Article 40 of this Decree.

Article 40. Reporting on Road Infrastructure Assets During the BOT and BTO Contract Project Implementation Period

Reporting and declaring road infrastructure assets during the BOT and BTO contract project implementation period shall be carried out in accordance with Article 32 of this Decree.

Chapter IV
EXPLOITATION OF ROAD INFRASTRUCTURE ASSETS AND EXPLOITATION OF LAND FUNDS TO GENERATE CAPITAL FOR ROAD DEVELOPMENT

Section 1
EXPLOITATION OF ROAD INFRASTRUCTURE ASSETS

Article 41. Sale of Toll Collection Rights for Road Infrastructure Assets

1. Selling toll collection rights for road infrastructure assets involves the State transferring the right to collect tolls for the use of road infrastructure assets to organizations or individuals for a specific period as stipulated in a contract in exchange for a corresponding amount of money.

2. The sale of toll collection rights for road infrastructure assets applies to roads that have already been constructed.

3. Based on actual traffic volume, the impact of toll collection on economic and social development, and the ability to collect tolls from each road infrastructure asset, the Ministry of Transport and provincial People's Committees shall annually conduct statistics, reviews, and develop plans for selling toll collection rights for road infrastructure assets under their management.

4. The sale of toll collection rights for road infrastructure assets shall be conducted through public auction, except in special cases decided by the Prime Minister.

5. Authority to decide on the sale of toll collection rights for road infrastructure assets:

a) The Ministry of Finance decides on the sale of toll collection rights for central-managed road infrastructure assets based on the proposal of the Ministry of Transport;

b) Provincial People's Councils delegate authority to decide on the sale of toll collection rights for locally-managed road infrastructure assets.

6. The term for selling toll collection rights for road infrastructure assets shall be determined for each contract but shall not exceed ten years at most.

7. The proceeds from the sale of toll collection rights for road infrastructure assets, after deducting related expenses, shall be used for investment in development and maintenance of road infrastructure assets in accordance with state budget laws.

8. Rights and obligations of organizations and individuals who have purchased toll collection rights for road infrastructure assets:

a) Collect tolls according to the decision of the competent state authority; take proactive measures to ensure compliance with technical standards of road infrastructure assets when sold in accordance with the signed contract in line with the law; lodge complaints or initiate lawsuits if their rights and interests are infringed upon;

b) Performing maintenance in compliance with requirements stipulated in the signed contract; bearing legal responsibility for violations of the signed contract.

9. The Ministry of Finance shall provide guidance on administrative procedures for selling toll collection rights for road infrastructure assets.

Article 42. Leasing the Right to Exploit Road Infrastructure Assets

1. Leasing the right to exploit road infrastructure assets is the act of the State transferring the right to exploit road infrastructure assets to organizations or individuals for implementation within a specified period according to a Contract in exchange for a corresponding amount of money.

2. The leasing of the right to exploit road infrastructure assets shall be applied to road infrastructure assets that have been constructed, including:

a) Bus stations, parking lots, highway management houses, rest stops;

b) Technical infrastructure works such as power lines, cables (electricity, lighting, telecommunications), pipelines (water supply, drainage, fuel supply), and other installations attached to the road and road safety zones as prescribed by law.

3. Based on the exploitation capacity of each road infrastructure asset, the Ministry of Transport and the People's Committee of the province shall direct the annual statistical review and preparation of plans for leasing the right to exploit road infrastructure assets under their management.

4. The leasing of the right to exploit road infrastructure assets shall be carried out through public bidding procedures, except in cases where leasing is conducted through designated procedures as guided by the Ministry of Finance.

5. Authority to decide on leasing the right to exploit road infrastructure assets:

a) The Ministry of Transport decides or delegates authority to decide on leasing the right to exploit road infrastructure assets under central management;

b) The Provincial People's Council delegates authority to decide on leasing the right to exploit road infrastructure assets under local management.

6. The lease term for road infrastructure assets shall be specifically determined in each Lease Contract by the competent state agency as stipulated in Clause 5 of this Article.

7. The revenue from leasing road infrastructure assets, after deducting related expenses, shall be used for investment development and maintenance of road infrastructure assets in accordance with the State budget law.

8. Rights and obligations of organizations and individuals who have leased the right to exploit road infrastructure assets:

a) To implement the exploitation of road infrastructure assets in accordance with the signed Contract in compliance with the provisions of the law; to lodge complaints or initiate lawsuits in accordance with the law if their rights and interests are violated;

b) To ensure maintenance in accordance with the requirements stipulated in the signed Contract (except in cases provided for in Point b, Clause 2 of this Article); to bear responsibility under the law for violations of the provisions of the signed Contract.

9. The Ministry of Finance shall guide administrative procedures for leasing the right to exploit road infrastructure assets.

Article 43. Transfer with a Term of Road Infrastructure Assets

1. Transferring with a term of road infrastructure assets is the act of the State transferring the right to invest in upgrading, expanding, and exploiting road infrastructure assets within a specified period according to a Contract in exchange for a corresponding amount of money.

2. The transfer with a term of road infrastructure assets shall apply to existing road infrastructure assets that have been approved by the competent state agency for investment projects to upgrade and expand (details about scale, total investment capital, project implementation plan); including:

a) Road construction works;

b) Bus stations, parking lots, highway management houses, rest stops.

3. Based on the development planning and upgrading and expansion plans for existing road infrastructure assets, the Ministry of Transport and the People's Committee of the province shall classify them annually to prepare plans for transferring with a term of road infrastructure assets under their management.

4. The transfer with a term of road infrastructure assets shall be carried out through public auction procedures, except in special cases decided by the Prime Minister.

5. Authority to decide on transferring with a term of road infrastructure assets:

a) The Ministry of Finance decides on transferring with a term of road infrastructure assets under central management upon the proposal of the Ministry of Transport;

b) The Provincial People's Council delegates authority to decide on transferring with a term of road infrastructure assets under local management.

6. The term of transferring with a term of road infrastructure assets shall be specifically determined in each Transfer Contract but shall not exceed 49 years.

7. The revenue from transferring with a term of road infrastructure assets, after deducting related expenses, shall be used for investment development and maintenance of road infrastructure assets in accordance with the State budget law.

8. Rights and obligations of organizations and individuals receiving the transfer with a term of road infrastructure assets:

a) To decide on the exploitation and collection of fees for using road infrastructure assets in accordance with the signed Contract and adjusted according to the plan approved by the competent state agency; to lodge complaints or initiate lawsuits in accordance with the law if their rights and interests are violated;

b) To invest in upgrading and expanding the road infrastructure assets received in accordance with the planning and the agreed timeline in the Contract; to ensure maintenance in accordance with the requirements stipulated in the signed Contract; to bear responsibility under the law for violations of the provisions of the signed Contract.

9. The Ministry of Finance shall guide administrative procedures for transferring with a term of road infrastructure assets.

Article 44. Exploitation of infrastructure assets for road projects under BOT Contracts

For road infrastructure upgrade and expansion projects implemented under BOT Contracts, the exploitation of infrastructure assets shall be carried out in accordance with relevant laws.

Section 2
EXPLOITATION OF LAND FUNDS TO CREATE CAPITAL FOR ROAD DEVELOPMENT

Article 45. Preparation of conditions for exploiting land funds to create capital for road development

1. Exploiting land funds to create capital for road development means that the competent state agency decides to expand the scope of land acquisition beyond the area serving new construction, upgrading, and expanding roads in order to create land funds to generate capital for road development.

2. The exploitation of land funds to create capital for road development must be compulsorily applied to new construction and expansion projects of roads according to urban development plans or rural residential area plans.

As for road upgrading projects or other new construction and expansion road projects, based on actual circumstances, the competent state agency as stipulated in Clause 3 of this Article shall decide on the exploitation of land funds to create capital for road development.

3. Annually, based on planning and implementation plans for new construction, upgrading, and expansion road projects:

a) The Ministry of Transport shall take the lead and coordinate with provincial People's Committees to establish a list of road construction, upgrading, and expansion projects applying the mechanism of exploiting land funds to create capital (hereinafter referred to as projects applying the land fund exploitation mechanism); submit to the Prime Minister for approval (for centrally-managed projects);

b) Provincial People's Committees shall establish and approve the list of projects applying the land fund exploitation mechanism after submitting it to the same-level People's Council for approval (for locally-managed projects).

4. Projects applying the land fund exploitation mechanism as stipulated in Clause 3 of this Article include the following main contents:

a) Name and location of projects applying the land fund exploitation mechanism.

b) Scope of land acquisition for projects applying the land fund exploitation mechanism.

c) Total expected land area to be acquired. Among which:

- Land area for implementing new construction, upgrading, and expansion road projects;

- Expected land area for generating capital.

d) Total estimated project investment amount for projects applying the land fund exploitation mechanism. Among which:

- Investment capital for new construction, upgrading, and expansion road projects;

- Compensation, support, and resettlement costs for land areas intended to generate capital.

đ) Intended land use according to planning for land areas intended to generate capital.

e) Other related contents.

5. After being approved, the list of projects applying the land fund exploitation mechanism must be publicly announced through mass media.

Article 46. Implementation of projects applying the land fund exploitation mechanism

1. The establishment and approval of projects applying the land fund exploitation mechanism shall be carried out in accordance with relevant laws.

2. Based on the approved list of projects applying the land fund exploitation mechanism, the investment decision-maker selects the implementation method for projects applying the land fund exploitation mechanism as stipulated in Clause 3 of this Article.

3. Projects applying the land fund exploitation mechanism shall be implemented by one of the two methods in the following priority order:

a) The State assigns organizations or individuals to implement projects applying the land fund exploitation mechanism;

b) The State invests capital and implements projects applying the land fund exploitation mechanism.

4. The provincial People's Committee where the project applying the land fund exploitation mechanism is located shall have the responsibility:

a) To reclaim all land areas of projects applying the land fund exploitation mechanism;

b) To approve or delegate approval of compensation, support, and resettlement plans for all land areas implementing projects applying the land fund exploitation mechanism in accordance with the law;

c) To organize the implementation of compensation, support, and resettlement for all land areas implementing projects applying the land fund exploitation mechanism;

d) To approve and publicly announce detailed planning for land areas intended to generate capital;

đ) To determine the land price for land use fees, land lease fees paid in full for the entire lease period for land areas intended to generate capital when implementing the method prescribed in Point a, Clause 3 of this Article;

e) To determine the starting price for conducting public auctions for land use rights, land lease rights paid in full for the entire lease period when implementing the method prescribed in Point b, Clause 3 of this Article;

g) Other related tasks.

Article 47. Financial Mechanism for Projects Applying the Land Fund Exploitation Mechanism to Generate Capital Implemented by the State

1. The investment decision-maker shall decide to entrust the project investor with implementing the Project applying the land fund exploitation mechanism to generate capital in accordance with the provisions of the law.

2. The investor has the responsibility:

a) Proposing to utilize capital advances, receiving, using, and repaying capital advances to implement the Project applying the land fund exploitation mechanism to generate capital in accordance with the provisions of the law;

b) Paying compensation, support, and resettlement costs for the entire area of land of the Project applying the land fund exploitation mechanism to generate capital according to the compensation, support, and resettlement plan approved by the competent state authority;

c) Managing, protecting, and organizing the auction of land use rights and land lease rights for the land fund to generate capital;

d) Implementing new construction, upgrading, and expanding road projects in accordance with the decision approving such projects by the competent state authority;

3. Based on the completion progress and the ability to generate capital from the land fund to generate capital, the competent state authority decides to provide capital advances to the project investor to implement the Project. The specific authority to decide on providing capital advances to the project investor is as follows:

a) The Prime Minister decides on capital advances at the proposal of the Ministry of Finance and the Ministry of Transport (for Projects applying the land fund exploitation mechanism to generate capital under central management);

b) The provincial People's Committee decides on capital advances at the proposal of the Department of Finance and the Department of Transport (for Projects applying the land fund exploitation mechanism to generate capital under local management).

4. Compensation, support, and resettlement expenses for the area of land implementing new construction, upgrading, and expanding road projects according to the plan approved by the competent state authority shall be included in the project's investment capital in accordance with the provisions of the law.

5. Compensation, support, and resettlement expenses for the land fund to generate capital according to the plan approved by the competent state authority shall be refunded from the proceeds of the auction of land use rights and land lease rights paid in full for the entire lease period for the land fund to generate capital.

6. Determination of the starting price, organization of the auction, approval of the results, and signing of Contracts with organizations and individuals winning the auction of land use rights and land lease rights paid in full for the entire lease period for the land fund to generate capital shall be carried out in accordance with the provisions of the law on auctions and the law on land.

7. The proceeds from the sale of land use rights and land lease rights paid in full for the entire lease period for the land fund to generate capital through the auction shall be deposited into a separate account at the state treasury managed by the project investor and used in the following priority order:

a) Refunding compensation, support, and resettlement expenses for the land fund to generate capital according to the plan approved by the competent state authority;

b) Paying related expenses for the auction of land use rights and land lease rights paid in full for the entire lease period for the land fund to generate capital;

c) Supporting the implementation of new construction, upgrading, and expanding road projects according to the decision of the competent state authority;

d) Depositing into the local budget in accordance with the regulations.

8. The Ministry of Finance shall guide the accounting of revenues and expenditures from the land fund to generate capital in accordance with the provisions of the law on accounting and the law on the state budget.

Article 48. Financial mechanism for Projects applying the mechanism of land fund exploitation to create capital, implemented by organizations and individuals

1. The preparation, organization, approval of results, and signing of Contracts with winning organizations and individuals to implement Projects applying the mechanism of land fund exploitation to create capital shall be carried out in accordance with the provisions of this Decree and the law on bidding.

2. In addition to the provisions of the law on bidding, the basis for selecting organizations and individuals to implement Projects applying the mechanism of land fund exploitation to create capital must also meet the following two conditions:

a) The value of the Project applying the mechanism of land fund exploitation to create capital proposed by the winning bid is the lowest compared to the approved budget estimate by the competent state agency.

b) The land price for land use fee and land lease payment made in one lump sum for the entire lease period for the land fund to create capital proposed by the winning bid is the highest compared to the land price approved by the competent state agency.

3. The winning bid price of Projects applying the mechanism of land fund exploitation to create capital and the land use fee, land lease payment made in one lump sum for the entire lease period shall remain stable throughout the implementation period of the Project applying the mechanism of land fund exploitation to create capital (except for cases of force majeure as prescribed by law).

4. When there is a difference between the winning bid price of Projects applying the mechanism of land fund exploitation to create capital and the land use fee, land lease payment made in one lump sum for the entire lease period, it shall be handled as follows:

a) If the value of the Project applying the mechanism of land fund exploitation to create capital is lower than the land use fee and land lease payment made in one lump sum for the entire lease period for the land fund to create capital, then the organization or individual shall be responsible for paying the local budget the difference.

b) If the value of the Project applying the mechanism of land fund exploitation to create capital is higher than the land use fee and land lease payment made in one lump sum for the entire lease period for the land fund to create capital, then the central government budget (for projects under central management) or the local government budget (for projects under local management) shall refund the organization or individual implementing the Project the difference.

5. Organizations and individuals implementing Projects applying the mechanism of land fund exploitation to create capital shall be responsible for:

a) Paying compensation, support, and resettlement costs for the entire area of land of Projects applying the mechanism of land fund exploitation to create capital;

b) Implementing road construction investment projects;

c) Paying the local budget the difference as stipulated in Point a Clause 4 of this Article;

d) Handing over road works according to the schedule committed in the Contract;

đ) Performing other tasks specified in the signed Contract.

6. The time for settling the difference as stipulated in Clause 4 of this Article is the end date of the signed Contract (as recorded in the signed Contract).

7. The Ministry of Finance shall provide guidance on accounting for revenues and expenditures from the land fund to create capital in accordance with the law on accounting and the law on state budget.

Chapter V
IMPLEMENTATION

Article 49. Effective Date

This Decree takes effect from March 1, 2013.

Article 50. Implementation Provisions

1. The Ministry of Finance and the Ministry of Transport within their assigned tasks and authorities shall be responsible for detailing and guiding the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally-run cities, and Heads of related agencies shall be responsible for implementing this Decree./.