Proposing new regulations on management, use and exploitation of infrastructure assets

(Chinhphu.vn) - The Ministry of Finance is drafting a Decree regulating the management, use and exploitation of infrastructure assets invested and managed by the State.

The Ministry of Finance proposes new regulations on management, use and exploitation of infrastructure assets invested and managed by the State.

Infrastructure assets (TSKCHT) are infrastructure assets serving national interests and public interests, including technical infrastructure works, social infrastructure works and land, water and sea areas associated with infrastructure works, including: transport infrastructure, power supply infrastructure, irrigation infrastructure and climate change response, urban infrastructure, industrial cluster infrastructure, industrial parks, economic zones, high-tech zones, concentrated digital technology zones, commercial infrastructure, information infrastructure, education and training infrastructure, science and technology infrastructure, medical infrastructure, cultural infrastructure, sports infrastructure, tourism infrastructure and other infrastructure as prescribed by law.

The Ministry of Finance said that the development of the Government Decree regulating the management, use and exploitation of infrastructure assets aims to complete the legal basis to resolve problems arising in the process of assigning, managing, using and exploiting infrastructure assets, ensuring that all infrastructure assets identify the entity responsible to the State in managing, accounting for assets, handling and exploiting assets to strengthen the management of infrastructure assets invested and managed by the State.

This Decree provides for the management, use and exploitation of infrastructure assets invested and managed by the State as prescribed in Clause 2, Article 4 of the Law on Management and Use of Public Assets 2017, as amended and supplemented by Law No. 90/2025/QH15 dated June 25, 2025, amending and supplementing a number of articles of the Law on Bidding, the Law on Investment under the Public-Private Partnership method, the Customs Law, the Law on Value Added Tax, the Law on Export Tax and Import Tax, the Investment Law, the Law on Public Investment, and the Law on Management and Use of Public Assets.

The principles of management, use and exploitation of infrastructure assets (Article 4) are implemented according to the provisions of the Law on Management and Use of Public Assets and the principles as in the Decrees on infrastructure assets that have been issued. In addition, the draft proposes to add a provision that in cases where specialized laws have different provisions on the authority, procedures for assigning management, handling and exploitation of infrastructure assets (including the management and use of the proceeds from handling and exploiting assets) compared to the provisions of this Decree, the provisions of specialized laws shall apply.

Infrastructure assets are assigned to the asset management agencies and units specified in Point a and Point b, Clause 2, Article 7 of this Decree as follows:

1- Asset management agencies and central asset management units are assigned to manage centrally managed infrastructure assets.

2- Local asset management agencies and units (including: provincial-level asset management agencies and units; commune-level asset management agencies and units) are assigned to manage infrastructure assets under local management.

The draft clearly states that the transfer of infrastructure assets to the above-mentioned agencies and units is carried out in the form of recording an increase in assets.

The management, use and exploitation of infrastructure assets assigned according to the above provisions shall be carried out in accordance with the provisions of this Decree, specialized laws and relevant laws.

In case the central asset management agency decentralizes or authorizes or assigns to subordinate administrative organizations (for assets under central management), the provincial infrastructure management agency decentralizes or authorizes or assigns to subordinate public service units (for assets under the management of the provincial infrastructure management agency) to perform accounting, record management, record storage, maintenance, declaration, information entry into the Database on infrastructure assets and other contents (if any), it must be approved in writing by the Ministry, central agency (for assets under central management), the Provincial People's Committee (for assets under local management) and must have a document from the asset management agency clearly stating the content of decentralization or authorization or assignment and internal procedures to ensure full implementation of tasks, powers and responsibilities as prescribed in this Decree.

The assignment of infrastructure assets invested and managed by the State to asset management agencies and units shall be applied to existing infrastructure assets at the time this Decree takes effect but there is no document assigning them to management agencies and units.

For infrastructure assets that are assets with established public ownership and are handled in the form of assignment or transfer to management agencies or units, the authority and procedures for assignment or transfer of assets shall be implemented in accordance with the provisions of law on management and handling of assets with established public ownership; it is not necessary to re-perform the procedures for assignment of assets as prescribed in this Decree.

For infrastructure assets as a result of project implementation using state capital:

In case the investment project approved by a competent authority or person identifies the beneficiary of assets as the result of the project implementation process and the beneficiary is the asset management agency or unit, after completing the investment, construction and procurement, the investor, project owner, and project management board shall be responsible for handing over the assets to the beneficiary (asset management agency or unit); it is not necessary to re-perform the asset handover procedures as prescribed in this Decree.

In case the investment project approved by a competent authority or person identifies the beneficiary of assets as a result of the project implementation process but the beneficiary is not the asset management agency or unit, the case shall be handled as follows:

If the beneficiary is a state agency, public service unit, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, after the beneficiary receives the property, the property will be transferred from the beneficiary to the Ministry, central agency, or provincial People's Committee to hand over the property to the property management agency; the transfer is carried out according to the provisions in (*) below.

If the beneficiary of the assets resulting from the project implementation is not a state agency, public service unit, agency of the Communist Party of Vietnam, the Vietnam Fatherland Front or a socio-political organization, the beneficiary shall manage, use and exploit the assets in accordance with the provisions of specialized laws and other relevant laws. In case there is a need to transfer assets to the asset management agency, the provisions in (*) below shall apply.

In case the investment project approved by the competent authority or person does not identify the beneficiary of the assets resulting from the project implementation process, the authority, order and procedures for handing over or transferring infrastructure assets to the agency or unit shall be implemented in accordance with the regulations on handling assets of projects using state capital in the law on management and use of public assets; it is not necessary to re-perform the asset handover procedures as prescribed in this Decree.

According to the draft, for infrastructure assets managed by entities other than asset management agencies or units, if the managing entity needs to transfer the assets to a Ministry, central agency or provincial People's Committee to hand over the assets to the asset management agency or unit, the authority, order and procedures for transferring assets shall be implemented in accordance with the provisions of specialized laws and relevant laws; it is not necessary to re-implement the asset transfer procedures as prescribed in this Decree. In cases where specialized laws and relevant laws do not have provisions on the authority, order and procedures for transferring assets, the authority, order and procedures for transferring assets prescribed in this Decree shall be applied to decide and implement the transfer of assets. (*)

In case specialized laws provide for the assignment of infrastructure assets to other entities (other than those specified in Points a, b and c, Clause 1, Article 2 of this Decree), the assignment, management, use and exploitation of assets shall be subject to the provisions of specialized laws and other relevant laws. In case specialized laws do not provide or provide incomplete provisions on the assignment, management, use and exploitation of assets, the provisions of this Decree shall apply.

Please read the full draft and give your comments here.

Wisdom

Source: https://baochinhphu.vn/de-xuat-quy-dinh-moi-ve-quan-ly-su-dung-khai-thac-tai-san-ket-cau-ha-tang-102250716150421676.htm