Decree No. 43/2018/NĐ-CP stipulates the management, use, and exploitation of maritime infrastructure assets.

DECREE

Regulations on management, use, and exploitation

of maritime infrastructure assets

 

 

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Based on the Maritime Law dated November 25, 2015;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate the management, use, and exploitation of maritime infrastructure assets.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

1. This Decree regulates the management, use, and exploitation of maritime infrastructure assets invested in and managed by the State.

2. The management, use, and exploitation of maritime infrastructure assets invested in by organizations and individuals not covered by this Decree.

Article 2. Applicability

1. State management agency for maritime affairs.

2. Agency entrusted with managing maritime infrastructure assets (hereinafter referred to as the asset management agency).

3. Agencies, units, and enterprises entrusted with using and exploiting maritime infrastructure assets.

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

Article 3. Principles of management, use, and exploitation of maritime infrastructure assets

1. All maritime infrastructure assets shall be assigned by the State to the relevant entities for management and use in accordance with the law.

2. State management of maritime infrastructure assets shall be carried out uniformly, clearly defining the authority and responsibilities of each state agency, and coordinating responsibilities among state agencies; distinguishing between the state management function of state agencies and business activities of enterprises.

3. Exploitation of maritime infrastructure assets must follow market mechanisms, ensuring efficiency; the State encourages socialization to mobilize social resources for maintenance, development, and exploitation of maritime infrastructure assets.

4. Maritime infrastructure assets shall be fully inventoried and accounted for in terms of physical assets and value; assets at high risk from natural disasters, fires, and other force majeure causes shall be financially risk-managed through insurance or other legal instruments.

5. Management, use, and exploitation of maritime infrastructure assets must ensure transparency and openness; they shall be subject to supervision, inspection, audit; all violations of laws on asset management and use must be promptly and strictly dealt with according to the law.

 

Chapter II

MANAGEMENT, USE AND EXPLOITATION

OF MARITIME INFRASTRUCTURE ASSETS

 

Section 1

MANAGEMENT OF MARITIME INFRASTRUCTURE ASSETS

 

Article 4. Maritime Infrastructure Assets

Maritime infrastructure assets (including land and water areas associated with the assets) include:

1. Port infrastructure assets:

a) Berths (including waters in front of the wharf), floating berths;

b) Cargo handling zones, anchorage zones, storm shelters within port waters;

c) Administrative offices, service facilities, warehouses, yards, workshops, and other auxiliary works;

d) Traffic information systems, communication systems, and electricity and water supply systems.

2. Safety assurance assets for maritime operations:

a) Lighthouses and lighthouse stations;

b) Buoys, markers, and buoy management stations;

c) Vessel Traffic Services (VTS) monitoring and coordination systems;

d) Breakwaters, sand barriers, bank protection structures, and shoreline protection structures;

đ) Shipping channels.

3. Telecommunication network infrastructure assets for maritime operations are assets, architectural structures, and equipment directly serving the operation of the Vietnam Coastal Information System.

4. Maritime infrastructure assets specified in Clause 1, Clause 2, and Clause 3 of this Article that relate to national defense and security shall be identified in accordance with the law on protecting important works related to national defense and security.

Article 5. Transfer of Management of Maritime Infrastructure Assets

1. The transfer of management of maritime infrastructure assets shall be carried out as follows:

a) The maritime infrastructure assets specified in Clause 1, Points c, d, and đ of Clause 2, Article 4 of this Decree shall be transferred to the agency responsible for managing such assets, which is the specialized state management agency under the Ministry of Transport;

b) The maritime infrastructure assets specified in Clause 3, Article 4 of this Decree shall be transferred to the enterprise providing coastal information services under the Ministry of Transport for management through the form of state capital investment in enterprises in accordance with the provisions of the law on the management and use of state capital invested in production and business activities of enterprises;

c) The maritime safety assurance infrastructure assets specified in Points a and b of Clause 2, Article 4 of this Decree shall be transferred to the enterprise providing maritime safety assurance services under the Ministry of Transport for management through the form of state capital investment in enterprises in accordance with the provisions of the law on the management and use of state capital invested in production and business activities of enterprises.

2. The authority to transfer the management of maritime infrastructure assets as stipulated in Point a, Clause 1 of this Article.

a) The Prime Minister decides to transfer maritime infrastructure assets related to national defense and security, and assets formed from projects decided to be invested by the Prime Minister according to regulations based on the proposal of the Minister of Transport and relevant agencies;

b) The Minister of Transport decides to transfer maritime infrastructure assets not within the scope specified in Point a of this Clause.

3. The documents for transferring the management of maritime infrastructure assets as stipulated in Point a, Clause 1 of this Article include:

a) The request document of the agency responsible for managing the asset: 01 original copy;

b) The inspection and classification record of the asset or the asset handover file: 01 original copy;

c) The list of assets to be managed (name of asset, quantity, condition, original value, remaining value): 01 original copy;

d) Other related documents (if any): 01 copy.

4. The procedures for transferring the management of maritime infrastructure assets as stipulated in Point a, Clause 1 of this Article:

a) Within 12 months from the date this Decree takes effect (for existing maritime infrastructure assets) or 60 days from the date of completion and handover for use of new maritime infrastructure assets constructed or purchased, the Ministry of Transport shall direct the agency responsible for managing the asset to cooperate with the agencies and organizations currently managing and using the asset to inspect, classify, determine the value of the asset, prepare 01 set of documents as prescribed in Clause 3 of this Article, and report to the Ministry of Transport the plan for transferring the management of maritime infrastructure assets. The costs for organizing and implementing the inspection and classification of assets shall be allocated from the state budget in accordance with the provisions of the law on the state budget;

b) Within 30 days from the date of receiving complete valid documents, the Minister of Transport shall examine and decide on the transfer of maritime infrastructure assets according to his authority;

c) Within 30 days from the date of receiving complete valid documents, the Ministry of Transport shall issue a document along with a copy of the documents as prescribed in Clause 3 of this Article to seek opinions from relevant agencies regarding the plan for transferring maritime infrastructure assets for assets within the Prime Minister's transfer authority;

Within 30 days from the date of receiving complete valid documents from the Ministry of Transport, relevant agencies shall provide opinions according to their functions and tasks regarding the plan for transferring maritime infrastructure assets;

Within 30 days from the date of receiving the opinions of relevant agencies, the Minister of Transport shall issue a document (along with a copy of the documents as prescribed in Clause 3 of this Article and the opinions of relevant agencies) to report to the Prime Minister for examination and decision on the plan for transferring maritime infrastructure assets.

d) The main contents of the Decision on the transfer of management of assets include: Name of the agency responsible for managing the asset; list of assets to be managed (name of asset, quantity, condition, original value, remaining value); responsibility for organizing implementation;

đ) Within 30 days from the date of the decision of the agency or person with authority as stipulated in Clause 2 of this Article, the Ministry of Transport shall direct the organization to implement the handover and acceptance of maritime infrastructure assets in accordance with regulations. The handover and acceptance of assets shall be recorded in a Record in Form No. 01 prescribed in the Appendix issued together with this Decree.

Article 6. Management of maritime infrastructure assets as state capital components in enterprises

1. The management and use of maritime infrastructure assets as state capital components in enterprises shall be carried out in accordance with the provisions of laws on the management and use of state capital invested in production and business activities in enterprises, specialized maritime laws, and related laws.

2. The Ministry of Transport shall direct the agency entrusted with asset management to cooperate with service-providing enterprises for ensuring maritime safety and coastal information services to re-evaluate the value of assets specified in points a and b, Clause 2, and Clause 3, Article 4 of this Decree, and report to the competent authority for deciding to allocate (adjust) capital to enterprises in accordance with the laws on the management and use of state capital invested in production and business activities in enterprises.

The re-evaluation of the value of maritime infrastructure assets for calculating state capital components in enterprises shall be conducted in accordance with the laws on the management and use of state capital invested in production and business activities in enterprises, laws on pricing, and related laws.

 

Section 2

MANAGEMENT AND ACCOUNTING DOCUMENTATION FOR ASSETS

MARITIME INFRASTRUCTURE

 

Article 7. Documentation for managing maritime infrastructure assets

1. Documentation for managing maritime infrastructure assets includes:

a) Documentation related to the formation and changes in maritime infrastructure assets as prescribed in this Decree and relevant laws;

b) Declarations and reports on the management and use of maritime infrastructure assets as prescribed in Article 28 of this Decree;

c) Databases on maritime infrastructure assets as prescribed in Article 29 of this Decree.

2. The agency entrusted with asset management shall be responsible for:

a) Preparing documentation for assets within its scope of management;

b) Managing and storing all documentation for assets within its scope of management and implementing reporting requirements to the Ministry of Transport and competent state authorities as prescribed in this Decree.

Article 8. Accounting for maritime infrastructure assets

1. Maritime infrastructure assets that have an independent structure or consist of multiple individual parts interconnected to perform specific functions are accounting objects.

In cases where a system is assigned to multiple agencies for management, the accounting object is the portion of assets assigned to each agency.

2. The agency entrusted with the management of maritime infrastructure assets shall implement the establishment of accounting books for the maritime infrastructure assets under its management in accordance with the laws on accounting.

3. The original cost and remaining value of maritime infrastructure assets shall be determined based on the following principles:

a) For maritime infrastructure assets in use before the effective date of this Decree: If the maritime infrastructure assets already have information on their original cost and remaining value, such values shall be used for accounting entries; if there is no such information, an estimated value shall be used to determine the asset's value for accounting purposes; the estimated value shall be decided by the Minister of Transport;

b) For maritime infrastructure assets completed and put into use from the effective date of this Decree, the accounting entry value shall be the purchase price or investment construction cost as stipulated;

c) For newly constructed maritime infrastructure assets that have been completed and put into use but have not yet had their final accounts approved by the competent state authority, a provisional original cost shall be used for accounting entries. In this case, the provisional original cost shall be selected in the following order of priority: proposed final account value; value determined by the A-B Acceptance Report; project budget value already approved. When the final accounts are approved, the accounting body shall adjust the recorded value according to the laws on accounting;

d) For maritime infrastructure assets undergoing upgrades or expansions during management and use, based on approved projects, the final account value of the project shall be added to the asset's value for accounting purposes;

4. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to establish accounting regulations and depreciation methods for maritime infrastructure assets.

 

Section 3

MAINTENANCE OF MARITIME INFRASTRUCTURE ASSETS

 

Article 9. Maintenance of maritime infrastructure assets

1. Maritime infrastructure assets must be maintained in accordance with the provisions of this Decree and relevant laws, ensuring compliance with procedures, processes, plans, and standards to maintain the technical condition of the assets, ensuring normal and safe operation when in use and exploitation.

2. Forms of maintenance for maritime infrastructure assets:

a) Quality-based maintenance:

Quality-based maintenance involves performing maintenance activities according to specified quality standards over a certain period for a fixed amount of money as stipulated in the economic contract.

The agency entrusted with managing the asset is responsible for determining the maintenance cost quota for each asset within its management scope; submitting it for approval by the competent state authority. The maintenance cost quota for maritime infrastructure assets is determined based on the economic-technical standard method of maintenance activities or the average cost method of maintenance activities over the three preceding years plus inflation factors (if applicable) or a combination of both methods.

The Ministry of Transport shall prescribe criteria for monitoring and accepting the results of quality-based maintenance of maritime infrastructure assets;

b) Volume-based maintenance:

Volume-based maintenance involves performing maintenance activities and being paid based on the actual volume of work completed;

c) Combined maintenance and product recovery as prescribed in Article 11 of this Decree.

3. The Ministry of Transport decides or delegates the authority to decide on the application of the forms of maintenance prescribed in points a and b, Clause 2 of this Article for each maintenance activity of maritime infrastructure assets in accordance with this Decree, laws on quality management and maintenance of construction works, and specialized maritime laws to ensure economy and efficiency.

4. The selection of organizations to implement maintenance of maritime infrastructure assets under the forms prescribed in Clause 2 of this Article shall be carried out in accordance with laws on bidding, specialized maritime laws, and related laws.

For cases prescribed in points a, b, and c, Clause 5 of this Article, the selection of organizations and individuals to perform maintenance shall be carried out in accordance with relevant laws.

5. Maintenance funds for maritime infrastructure assets are allocated from the state budget in accordance with laws on the state budget and other sources of funding as prescribed by law, except for the following cases:

a) Maritime infrastructure assets that have been included as state capital components in enterprises;

b) Maritime infrastructure assets during the period of leasing exploitation rights where the enterprise leasing exploitation rights performs maintenance according to the signed contract;

c) Maritime infrastructure assets during the period of transferring exploitation rights for a limited time where the enterprise receiving the transfer performs maintenance according to the signed contract.

Article 10. Organization of the State Budget Expenditure Estimate for Maintenance of Maritime Infrastructure Assets

1. The procedure and process for establishing and allocating the annual state budget expenditure estimate for maintenance of maritime infrastructure assets shall be carried out in accordance with laws on the state budget:

a) Based on technical standards, technical regulations, economic-technical standards, maintenance unit prices, the volume of work required to be performed, and the approved maintenance plan of the asset by the competent authority, the agency entrusted with managing the asset shall establish the state budget expenditure estimate for maintenance of maritime infrastructure assets (except for cases prescribed in points a, b, and c, Clause 5 of Article 9 of this Decree), submit it for review and consolidation into the annual state budget estimate by the Ministry of Transport in accordance with laws on the state budget;

b) On the basis of the decision allocating the state budget by the competent state authority, the Ministry of Transport allocates the state budget to the agency entrusted with managing the asset;

c) The agency entrusted with managing maritime infrastructure assets shall organize the implementation of the state budget expenditure estimate for maintenance of maritime infrastructure assets in accordance with the law.

2. The procedure and process for establishing and allocating the medium-term state budget expenditure estimate for maintenance of maritime infrastructure assets for three and five years shall be carried out in accordance with laws on financial-planning and state budget planning for three years and financial planning for five years.

Article 11. Combined Maintenance and Product Recovery

1. Combined maintenance and product recovery refers to the State entrusting enterprises with the task of dredging and maintaining maritime channels while recovering products to offset the maintenance costs of assets. This form of maintenance shall be applied to dredging and maintaining maritime channels that produce recoverable products.

2. The combined maintenance and product recovery must be established as a project and implemented according to the laws on public investment and bidding.

3. The maintenance cost for maritime channels and the value of recovered products shall be determined as follows:

a) The maintenance cost for maritime channels shall be determined and implemented in accordance with the laws on public investment, state budget, and other relevant laws;

b) The value of recovered products shall be based on the quantity (reserves) of recovered products and the price of recovered products issued by the People's Committee of the province in accordance with the law, excluding fees for mineral exploitation rights, taxes, fees, and charges as prescribed by the laws on tax, fees, and charges.

4. The maintenance cost for maritime channels and the value of recovered products stipulated in Clause 3 of this Article shall be adjusted in cases where competent authorities or authorized persons implement:

a) Adjusting the scale and design of maritime channels according to the approved project;

b) Adjusting the quantity (reserves) of recovered products compared to the quantity (reserves) already determined by the competent authority.

5. The payment value of the Contract for combined maintenance and product recovery includes the difference between the maintenance cost for maritime channels and the value of recovered products as stipulated in the signed contract, and the adjustment value as prescribed in Clause 4 of this Article (if applicable). The payment of the Contract for combined maintenance and product recovery shall be carried out as follows:

a) In case the maintenance cost for maritime channels is less than the value of recovered products, the enterprise shall be responsible for paying the difference into the state budget;

b) In case the maintenance cost for maritime channels exceeds the value of recovered products, the State shall pay the difference to the enterprise. The payment cost for the difference shall be sourced from the maintenance fund for maritime infrastructure assets of the year in question (if allocated) or consolidated and supplemented into the maintenance fund plan for maritime infrastructure assets of the following year according to the laws on state budget.

6. The contents prescribed in Clauses 3, 4, and 5 of this Article must be included in the tender documents, economic contracts, and annexes of contracts signed between the parties (if any).

7. The authority, procedures, and processes for implementing maintenance through dredging and channel maintenance combined with product recovery; supervision criteria, acceptance criteria for dredging and channel maintenance results, and other related contents shall be carried out in accordance with the Government's regulations on management rules for dredging activities in port waters and inland waterways and relevant laws.

 

Section 4

EXPLOITATION OF MARITIME INFRASTRUCTURE ASSETS

 

Article 12. Methods of Exploitation and Revenue Sources from Maritime Infrastructure Assets

1. The exploitation of maritime infrastructure assets shall be carried out in the following methods:

a) Entrusting the agency entrusted with asset management to directly organize the exploitation of assets;

b) Leasing the right to exploit maritime infrastructure assets;

c) Transferring the right to exploit maritime infrastructure assets for a limited period.

2. Revenue sources from exploiting maritime infrastructure assets include:

a) Fees and charges as prescribed by the laws on fees and charges;

b) Revenue from usage fees and service fees as prescribed by the laws;

c) Revenue from leasing the right to exploit and transferring the right to exploit maritime infrastructure assets for a limited period as prescribed in this Decree in cases of leasing the right to exploit and transferring the right to exploit assets for a limited period.

3. For maritime infrastructure assets serving public purposes, if the methods of asset exploitation prescribed in Clause 1 and Clause 2 of this Article are not applied, the agency entrusted with asset management shall manage and use them in accordance with the provisions; there is no need to prepare an Asset Exploitation Plan to submit for approval by the competent authority as prescribed in this Section. The Minister of Transport shall decide the list of maritime infrastructure assets under its management serving public purposes, which do not apply the methods of asset exploitation prescribed in Clause 1 and Clause 2 of this Article based on the proposal of the agency entrusted with asset management.

Article 13. Agencies assigned to manage assets directly organize exploitation of assets of maritime infrastructure structures

1. Agencies assigned to manage assets directly organize exploitation of assets in the following cases:

a) Maritime infrastructure assets related to national security;

b) Applying direct exploitation methods more effectively than those prescribed in points b and c, Clause 1, Article 12 of this Decree;

c) There is no organization registering to implement the methods prescribed in points b and c, Clause 1, Article 12 of this Decree.

2. Authority to approve the Project on Exploitation of Assets of Maritime Infrastructure Structures:

a) The Prime Minister approves the Project on Exploitation of Assets of Maritime Infrastructure Structures related to national defense, national security, assets formed from projects decided to invest by the Prime Minister based on the proposal of the Minister of Transport, opinions of the Ministry of Finance and relevant agencies;

b) The Minister of Transport approves the Project on Exploitation of Assets of Maritime Infrastructure Structures not within the scope prescribed in point a of this clause.

3. Documents for requesting approval of the Project on Exploitation of Assets of Maritime Infrastructure Structures include:

a) The request document of the agency responsible for managing the asset: 01 original copy;

b) The Project on Exploitation of Assets according to Model No. 07 prescribed in the Appendix issued together with this Decree: 01 original copy;

c) Other related documents (if any): 01 copy.

4. Preparation and Approval of the Project on Exploitation of Assets of Maritime Infrastructure Structures:

a) The agency assigned to manage assets prepares 01 set of documents for requesting exploitation of assets of maritime infrastructure structures as prescribed in Clause 3 of this Article and reports to the Ministry of Transport;

b) Within 30 days from the date of receiving complete valid documents, the Minister of Transport examines and decides to approve the Project on Exploitation of Assets of Maritime Infrastructure Structures within his authority or issues a response document in case the Project is not appropriate;

c) Within 30 days from the date of receiving complete valid documents, the Ministry of Transport sends a document along with a copy of the documents prescribed in Clause 3 of this Article to seek opinions of the Ministry of Finance and relevant agencies regarding assets within the Prime Minister's decision-making authority.

Within 30 days from the date of receiving complete valid documents from the Ministry of Transport, the Ministry of Finance and relevant agencies have the responsibility to provide opinions according to their functions and tasks regarding the Project on Exploitation of Assets of Maritime Infrastructure Structures;

Within 30 days from the date of receiving participation opinions of the Ministry of Finance and relevant agencies, the Minister of Transport issues a document (along with a copy of the documents prescribed in Clause 3 of this Article and opinions of relevant agencies) reporting to the Prime Minister for examination and decision to approve the Project on Exploitation of Assets of Maritime Infrastructure Structures or issues a directive in case the Project is not appropriate.

5. Based on the Project on Exploitation of Assets of Maritime Infrastructure Structures approved by the competent authority, the agency assigned to manage assets organizes implementation of asset exploitation according to the approved Project and legal regulations.

Article 14. Leasing Rights to Exploit Assets of Maritime Infrastructure Structures

1. Leasing rights to exploit assets of maritime infrastructure structures is the act of the State transferring exploitation rights of assets to businesses operating maritime infrastructure structures for a certain period according to a Contract to receive a corresponding amount of money.

2. Authority to Approve the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures:

a) The Prime Minister approves the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures related to national defense, national security, assets formed from projects decided to invest by the Prime Minister based on the proposal of the Minister of Transport, opinions of the Ministry of Finance and relevant agencies;

b) The Minister of Transport approves the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures not within the scope prescribed in point a of this clause after receiving opinions of the Ministry of Finance and relevant agencies.

3. Documents for Requesting Approval of the Project on Leasing Rights to Exploit Maritime Assets Include:

a) A document requesting approval of the Project on Leasing Rights to Exploit Maritime Assets: 01 original copy;

b) The Project on Leasing Rights to Exploit Assets according to Model No. 07 prescribed in the Appendix issued together with this Decree: 01 original copy;

c) Other related documents (if any): 01 copy.

4. Preparation and Approval of the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures.

a) The agency assigned to manage assets prepares 01 set of documents for requesting leasing rights to exploit assets of maritime infrastructure structures as prescribed in Clause 3 of this Article and reports to the Ministry of Transport;

b) Within 30 days from the date of receiving complete valid documents, the Ministry of Transport sends a document along with a copy of the documents prescribed in Clause 3 of this Article to seek opinions of the Ministry of Finance and relevant agencies regarding the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures;

c) Within 30 days from the date of receiving complete valid documents, the Ministry of Finance and relevant agencies provide opinions on: The completeness and validity of the documents; the necessity and appropriateness of the project with the functions and tasks of the unit, legal regulations on management and use of state assets, specialized laws and related laws; the suitability of the basis and method for determining the lease price of assets of maritime infrastructure structures; contents in the Project that need to be revised and supplemented appropriately;

d) Within 30 days from the date of receiving participation opinions of the Ministry of Finance and relevant agencies, the Ministry of Transport directs the agency assigned to manage assets to absorb, revise, and perfect the documents;

đ) The Minister of Transport examines and decides to approve the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures within his authority or issues a response document in case the Project is not appropriate;

e) The Minister of Transport issues a document (along with a copy of the documents prescribed in Clause 3 of this Article and participation opinions of relevant agencies), reporting to the Prime Minister for examination and approval of the Project on Leasing Rights to Exploit Assets of Maritime Infrastructure Structures within his authority or issues a directive in case the Project is not appropriate.

5. Based on the leasing project for exploiting maritime infrastructure assets approved by the competent authority as prescribed in Clause 2 of this Article, the Ministry of Transport shall direct the managing agency to organize an auction to select enterprises to lease the right to exploit assets in accordance with the Auction Law and sign a Lease Contract for the right to exploit assets in accordance with the provisions of the law. Enterprises participating in the auction must meet the conditions regarding capacity and experience in the business of maritime infrastructure as stipulated by the specialized maritime law and related laws.

6. The Lease Contract for the right to exploit assets shall include the following main contents:

a) Information of the lessor;

b) Information of the enterprise granted the right to exploit assets;

c) List of leased assets;

d) Lease term; rental price of maritime infrastructure assets; payment method and deadline; maintenance responsibility and other necessary contents;

đ) Rights and obligations of the parties;

e) Responsibilities for implementation organization.

7. Rights of enterprises leasing the right to exploit maritime infrastructure assets:

a) Exploiting maritime infrastructure assets in accordance with the provisions of the law and the signed Contract;

b) Deciding methods and measures to effectively exploit maritime infrastructure assets;

c) Collecting usage fees and service charges in accordance with the law and the signed Contract;

d) Being protected by the State in their legitimate rights and interests; lodging complaints and initiating lawsuits in accordance with the law;

đ) Exercising other rights of the lessee as provided by the law.

8. Obligations of enterprises leasing the right to exploit maritime infrastructure assets:

a) Safeguarding the leased assets (including land and water surface); not allowing loss, encroachment, or other violations as prescribed by the law;

b) Using the leased assets for the intended purpose; not transferring, selling, giving away, mortgaging, or contributing them as capital;

c) Ensuring maintenance of the assets in compliance with the requirements stipulated in the signed Contract;

d) Paying the lease fee for exploiting assets fully and on time as prescribed in the Contract; if the enterprise fails to pay or pays insufficiently beyond the deadline specified in the signed Contract, it must pay late payment interest as prescribed by the Tax Management Law. The managing agency shall submit a written request along with a copy of the Contract and payment receipts (if available) to the Tax Office (where the asset is located) to determine and issue a Notice on the amount of late payment interest as prescribed by the Tax Management Law;

đ) Accepting inspection and supervision by the lessor; jointly resolving arising disputes with the lessor;

e) Returning the maritime infrastructure assets at the end of the Contract term and in other cases prescribed in Clause 9 of this Article;

g) Periodically or promptly as prescribed in the signed Contract, the enterprise leasing the right to exploit must report to the managing agency on the condition of the assets to ensure safe and smooth maritime transport operations;

h) Fulfilling other obligations of the lessee as prescribed by the law and the signed Contract.

9. During the implementation period of the Contract for leasing the right to exploit maritime infrastructure assets, in case the enterprise voluntarily returns the assets, breaches the Contract, or the State needs to reclaim the assets for national defense, security, national interests, or public interest purposes, the handling of the rights and obligations (if any) of the relevant parties shall be carried out in accordance with the Contract, Civil Law, and related laws.

Article 15. Transfer with a Term of Rights to Exploit Maritime Infrastructure Assets

1. Transfer with a term of rights to exploit maritime infrastructure assets is the act where the State transfers the right to exploit for a certain period of time tied to investment in upgrading and expanding existing maritime infrastructure assets according to a project approved by the competent authority under the Contract in exchange for a corresponding amount of money.

2. The Prime Minister shall approve the Project on transferring with a term of rights to exploit maritime infrastructure assets related to national defense and security, assets formed from projects decided to be invested by the Prime Minister in accordance with the provisions above based on the proposal of the Minister of Transport, opinions of the Ministry of Finance and relevant agencies.

3. The transfer with a term of rights to exploit maritime infrastructure assets shall be carried out through public auction. Selection criteria for enterprises participating in the auction include:

a) The enterprise's capacity and experience in investment and business in the maritime infrastructure sector in accordance with specialized maritime laws and related laws;

b) Financial capacity to implement the project in accordance with laws on investment.

4. The term of transfer of maritime infrastructure assets shall be specifically determined in each transfer contract but shall not exceed 50 years at maximum.

5. Documents for requesting approval of the Project on transferring with a term of rights to exploit maritime infrastructure assets include:

a) A document proposing the transfer with a term of rights to exploit assets: one original copy;

b) The Project on transferring with a term of rights to exploit assets according to Model No. 07 stipulated in the Appendix issued together with this Decree: one original copy;

c) Other related documents (if any): one copy.

6. Preparation and Approval of the Project on Transferring with a Term of Maritime Infrastructure Assets:

a) The agency entrusted with managing the asset shall prepare one set of documents for requesting the transfer with a term of maritime infrastructure assets as stipulated in Clause 5 of this Article and report to the Ministry of Transport;

b) Within thirty days from the date of receiving complete and valid documents, the Ministry of Transport shall issue a document along with a copy of the documents stipulated in Clause 5 of this Article to seek the opinion of the Ministry of Finance and relevant agencies on the Project on transferring with a term of rights to exploit maritime infrastructure assets;

c) Within thirty days from the date of receiving complete and valid documents, the Ministry of Finance and relevant agencies shall be responsible for providing opinions on the following contents: the completeness and validity of the documents; the necessity and appropriateness of the Project in transferring with a term of rights to exploit assets in accordance with laws on management and use of state assets, specialized maritime laws, and related laws; the appropriateness of the basis and method for determining the price of transferring rights to exploit maritime infrastructure assets; contents in the project that need to be revised and supplemented;

d) Within thirty days from the date of receiving the opinions of the Ministry of Finance and relevant agencies, the Ministry of Transport shall instruct the agency entrusted with managing the asset to absorb, revise, and perfect the documents; based on which, the Minister of Transport shall issue a document (along with a copy of the documents stipulated in Clause 5 of this Article and the opinions of relevant agencies) to report to the Prime Minister for approval within his/her authority or issue a directive in case the Project on transferring with a term of rights to exploit assets is not appropriate;

e) Based on the Project on transferring with a term of rights to exploit maritime infrastructure assets approved by the Prime Minister, the Ministry of Transport shall instruct the agency entrusted with managing the asset to organize an auction to select enterprises to take over the transfer of rights to exploit assets in accordance with Clause 3 of this Article and sign a Contract on transferring with a term of rights to exploit assets in accordance with the law.

7. The Contract on transferring with a term of rights to exploit assets shall include the following main contents:

a) Information of the transferring party;

b) Information of the enterprise taking over the transfer;

c) List of assets being transferred with a term of rights to exploit;

d) Term of transfer; transfer price; payment method and deadline; investment and upgrade project items and other necessary contents;

đ) Rights and obligations of the parties;

e) Responsibilities for implementation organization.

8. Within ninety days from the date of signing the Contract, the enterprise taking over the transfer with a term of rights to exploit maritime infrastructure assets shall be responsible for paying the transfer price to the agency entrusted with managing the asset. The agency entrusted with managing the asset shall be responsible for depositing the money into a temporary holding account within three working days from the date of receipt of the transfer price.

In case the enterprise taking over the transfer fails to pay or fails to fully pay the amount of money according to the signed contract beyond the time limit specified in this clause, the agency entrusted with managing the asset shall issue a document along with a copy of the Contract on transferring and proof of payment by the enterprise taking over the transfer (if any) to send to the Tax Department (where the asset is located) to determine and issue a Notice on the amount of late payment in accordance with the law on tax administration.

The specific deadline for payment and regulations on late payment must be clearly stated in the Auction Sale Regulations and the Contract on transferring with a term of rights to exploit assets.

9. Rights of the enterprise taking over the transfer with a term of maritime infrastructure assets:

a) To use and operate the assets in accordance with the signed Contract;

b) To collect usage fees and service charges in accordance with the law and the signed Contract;

c) To enjoy investment encouragement and preferential policies in accordance with the law on investment and other related laws;

d) To use property rights and the value received from the transfer to raise capital in accordance with the law;

e) To lodge complaints and initiate lawsuits in accordance with the law if their rights and interests are violated.

10. Obligations of the enterprise taking over the transfer with a term of maritime infrastructure assets:

a) Implement investment upgrades and expansions of the project according to the planning, on schedule, and with quality; ensure maintenance of assets in accordance with the requirements stipulated in the signed Contract;

b) Periodically or urgently report to the agency responsible for managing the assets on the status of the assets, ensuring smooth and safe maritime transportation operations;

c) Bear legal responsibility when violating provisions set forth in the signed Contract.

Article 16. Rental Price for Exploitation Rights and Transfer Price for Limited-Time Exploitation Rights of Maritime Infrastructure Assets

1. The rental price for exploitation rights of maritime infrastructure assets and the transfer price for limited-time exploitation rights of maritime infrastructure assets is the amount of money that the enterprise renting or receiving the limited-time transfer of exploitation rights must pay to the State to use the asset in accordance with the signed Contract.

2. The rental price for exploitation rights of maritime infrastructure assets includes fixed revenue and variable revenue.

In the case of leasing exploitation rights for maritime infrastructure assets such as service bases, warehouses, houses, workshops, and individual auxiliary facilities, the initial rental price for exploitation rights shall be determined in accordance with the market rental price of similar or equivalent technical standard and quality assets at the time of leasing and consistent with the purpose of leasing.

3. The determination of the initial price for auctioning the rental exploitation rights of maritime infrastructure assets is as follows:

a) Fixed revenue is determined based on asset depreciation, principal repayment, interest payments (if any), management and operation costs of the asset;

b) Variable revenue is determined as a percentage (%) of annual exploitation revenue from the leased asset;

c) The agency or person authorized to approve the lease proposal selects the initial price for auctioning as either fixed revenue or variable revenue according to the principle of prioritizing fixed revenue when all factors for determining fixed revenue are available; specifically, if the auction is for fixed revenue, then variable revenue remains stable; if the auction is for variable revenue, then fixed revenue remains stable.

4. The initial price for auctioning the transfer of limited-time exploitation rights of maritime infrastructure assets is determined based on the remaining value of the asset at the time of transfer according to revaluation, the remaining period of asset depreciation, additional investment value, estimated revenue and expenses from exploiting the asset during the transfer period.

5. The Minister of Transport shall examine and decide on the initial price for auctioning the rental exploitation rights of assets and the initial transfer price for limited-time exploitation rights of assets as stipulated in Clauses 2, 3, and 4 of this Article.

6. For maritime infrastructure assets attached to land and water not used for business or service purposes, the rental price structure for exploitation rights and the transfer price structure for limited-time exploitation rights of assets do not include land rent or water surface rent.

For maritime infrastructure assets attached to land and water used for business or service purposes, the rental price structure for exploitation rights and the transfer price structure for limited-time exploitation rights of assets include land rent and water surface rent.

7. The Ministry of Finance shall provide detailed guidance on this Article.

Article 17. Exploitation of land funds and water surfaces to create capital for developing maritime infrastructure assets

1. The use of land funds and water surfaces to create capital for developing maritime infrastructure shall be carried out in accordance with the provisions of Article 118 of the Law on Management and Use of State Property and laws on land.

2. The agency entrusted with managing the property shall prepare a project for exploiting land funds and water surfaces to submit to the Ministry of Transport, which shall seek opinions from the Ministry of Finance, relevant agencies, and the People's Committee of the province where the land is located, and report to the Prime Minister for consideration and approval.

3. The contents of the project include:

a) Basis and necessity of the project;

b) Expected area of land and water surface to be exploited;

c) Forms of land and water surface use;

d) Total investment amount of the project to build maritime infrastructure;

đ) Expected revenue from exploiting land funds and water surfaces;

e) Other information related to the exploitation of land funds and water surfaces;

g) Responsibility for organizing implementation.

Article 18. Maritime Fees and Charges

1. The list of maritime fees and charges shall be implemented in accordance with the laws on fees and charges.

2. The collection, payment, management, and use of maritime fees and charges shall be carried out in accordance with the laws on fees and charges, state budget laws, and other relevant laws.

3. The State authorizes specialized agencies under the Ministry of Transport to collect maritime fees and charges.

Article 19. Management and use of the proceeds from exploiting maritime infrastructure assets and exploiting land funds and water surfaces to create capital for developing maritime infrastructure assets

1. In cases where the agency entrusted with managing the property directly organizes the exploitation of maritime infrastructure assets as stipulated in Article 13 of this Decree:

a) Proceeds from the exploitation of maritime infrastructure assets as fees and charges specified in point a, Clause 2, Article 12 of this Decree shall be managed and used in accordance with the laws on fees and charges and state budget laws;

b) Proceeds from the exploitation of maritime infrastructure assets as service revenue specified in point b, Clause 2, Article 12 of this Decree shall be managed and used according to the financial mechanism applicable to the agency entrusted with managing the maritime infrastructure assets as prescribed.

2. In cases of exploiting maritime infrastructure assets and exploiting land funds and water surfaces as stipulated in Articles 14, 15, and 17 of this Decree:

a) Proceeds from leasing the right to exploit and transferring the right to exploit maritime infrastructure assets for a limited period, and proceeds from exploiting land funds and water surfaces shall be deposited into a temporary holding account at the National Treasury by the following agency:

The agency entrusted with implementing the task of managing property as stipulated in Clause 1, Article 19 of the Law on Management and Use of State Property for assets approved by the Prime Minister's project on exploitation;

The Department of Finance (where the agency entrusted with managing the property has its headquarters) for assets approved by the Minister of Transport's project on exploitation.

b) Costs related to the exploitation of assets and exploitation of land funds and water surfaces must be budgeted and approved by the Ministry of Transport, including:

Costs for inventory, determination of initial price, organization of auction, and other related costs in cases of leasing the right to exploit as stipulated in Article 14 of this Decree;

Costs for inventory, determination of initial price, organization of auction, and other related costs in cases of transferring the right to exploit for a limited period as stipulated in Article 15 of this Decree;

Costs related to the exploitation of land funds and water surfaces to create capital for developing maritime infrastructure assets as stipulated in Article 17 of this Decree.

3. The preparation of cost budgets; procedures and formalities for paying related costs for the exploitation of maritime infrastructure assets and exploitation of land funds and water surfaces shall be carried out in accordance with the provisions of Article 27 of this Decree.

4. Annually, the holder of the temporary holding account shall deposit the remaining proceeds from the exploitation of assets that have completed cost payments into the state budget in accordance with the state budget laws.

5. Proceeds from the exploitation of maritime infrastructure assets and exploitation of land funds and water surfaces already deposited into the state budget shall be prioritized for allocation in the public investment plan and state budget expenditure estimate to invest in new construction, upgrading, renovation, and development of maritime infrastructure assets in accordance with the laws on public investment, state budget laws, and other relevant laws.

 

Section 5

DISPOSITION OF MARITIME INFRASTRUCTURE ASSETS

 

Article 20. Forms of Handling Maritime Infrastructure Assets

1. Recovery of assets.

2. Transfer of assets.

3. Sale of assets.

4. Utilization of maritime infrastructure assets to settle debts for investors when implementing investment projects under construction-concession contracts.

5. Liquidation of assets.

6. Handling of assets in cases of loss or destruction.

7. Other forms of handling in accordance with the provisions of the law.

Article 21. Recovery of Maritime Infrastructure Assets

1. Maritime infrastructure assets shall be recovered in the following cases:

a) When there is a change in planning or management classification;

b) The asset is transferred to an incorrect recipient, used for an incorrect purpose, or lent out;

c) Sold, leased, gifted, mortgaged, contributed as capital, joint venture, or joint operation not in accordance with regulations;

d) The asset has been transferred but is no longer needed or its exploitation is ineffective;

đ) Other cases as prescribed by law.

2. Authority to decide on recovery:

a) The Prime Minister decides to recover maritime infrastructure assets related to national defense and security based on the proposal of the Minister of Transport;

b) The Minister of Finance decides to recover maritime infrastructure assets attached to land and water areas not within the scope specified in point a of this clause based on the proposal of the Ministry of Transport;

c) The Minister of Transport decides to recover maritime infrastructure assets not within the scope specified in points a and b of this clause.

3. Recovered maritime infrastructure assets shall be handled in the following forms:

a) Transferred in accordance with Article 22 of this Decree;

b) Sold in accordance with Article 23 of this Decree.

4. Documents for requesting recovery of maritime infrastructure assets include:

a) The request document of the agency responsible for managing the asset: 01 original copy;

b) Request for recovery issued by the superior managing agency: one original copy;

c) List of assets requested for recovery according to Model No. 06 stipulated in the Appendix accompanying this Decree: one original copy;

d) Related documents (if any): one copy;

5. Procedure and formalities for recovering maritime infrastructure assets in cases of voluntary return of assets

a) The agency entrusted with managing the asset prepares one set of documents for requesting recovery as stipulated in Clause 4 of this Article and sends it to the Ministry of Transport;

b) Within thirty days from the date of receipt of complete and valid documents, the Minister of Transport examines and decides according to his authority or issues a document (including a copy of the documents stipulated in Clause 4 of this Article) reporting to the agency or person authorized to examine and decide on recovery of assets as stipulated in Clause 2 of this Article;

c) The recovery decision includes the main contents: the agency entrusted with managing the asset has the asset to recover; the agency entrusted with implementing the recovery decision; list of assets to be recovered (name of asset, quantity, original cost, remaining value); reasons for recovery; responsibility for organizing implementation;

d) After receiving the recovery decision from the authorized agency or person, the agency entrusted with implementing the recovery decision organizes the acceptance of the asset; formulates a plan for handling recovered assets as stipulated in Clause 3 of this Article; organizes the implementation of asset handling according to the plan approved by the authorized agency or person; organizes the preservation and protection of the asset during the waiting period for handling.

6. Procedure and formalities for recovering maritime infrastructure assets in cases not within the scope stipulated in Clauses 5 and 7 of this Article:

a) Based on the proposal of agencies with inspection, audit, administrative penalty functions, and other state management agencies, the Minister of Transport examines and decides according to his authority or issues a report to the agency or person authorized to examine and decide on recovery of assets as stipulated in Clause 2 of this Article;

b) Main contents of the recovery decision and responsibilities of the agencies entrusted with managing the asset and the agency entrusted with implementing the recovery decision as stipulated in points c and d of Clause 5 of this Article.

7. In cases where maritime infrastructure assets are recovered together with land in accordance with land laws, before making a decision to recover land associated with maritime infrastructure assets, the authorized agency or person to recover land in accordance with the law must send a document seeking opinions from the Ministry of Finance. The Ministry of Finance takes the lead and coordinates with relevant agencies to provide opinions on the land recovery plan associated with maritime infrastructure.

The document seeking opinions must clearly state the reasons for land recovery, area of land to be recovered, the appropriateness of the land recovery plan with the approved land use plan and other necessary contents.

Article 22. Transfer of Maritime Infrastructure Assets

1. Maritime infrastructure assets may be transferred in the following cases:

a) When there is a change in the managing agency, management classification, or asset classification;

b) The asset has been transferred but is no longer needed or its exploitation is ineffective;

c) Other cases as prescribed.

2. Authority to decide:

a) The Prime Minister decides to transfer maritime infrastructure assets from the agency entrusted with managing the asset under the Ministry of Transport to a business entity through state capital investment in the business entity, involving maritime infrastructure assets related to national defense and security based on the proposal of the Minister of Transport, the Minister of Finance, and relevant agencies;

b) The Minister of Finance decides to transfer maritime infrastructure assets not within the scope specified in point a of this clause between the Ministry of Transport and central ministries, agencies, or localities;

c) The Minister of Transport decides to transfer maritime infrastructure assets not within the scope specified in point a of this clause among agencies or units under their management.

3. Documents for requesting transfer of maritime infrastructure assets include:

a) Request for asset transfer issued by the agency entrusted with managing the asset: one original copy;

b) Request for acceptance of the asset issued by the agency or business entity: one original copy;

c) A list of assets proposed for reallocation according to Model No. 06 prescribed in the Appendix accompanying this Decree (specifying the current purpose of use and the intended purpose of use after reallocation in cases where reallocation is associated with a change in the function of use of the asset): 01 original copy;

d) Documents related to the change in the function of use of the asset (in cases where reallocation is associated with a change in the function of use of the asset): 01 copy;

đ) Other relevant documents (if any): 01 copy.

4. Procedures and formalities for reallocating maritime infrastructure assets

a) When there is a need to reallocate maritime infrastructure assets, the agency entrusted with managing the assets shall prepare 01 set of documents proposing the reallocation of assets as stipulated in Clause 3 of this Article and report to the Ministry of Transport;

b) Within 30 days from the date of receipt of complete and valid documents, the Minister of Transport shall examine and decide on the reallocation of assets within their authority or issue a response letter in cases where the proposal for reallocation of assets is not appropriate; send for comments from relevant agencies to submit to the agency or person with authority as stipulated at points a and b of Clause 2 of this Article for examination and decision-making or issue a response letter in cases where the proposal for reallocation of assets is not appropriate;

c) The decision on the reallocation of assets shall include the following main contents: The agency entrusted with managing the assets has assets for reallocation; the agency or enterprise receiving the reallocated assets; the list of assets proposed for reallocation (name of asset, quantity, original cost, remaining value); reasons for reallocation; responsibility for organizing implementation;

d) Within 30 days from the date of the decision on the reallocation of maritime infrastructure assets by the agency or person with authority, the agency with assets for reallocation and the agency or enterprise receiving the assets shall be responsible for: Organizing the handover and acceptance of assets according to Model No. 01 prescribed in the Appendix accompanying this Decree; implementing accounting reductions and increases in assets according to the current accounting regulations; registering ownership and use rights of assets according to the provisions of the law (if applicable); reporting on the declaration of changes in assets according to the provisions of Article 28 of this Decree;

đ) Reasonable costs directly related to the handover and acceptance of assets shall be paid by the entity accepting the assets in accordance with the regulations;

e) No payment of the value of the asset shall be made when reallocating the asset.

Article 23. Sale of Maritime Infrastructure Assets

1. The sale of maritime infrastructure assets shall be applied in the following cases:

a) Assets that are reclaimed according to the provisions of Article 21 of this Decree but are no longer needed;

b) Assets that have been entrusted for management but are no longer needed and the exploitation is ineffective;

c) Changing the purpose of land use associated with changing the function of use of maritime infrastructure assets according to the planning approved by the agency or person with authority;

d) Other cases as prescribed by law.

2. Authority to decide on the sale of maritime infrastructure assets

a) The Prime Minister decides on the sale of maritime infrastructure assets related to national defense and security, assets formed from projects decided to invest by the Prime Minister according to the provisions of the proposal of the Minister of Transport, opinions of the Ministry of Finance and relevant agencies;

b) The Minister of Finance decides on the sale of maritime infrastructure assets attached to land and water bodies not falling under the scope specified in point a of this clause according to the proposal of the Minister of Transport, opinions of relevant agencies;

c) The Minister of Transport decides on the sale of maritime infrastructure assets not falling under the scope specified in points a and b of this clause.

3. The sale of maritime infrastructure assets shall be carried out in accordance with the provisions of the law on auctioning assets.

4. Documents proposing the sale of maritime infrastructure assets include:

a) A document proposing the sale of assets from the agency entrusted with managing the assets: 01 original copy;

b) A list of assets proposed for sale according to Model No. 06 prescribed in the Appendix accompanying this Decree (specifying the reason for sale and the current purpose of use): 01 original copy;

c) Opinions of the specialized agency on land use planning (in cases of selling assets attached to land and water bodies): 01 copy;

d) Other related documents (if any): 01 copy.

5. Procedures and formalities for selling maritime infrastructure assets

a) The agency entrusted with managing the assets shall prepare 01 set of documents proposing the sale of assets as stipulated in Clause 4 of this Article and report to the Ministry of Transport;

b) Within 30 days from the date of receipt of complete and valid documents, the Minister of Transport shall examine and decide on the sale of assets within their authority or issue a response letter in cases where the proposal for sale of assets is not appropriate; send for comments from relevant agencies to submit to the agency or person with authority as stipulated at points a and b of Clause 2 of this Article for examination and decision-making or issue a response letter in cases where the proposal for sale of assets is not appropriate;

c) The decision on the sale of assets shall include the following main contents: The agency entrusted with managing the assets has assets for sale; the list of assets being sold (name of asset, quantity, original cost, remaining value according to accounting records); method of selling assets; management and use of proceeds from the sale of assets; responsibilities and deadlines for organizing implementation;

d) Based on the decision on the sale of assets by the agency or person with authority, the agency entrusted with managing the assets shall organize the determination of the starting price, submit to the agency or person with authority for approval of the starting price, and organize the sale of assets according to the regulations;

đ) Within 90 days from the date of signing the Purchase and Sale Contract for assets, the buyer of the assets shall be responsible for paying the purchase price to the agency entrusted with managing the assets. The agency entrusted with managing the assets shall be responsible for depositing the money into a temporary holding account within 03 working days from the date of receipt of the sale proceeds.

In case the buyer has not paid or has not fully paid the purchase price for the asset according to the signed contract beyond the time limit specified herein, the buyer must pay the late payment amount as prescribed by the laws on tax administration. In this situation, the agency entrusted with managing the asset shall send a letter requesting along with a copy of the Asset Purchase Contract and proof of payment from the buyer to the Tax Department (where the asset is located) to determine and issue a Notice on the late payment amount as prescribed by the laws on tax administration.

The specific deadline for payment and the regulations regarding late payment must be clearly stated in the Auction Sale Regulation and the Asset Purchase Contract.

e) The agency entrusted with managing the asset is responsible for issuing an invoice for the sale of state assets to the buyer in accordance with the laws on management and use of state assets. The transfer of assets to the buyer shall be carried out at the location where the asset is situated after the buyer has completed the payment.

g) Within thirty days from the date of completion of the auction sale of the asset, the agency entrusted with managing the asset shall carry out accounting to reduce the asset and report on the change in asset status as prescribed in Article 28 of this Decree.

Article 24. Liquidation of Maritime Infrastructure Assets

1. Maritime infrastructure assets may be liquidated in the following cases:

a) The asset is damaged and cannot be used or repair is ineffective;

b) Demolishing old maritime infrastructure assets to construct new maritime infrastructure assets according to a project approved by the competent authority;

c) The competent state agency adjusts the planning scheme, making part or all of the maritime infrastructure assets unusable for their intended purpose;

d) Other cases as prescribed by law.

2. The Minister of Transport shall decide or delegate the authority to decide on the liquidation of maritime infrastructure assets.

3. Maritime infrastructure assets shall be liquidated through demolition or cancellation. Materials and supplies recovered shall be handled as follows:

a) Transfer to the agency managing the liquidated asset for use in maintenance work for usable assets: The Minister of Transport decides to transfer recovered materials and supplies for use; in this case, the value of the materials and supplies will be deducted from the budget estimate and Maintenance Contract;

b) Transfer to organizations and units for management and use. The Minister of Transport decides to transfer to units under its jurisdiction; the Minister of Finance decides to transfer to organizations and units outside the Ministry of Transport upon the request of the Ministry of Transport, relevant ministries, central agencies, and provincial People's Committees;

c) Sell materials and supplies that are not needed.

4. Documents for requesting the liquidation of maritime infrastructure assets include:

a) A request for the liquidation of maritime infrastructure assets from the agency entrusted with managing the asset: One original copy;

b) A list of assets proposed for liquidation according to Model No. 06 stipulated in the Appendix issued together with this Decree (specifying the reasons for liquidation): One original copy;

c) Other related documents (if any): One copy.

5. Procedures and formalities for the liquidation of maritime infrastructure assets:

a) The agency entrusted with managing the asset shall prepare one set of documents for requesting the liquidation of assets as stipulated in Clause 4 of this Article and report to the agency or person authorized as stipulated in Clause 2 of this Article;

b) Within thirty days from the date of receiving complete valid documents, the agency or person authorized as stipulated in Clause 2 of this Article shall examine and decide on the liquidation of the asset or respond in writing if the proposal to sell the asset is inappropriate. If the recovered materials and supplies from the liquidation of the asset are handled by transferring them to organizations and units outside the Ministry of Transport, the Ministry of Transport shall submit a request to the Ministry of Finance for examination and decision within its authority;

c) The decision on the liquidation of the asset shall include the following main contents: The agency entrusted with managing the asset has assets to be liquidated; the list of assets to be liquidated (name of asset, quantity, original cost, remaining value, reason for liquidation); method of liquidation; method of handling recovered materials and supplies; management and use of proceeds from the liquidation; responsibility for organizing implementation;

d) Based on the decision on the liquidation of the asset by the agency or person authorized, the agency entrusted with managing the asset shall organize the demolition and cancellation of the asset and handle recovered materials and supplies in accordance with the regulations. The sale of recovered materials and supplies shall be carried out in accordance with Article 31 of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing some provisions of the Law on Management and Use of State Assets;

đ) After completing the liquidation of the asset, the agency entrusted with managing the asset shall carry out accounting to reduce the asset and report on the change in asset status as prescribed in Article 28 of this Decree and relevant laws.

Article 25. Handling maritime infrastructure assets in cases of loss or destruction

1. Maritime infrastructure assets are lost or destroyed due to natural disasters, fire, or other causes.

2. The Minister of Transport decides or delegates authority to decide on handling maritime infrastructure assets as provided for in Clause 1 of this Article.

3. Documents for handling maritime infrastructure assets in cases of loss or destruction include:

a) A request for asset handling in cases of loss or destruction: 01 original copy;

b) An inventory report confirming the loss or destruction of assets: 01 original copy;

c) A list of lost or destroyed assets according to Model No. 06 stipulated in the Appendix issued together with this Decree: 01 original copy;

d) Supporting documents proving the loss or destruction of assets (if available): 01 copy.

4. Procedures and formalities for handling maritime infrastructure assets in cases of loss or destruction:

a) Within thirty days from the date of discovery of the loss or destruction of assets, the agency responsible for managing the assets shall prepare 01 set of documents as specified in Clause 3 of this Article and report to the competent authority for consideration and decision;

b) Within thirty days from the date of receipt of complete and valid documents, the competent authority as specified in Clause 2 of this Article shall decide on the handling of maritime infrastructure assets in cases of loss or destruction;

c) The decision on handling assets in cases of loss or destruction shall include the following main contents: The agency responsible for managing the assets has lost or destroyed assets; a list of lost or destroyed assets recorded as reduced assets (name of asset, quantity, original cost, remaining value according to accounting records); reasons (causes) for the loss or destruction of assets; responsibility for implementation.

5. Within thirty days from the date of the decision on handling by the competent authority, the agency responsible for managing the assets shall carry out accounting reduction of assets in accordance with the provisions of the law on accounting; report changes in assets in accordance with Article 28 of this Decree.

6. The state budget ensures funding for the repair of maritime infrastructure assets to ensure safe and smooth maritime operations.

In cases where maritime infrastructure assets are lost or destroyed and compensated by insurance companies or related organizations or individuals, the management of compensation funds for assets in accordance with Clause 1 of Article 27 of this Decree, after deducting related costs (if any), shall be paid into the state budget as prescribed and prioritized for allocation in the public investment plan and state budget expenditure estimate to invest in building replacement assets in accordance with the laws on the state budget, laws on public investment, and relevant laws.

Article 26. Management and use of maritime infrastructure assets invested under the public-private partnership model

1. Investment construction, management, and operation of maritime infrastructure assets under the public-private partnership model and the transfer of assets formed through the implementation of projects under the public-private partnership model to the State shall be carried out in accordance with Articles 95 and 96 of the Law on Management and Use of Public Assets.

2. The use of maritime infrastructure assets to settle debts for investors when implementing construction projects under the build-transfer contract model shall be carried out in accordance with the Government's regulations on using public assets to settle debts for investors when implementing construction projects under the build-transfer contract model.

3. The use of maritime infrastructure assets to participate in public-private partnership investment projects, except for the form specified in Clause 2 of this Article, is regulated as follows:

a) The Prime Minister decides to use existing maritime infrastructure assets to participate in public-private partnership investment projects based on the proposal of the Minister of Transport, opinions of the Ministry of Finance, and relevant agencies.

The Prime Minister's Decision on the use of existing assets to participate in public-private partnership investment projects serves as the basis for deciding or submitting to the competent authority to decide on the investment policy in accordance with the laws on investment and laws on public investment;

b) Based on the Prime Minister's Decision on the use of existing assets to participate in public-private partnership investment projects, the public-private partnership investment project shall be approved by the competent authority and the contract signed, and the agency responsible for managing the assets shall hand over the assets to the investor to implement the project. The handover shall be documented in a Record according to Model No. 01 stipulated in the Appendix issued together with this Decree.

Article 27. Management and Use of Proceeds from the Disposal of Maritime Infrastructure Assets

1. The entire proceeds from the disposal of maritime infrastructure assets shall be deposited into a temporary account at the State Treasury by the following agency as the account holder:

a) The agency assigned to perform the management task of state assets as stipulated in Clause 1, Article 19 of the Law on Management and Use of State Assets for state assets decided to be disposed of by the Prime Minister or the Minister of Finance.

b) The Department of Finance (where the asset management agency has its headquarters) for assets decided to be disposed of by the Minister of Transport.

2. The temporary account shall be monitored in detail for each agency with assets subject to disposal.

3. The agency assigned to manage maritime infrastructure assets shall be responsible for preparing a budget estimate for related expenses concerning the disposal of assets and submit it to the Ministry of Transport for approval. Expenses related to the disposal of maritime infrastructure assets include:

a) Inventory and surveying costs;

b) Relocation, demolition, and dismantling costs;

c) Valuation and appraisal costs;

d) Organizational sale costs;

đ) Other reasonable costs related to the disposal.

4. The basis for preparing the budget estimate of expenses as provided for in Clause 3 of this Article:

a) For expenditure items that have standards, norms, and regulations set by competent state agencies, they shall be implemented according to the standards, norms, and regulations established by those agencies;

b) For service rental expenses related to asset disposal, they shall be carried out according to the Contract signed between the agency managing the assets and the service provider. The selection of service providers related to asset disposal shall be conducted in accordance with the provisions of the law;

c) For expenditure items outside the scope specified in points a and b of this clause, the head of the agency assigned the task of selling or liquidating assets shall decide on the amount of expenditure, ensuring compliance with the current financial management system of the state and bear responsibility for their decision.

5. Within thirty days from the completion of the asset disposal process, the agency assigned to manage the assets shall be responsible for preparing one set of payment request documents to send to the temporary account holder for payment. The head of the state agency shall be legally responsible for the accuracy of the payment request amount. The documents include:

a) A payment request document from the agency managing the assets (specifying the proceeds from the asset disposal, total disposal expenses, information about the receiving account for payment), accompanied by a detailed list of expenditures: one original copy;

b) Decision on asset disposal issued by the agency or authorized person: one copy;

c) Documents and papers proving the expenditures such as: approved budget estimates; Contracts for valuation service, auction, demolition; invoices, receipts (if any): one copy.

6. Within thirty days from the date of receipt of complete and valid documents, the temporary account holder shall be responsible for disbursing funds to the agency tasked with organizing sales and liquidation to cover expenses related to the disposal of maritime infrastructure assets.

7. Quarterly, the temporary account holder shall remit the remaining proceeds from completed asset disposal revenues, after deducting related expenses, into the state budget in accordance with the laws on the state budget.

8. In cases where the proceeds from the sale or liquidation of assets are insufficient to cover the expenses, the shortfall shall be covered from the state budget allocation assigned to the agency managing the assets.

 

Chapter 6

REPORTING REGIME AND DATABASE

ON MARITIME INFRASTRUCTURE ASSETS

 

Article 28. Reporting on Maritime Infrastructure Assets

1. Maritime infrastructure assets must be declared and reported, and updated into the database on maritime infrastructure assets for unified management.

2. Forms of declaration and reporting on maritime infrastructure assets:

a) Initial declaration and report for assets under management at the time this Decree takes effect;

b) Supplementary declaration and report for new assets arising or for changes in information about the managing authority or asset information after this Decree takes effect.

3. The agency entrusted with managing the assets shall prepare the declaration and report on assets according to Form No. 02 prescribed in the Appendix attached to this Decree, submit it to the Ministry of Transport for confirmation to enter data into the database on maritime infrastructure assets. The deadline for submitting the declaration and report is 30 days from the date of receiving the asset according to the decision on entrusting management of the asset by the competent authority or when there is a change in information about the managing authority or the declared asset.

4. Report on the management, use, and exploitation of maritime infrastructure assets: Annually, the agency entrusted with managing the assets shall prepare a report on the management, use, and exploitation of maritime infrastructure assets of the previous year and submit an ad hoc report upon request of the competent state authority.

5. Forms of reports on the management, use, and exploitation of assets:

a) Report on asset management according to Form No. 03 prescribed in the Appendix attached to this Decree;

b) Report on asset disposal according to Form No. 04 prescribed in the Appendix attached to this Decree;

c) Report on asset exploitation according to Form No. 05 prescribed in the Appendix attached to this Decree.

6. Deadlines for submitting annual reports on the management and use of maritime infrastructure assets are as follows:

a) The agency entrusted with managing the assets shall prepare and submit the report to the Ministry of Transport before February 28;

b) The Ministry of Transport shall compile the situation of management and use of maritime infrastructure assets and submit it to the Ministry of Finance before March 15;

c) The Ministry of Finance shall compile the situation of management and use of maritime infrastructure assets nationwide to report to the Government and the National Assembly as required and implement public disclosure of national assets.

Article 29. Database on Maritime Infrastructure Assets

1. The database on maritime infrastructure assets is a part of the national database on public assets, built and managed uniformly throughout the country; information in the database on maritime infrastructure assets has legal value equivalent to paper records.

2. The Ministry of Transport shall take the lead and coordinate with the Ministry of Finance and relevant agencies to build and manage the database on maritime infrastructure assets ensuring the following requirements:

a) Compliance with the framework architecture of Vietnam's e-Government, meeting national database technical standards, information technology standards, security, and safety standards, and economic and technical norms;

b) Ensuring compatibility, integration capability, and connectivity with the national database on public assets; sharing information and expanding data fields in system design and application software.

3. The Ministry of Transport shall direct the agency entrusted with managing the assets to declare and report, and enter data into the database on maritime infrastructure assets as prescribed.

 

Chapter III

IMPLEMENTATION

 

Article 30. Responsibility for Implementation

1. Responsibilities of the Ministry of Transport

a) Take the lead in formulating and promulgating regulations on maintenance of maritime infrastructure assets;

b) Direct and guide the preparation of a list of maritime infrastructure assets for accounting, depreciation calculation, reporting, and building the asset database;

c) Take the lead and coordinate with the Ministry of Finance to build a national database on maritime infrastructure assets to integrate into the national database on public assets; report on the management, use, and exploitation of maritime infrastructure assets in accordance with laws on the management and use of public assets and the requirements of the competent authority;

d) Coordinate with the Ministry of Finance to guide the determination of the initial price for auctioning the right to exploit maritime infrastructure assets through leasing or transferring the right to exploit assets for a limited period;

đ) Perform other tasks and powers as stipulated in this Decree.

2. Responsibilities of the Ministry of Finance:

a) Prescribe accounting regulations for maritime infrastructure assets;

b) Prescribe management regulations and depreciation calculation for maritime infrastructure assets;

c) Guide the determination of the initial price for auctioning the right to exploit maritime infrastructure assets through leasing or transferring the right to exploit assets for a limited period;

d) Take the lead and coordinate with the Ministry of Transport to guide the integration of the maritime infrastructure asset database into the national database on public assets;

đ) Perform other tasks and powers as stipulated in this Decree.

3. Ministries, central agencies, and provincial People's Committees directly under the Central Government have the responsibility to cooperate with the Ministry of Transport and the Ministry of Finance in managing, using, and exploiting maritime infrastructure assets in accordance with this Decree.

Article 31. Transitional Provisions

1. Within twelve months from the date this Decree takes effect, the Ministry of Transport shall direct the agency entrusted with managing the assets as stipulated in Clause 2, Article 2 of this Decree to cooperate with relevant agencies and organizations to complete the review, classification, and determination of the value of existing assets for the purpose of managing, using, and exploiting maritime infrastructure assets in accordance with this Decree.

During the period of conducting reviews, classifications, preparing, and approving plans for managing maritime infrastructure assets, the Ministry of Transport shall direct relevant agencies and organizations to manage and use assets in accordance with laws on state property, specialized maritime laws, and related laws, ensuring smooth and safe maritime operations.

2. For exploitation contracts of maritime infrastructure assets that have been signed by competent authorities in accordance with the law before the effective date of this Decree, such contracts shall continue to be implemented according to their terms until their expiration. Any amendments or supplements to such contracts made after the effective date of this Decree must comply with the provisions of this Decree.

3. For maritime infrastructure assets that have been decided to be disposed of by competent authorities before the effective date of this Decree, the implementation shall continue based on the signed documents; any uncompleted tasks up to the effective date of this Decree and the management and utilization of funds obtained from asset disposal shall be carried out in accordance with the provisions of this Decree.

4. In cases where new maritime infrastructure assets funded by the State budget are managed by ministries (excluding the Ministry of Transport), central agencies, or localities, such ministries, central agencies, or provincial People's Committees shall report to the Ministry of Finance to coordinate with the Ministry of Transport to report to the Prime Minister for mechanisms for managing and utilizing assets in compliance with the provisions of this Decree.

Article 32. Effectiveness

1. This Decree takes effect from March 12, 2018.

2. The contents specified in Item 5 of Decree No. 58/2017/NĐ-CP dated May 10, 2017, of the Government detailing certain provisions of the Vietnam Maritime Code regarding the management of maritime activities will cease to be effective from the date this Decree takes effect.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and Heads of relevant agencies are responsible for implementing this Decree./.