4 methods of exploiting infrastructure assets

(Chinhphu.vn) - In Decree No. 178/2026/ND-CP, the Government provides detailed regulations on the methods and sources of revenue from the exploitation of infrastructure assets and the forms of handling these assets.

4 methods of exploiting infrastructure assets.

The Government issued Decree No. 178/2026/ND-CP dated May 20, 2026, regulating the management, use, and exploitation of infrastructure assets invested and managed by the State.

This Decree comprises 4 chapters and 49 articles regulating the management, use, and exploitation of infrastructure assets invested and managed by the State as stipulated in Clause 2, Article 4 of the Law on Management and Use of Public Assets 2017, amended and supplemented by Point a, Clause 12, Article 8 of Law No. 90/2025/QH15, including: Infrastructure assets of industrial clusters, industrial parks, economic zones, export processing zones, high-tech zones, high-tech agricultural zones, commercial infrastructure, information and communication infrastructure, digital technology industrial infrastructure (including concentrated digital technology zones); cultural infrastructure assets, sports infrastructure, tourism infrastructure; urban infrastructure assets; environmental protection technical infrastructure assets; dike infrastructure assets; fishing port infrastructure assets, mooring areas, storm shelter areas, and other infrastructure assets as prescribed by law.

Based on the state management functions in the field of infrastructure corresponding to the aforementioned infrastructure assets, the specialized ministries shall regulate, publish, and adjust the detailed list, including units of measurement and basic parameters, of each type of infrastructure asset under their state management.

Methods for exploiting infrastructure assets

Regarding the exploitation of infrastructure assets, the Decree stipulates the following four main exploitation methods:

a) The agency or unit directly managing the assets organizes the exploitation of infrastructure assets.

b) Transfer of the right to collect fees for the use of infrastructure assets.

c) Leasing the right to operate infrastructure assets.

d) Transfer of the right to exploit infrastructure assets for a limited period.

In cases where specialized laws on infrastructure stipulate other methods of exploitation (besides those specified in points a, b, c, and d above), the exploitation of infrastructure assets (including the management and use of revenue generated) shall be carried out in accordance with the provisions of those specialized laws on infrastructure.

In cases where the methods for exploiting infrastructure assets stipulated in points b, c, and d above are applied and a consultant must be hired to prepare an asset exploitation plan, the cost of hiring the consultant to prepare the plan shall be advanced from the regular operating budget of the agency or unit managing the assets and deducted from the revenue generated from asset exploitation. The selection of the consulting firm to prepare the asset exploitation plan shall comply with relevant laws.

Revenue from the exploitation of infrastructure assets

The decree also stipulates that revenue from the exploitation of infrastructure assets includes:

a) Fees and charges as prescribed by law on fees and charges.

b) Revenue from service fees for the use of infrastructure assets, other revenues related to the provision of services as prescribed by law, and other services specified in points b, c, and d of Clause 4 of this Article, and Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article 17 of this Decree.

c) Revenue from the transfer of the right to collect fees for the use of assets, the lease of the right to exploit assets, and the temporary transfer of the right to exploit infrastructure assets.

d) Other revenues (if any) as prescribed by law.

The Decree stipulates that during the management, use, and exploitation of infrastructure assets, in cases where a portion of the infrastructure asset is temporarily used to organize cultural and sports activities, parades, festivals, or other activities as prescribed by law, the provisions of specialized laws on infrastructure and other relevant laws shall apply; exploitation as stipulated in this Decree shall not be permitted.

In cases where agencies, organizations, and enterprises share technical infrastructure and telecommunications infrastructure to perform national defense, national security, and social order and safety tasks, the provisions of Resolution No. 66.10/2025/NQ-CP dated December 15, 2025, of the Government on the shared use of technical infrastructure and telecommunications infrastructure of agencies, organizations, and enterprises to perform national defense, national security, and social order and safety tasks shall apply; exploitation as stipulated in this Decree shall not be carried out.

In the case of constructing and installing telecommunications facilities and water supply and drainage facilities on infrastructure assets (except for cases specified in point b of this clause), the construction and installation of these facilities on infrastructure assets shall be carried out in accordance with the laws on telecommunications, construction, specialized laws on infrastructure, and other relevant laws, and shall not be exploited as stipulated in this Decree. The management and use of funds collected from permits for the construction and installation of telecommunications facilities and water supply and drainage facilities on infrastructure assets shall be carried out in accordance with the provisions of point b, clause 1, Article 22 of this Decree.

In cases where it is necessary to use a portion of infrastructure assets in combination with other assets to enhance the efficiency of exploitation of the combined assets (hereinafter referred to as mixed exploitation) at the request of other ministries, sectors, or localities (the party proposing mixed exploitation), the Minister, Head of the central agency, or Chairman of the People's Committee of the provincial level (the party owning the infrastructure assets) shall decide on the mixed exploitation, ensuring compliance with the provisions of specialized laws on infrastructure and other laws related to those assets.

During the mixed exploitation period, the asset management agency or unit is responsible for managing and accounting for infrastructure assets. The owner of the infrastructure assets and the party proposing the mixed exploitation are responsible for coordinating to ensure the normal operation of the infrastructure assets, fulfilling other requirements as prescribed by law, and specifically defining the responsibilities of the relevant parties (including the responsibility for maintaining the infrastructure assets). The management and use of the proceeds from the mixed exploitation by the owner of the infrastructure assets shall be carried out in accordance with the provisions of point b, clause 1, Article 22 of this Decree.

In the case of franchising for the business and management of infrastructure assets under a Business-Management (O&M) contract as prescribed by law, during the contract period, the franchising for the business and management of infrastructure assets shall be carried out in accordance with the law on investment under the public-private partnership method; exploitation as stipulated in this Decree shall not be implemented.

Methods for handling infrastructure assets

In addition, the Decree stipulates 9 forms of handling infrastructure assets when there are changes in planning, usage needs, damage, etc., including:

1. Withdraw.

2. Transfer.

3. Transfer assets to local authorities for management and disposal.

4. For Sale.

5. Using infrastructure assets to pay investors when implementing construction investment projects under the build-transfer contract form.

The use of infrastructure assets to pay investors when implementing construction investment projects under the build-transfer contract form is carried out in accordance with the law on investment in the public-private partnership method.

6. Liquidation of assets.

7. Handling of assets in case of loss or destruction.

8. Handling assets in cases where the competent authority or person decides to transfer the assets to the enterprise for management.

9. Other forms of disciplinary action as prescribed by law.

Transitional provisions

The Decree states: Ministries, central agencies, and provincial People's Committees shall direct the review, inventory, classification, and allocation of infrastructure assets in accordance with the provisions of this Decree within 2 years from the effective date of this Decree, for existing infrastructure assets at the time this Decree takes effect.

For infrastructure asset exploitation contracts that were signed by competent authorities in accordance with the law before the effective date of this Decree, they shall continue to be implemented according to the regulations until the end of the contract term.

For infrastructure assets that have been decided upon by competent authorities or individuals in accordance with the law before the effective date of this Decree, the decision of the competent authority or individual shall continue to be implemented; any work not yet completed by the effective date of this Decree and the management and use of funds obtained from the disposal of assets shall be carried out in accordance with the provisions of this Decree.

This Decree shall take effect from July 6, 2026./.

Source: https://vpcp.chinhphu.vn/4-phuong-thuc-khai-thac-tai-san-ket-cau-ha-tang-102260522115000449.htm