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Decree no.43/2018/ND-CP on management, use and operation of maritime infrastructure

(Số lần đọc 153)

DECREE

ON MANAGEMENT, USE AND OPERATION OF MARITIME INFRASTRUCTURE

THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 43/2018/ND-CP

Hanoi, March 12, 2018

 

DECREE

ON MANAGEMENT, USE AND OPERATION OF MARITIME INFRASTRUCTURE

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

Pursuant to Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to Maritime Code dated November 25, 2015;

At the request of the Minister of Finance;

The Government promulgates a Decree on management, use and operation of maritime infrastructure.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree sets forth management, use and operation of maritime infrastructure invested and managed by the state.

2. The management, use and operation of maritime infrastructure invested by organizations or individuals are not governed by this Decree.

Article 2. Regulated entities

1. Maritime authorities.

2. Authorities designated to manage maritime infrastructure (hereinafter referred to as infrastructure supervisors).

3. Agencies and enterprises designated to use and operate marine infrastructure (hereinafter referred to as infrastructure operators).

4. Other entities related to management, use and operation of maritime infrastructure.

Article 3. Rules for management, use and operation of maritime infrastructure

1. Every maritime infrastructure is handed over to eligible supervisors or operators as per the law.

2. State management of maritime infrastructure shall be consistent and present clear decentralization, responsibilities of each regulatory body and responsibilities for cooperation between regulatory bodies; and separation between roles of regulatory bodies and business lines of enterprises.

3. The maritime infrastructure shall be operated in conformity with market mechanism and in an effective manner; the state encourages private sector involvement to mobilize social resources to maintain, develop and operate the maritime infrastructure.

4. Physical maritime infrastructure and its value shall be reckoned up and accounted for adequately, those at high risks of facing natural disasters, conflagration and other force majeure events are eligible for risk management through insurance and other instruments as per the law.

5. The management, use and operation of maritime infrastructure must be undertaken transparently; under supervision, inspection and audit; every violation against property management and use shall be dealt with a timely and strict manner as per the law.

Chapter II

MANAGEMENT, USE AND OPERATION OF MARITIME INFRASTRUCTURE

Section 1: MANAGEMENT OF MARITIME INFRASTRUCTURE

Article 4: Maritime infrastructure

Maritime infrastructure (including land area and water area associated with the infrastructure), inclusive of:

1. Seaport infrastructure:

a) Port terminals (including waterfront of wharves), floating terminals;

b) Portage areas, anchorage, storm shelters in port waters;

c) Headquarters, facilities, warehouses, storage yards, buildings and other auxiliary facilities;

d) Traffic, communications, electricity and water system.

2. Maritime safety infrastructure:

a) Lighthouses and light stations connected to lighthouses;

b) Floating beacons and floating beacon stations operating;

c) Vessel Traffic Service (VTS);

d) Breakwaters, sand breaks, flow-redirecting revetment, bank-protecting revetments;

dd) Navigable channels.

3. Maritime telecommunications network infrastructure refers to assets, structures, and equipment in service of Vietnam coastal communication system.

4. Maritime infrastructure prescribed in Clause 1, Clause 2, Clause 3 of this Article in conjunction with national defense and security shall be determined according to law on protection of national importance works in conjunction with national defense and security.

Article 5. Handover of maritime infrastructure

1. Maritime infrastructure shall be handed over to infrastructure supervisors as follows:

a) Maritime infrastructure prescribed in Clause 1, Points c, d, and dd Clause 2 Article 4 of this Decree is handed over to infrastructure supervisors being maritime authorities affiliated to the Ministry of Transport;

b) Maritime infrastructure prescribed in Clause 3 Article 4 of this Decree is handed over to coastal communication providers affiliated to the Ministry of Transport in the form of investment of state capital in enterprises in accordance with law on management and use of state capital invested in enterprises;

c) Maritime safety infrastructure prescribed in Points a and b Clause 2 Article 4 of this Decree is handed over to maritime safety providers affiliated to the Ministry of Transport in the form of investment of state capital in enterprises in accordance with law on management and use of state capital invested in enterprises.

2. The power to hand over maritime infrastructure prescribed in Point a Clause 1 of this Article.

a) The Prime Minister shall consider handing over maritime infrastructure in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent agencies at the request of the Ministry of Transport and relevant agencies;

b) The Minister of Transport shall consider handing over maritime infrastructure not prescribed in Point a of this Clause to competent agencies.

3) Request for management of maritime infrastructure prescribed in Point a Clause 1 of this Article includes:

a) Request form of infrastructure supervisor: 1 original;

b) A record of infrastructure classification or dossier of infrastructural facilities being handed over and brought into operation: 1 original;

c) A list of infrastructural facilities to be handed over (description, quantity, state, input value, residual value): 1 original;

d) Other documents (if any): 1 copy.

4. Procedures for handing over maritime infrastructure prescribed in Point a Clause 1 of this Article:

a) Within 12 months from the effective date of this Decree (in case of existing maritime infrastructure) or 60 days from the date on which the maritime infrastructure is brought into operation (in case of newly built or procured maritime infrastructure), the Ministry of Transport shall direct infrastructure supervisors to cooperate with entities which are managing or using infrastructure in reviewing, classifying and valuing the facilities, and then send a plan on handing over maritime infrastructure prescribed in Clause 3 hereof to Ministry of Transport. Funding for review and classification of facilities shall be financed from the state budget as prescribed in law on state budget;

b) Within 30 days from the date on which a satisfactory application is received, the Minister of Transport shall consider handing over maritime infrastructure within its authority;

c) Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport shall send requests for consultation together with copies of the application provided in Clause 3 hereof to relevant agencies in terms of the plan in question within authority of Prime Minister;

Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport and relevant agencies shall give consultations within their competence in terms of the plan in question;

Within 30 days from the date on which all consultations are received, the Ministry of Transport shall send a report on the plan in question (together with copies of the application prescribed in Clause 3 hereof and consultations made by relevant agencies) to the Prime Minister for consideration.

d) A decision to hand over maritime infrastructure shall at least contain: Name of infrastructure supervisor; a list of facilities to be handed over (description, quantity, state, input value, and residual value); responsibilities for implementation;

dd) Within 30 days from the competent authority prescribed in Clause 2 of this Article issues a decision, the Ministry of Transport shall entrust maritime infrastructure as prescribed. The entrusting of facilities shall be recorded in writing, using form No. 01 prescribed in Appendix thereto.

Article 6. Management of maritime infrastructure counted as state capital portion of the enterprise

1. The maritime infrastructure counted as state capital portion of the enterprise shall be managed and operated in accordance with law on management and use of state capital invested in enterprises, special law on maritime and relevant law provisions.

2. The Ministry of Transport shall direct infrastructure supervisors to cooperate with maritime safety providers or coastal communication providers in revaluation of infrastructural facilities prescribed in Point a, Point b Clause 2, Clause 3 Article 4 of this Decree, and then request the competent authority/person to allocate or adjust capital to the enterprise in accordance with law on management and use of state capital invested in enterprises.

The revaluation of maritime infrastructure to determine its value counted as state capital portion of the enterprise shall done in accordance with law on management and use of state capital invested in enterprises, law on prices and relevant law provisions.

Section 2: DOSSIER OF MANAGEMENT OR ACCOUNTING OF MARITIME INFRASTRUCTURE

Article 7. Dossier of management of maritime infrastructure

1. Dossier of management of maritime infrastructure includes:

a) Documentation relevant to forming of and changes to maritime infrastructure as prescribed in this Decree and relevant law provisions;

b) Declarations and reports on management and operation of maritime infrastructure prescribed in Article 28 of this Decree;

c) Maritime infrastructure database prescribed in Article 29 of this Decree.

2. Infrastructure supervisors shall:

a) Prepare dossiers of infrastructural facilities within their scope of management;

b) Manage and maintain adequate dossiers of infrastructural facilities under their management and send required reports to the Ministry of Transport and competent authorities as prescribed in this Decree.

Article 8: Accounting of maritime infrastructure

1. Any maritime infrastructure which is structurally-independent or a system combining individual parts intended for performing one or certain functions is considered as subject matter to be recorded.

If a system is handed over to multiple supervisors, the subject matter to be recorded is a part of infrastructure delivered to each supervisor.

2. An infrastructure supervisor shall set up accounting books of maritime infrastructure to be handed over in accordance with law on accounting.

3. Input value and residual value of maritime infrastructure shall be determined according to the following rules:

a) In case of maritime infrastructure being operated before effective date of this Decree: If the maritime infrastructure’s input value and residual value are known, such value shall be recorded in accounting books; if the maritime infrastructure’s costs and residual value remain unknown, the conventional price based to determine its input value shall be recorded in accounting books; the conventional price shall determined by the Ministry of Transport;

b) In case of maritime infrastructure which is brought into operation from effective date of this Decree, its value determined in procurement or investment shall be recorded in accounting books as prescribed;

c) If the maritime infrastructure is newly built and brought into operation but the final accounts have not been approved by competent authority, the provisional input value shall be recorded in accounting books. The provisional input value, in this case, shall be chosen according to the order of precedence below: Proposed value in the final accounts; value stated in the taking-over A-B; estimated value of the approved project. When the final accounts are approved, the accounting authority shall adjust the above value in accordance with law on accounting;

d) If the maritime infrastructure, during the operation period, is upgraded or expanded according to a project approved by competent authority, an increase in value shall be recorded.

4. The Ministry of Finance shall take charge and cooperate with the Ministry of Transport in stipulating accounting regulations and calculation of depreciation of maritime infrastructure.

Section 3: MAINTENANCE OF MARITIME INFRASTRUCTURE

Article 9. Maintenance of maritime infrastructure

1. Maritime infrastructure must maintained in accordance with this Decree and relevant regulations and in compliance with prescribed procedures, plan and standards to keep it in good conditions for ordinary and safe operation.

2. Methods of maintenance of maritime infrastructure:

a) Performance-based maintenance:

Performance-based maintenance refers to maintenance carried out according to pre-determined quality standards, in a specific term with certain amount of money as specified in the contract.

The infrastructure supervisor shall determine the fixed price of maintenance for every facility under its management; and then submit it to competent authority for approval. The fixed price of maintenance shall be determined according to economic and technical norm approach or average cost approach in the last 3 consecutive years plus (+) inflation (if any) or a combination of above approaches.

The Ministry of Transport shall stipulate criteria for supervision and inspection of maintenance of maritime infrastructure according to the quality.

b) Quantity-based maintenance:

Quantity-based maintenance refers to maintenance and payments made according to workload which has been performed.

c) Maintenance and product exploitation shall be done in accordance with Article 11 of this Decree.

3. The Ministry of Transport shall decide or designate competent authorities to decide which maintenance approach is used as prescribed in Point a, Point b Clause 2 of this Article associated with maintenance of maritime infrastructure prescribed in this Decree, law on quality management and construction maintenance, and special law on maritime to ensure economical and effective factors.

4. The selection of a maritime infrastructure maintenance provider according to approaches prescribed in Clause 2 of this Article shall be done in accordance with law on bidding, special law on maritime and relevant law provisions.

In case of maintenance of maritime infrastructure prescribed in Points a, b and c Clause 5 of this Article, maintenance providers shall be selected in accordance with relevant regulations and laws.

5. Funding for maintenance of maritime infrastructure shall be allocated from state budget in accordance with law on state budget and other sources of funds as per the law; unless:

a) The maritime infrastructure has been counted as state capital portion of the enterprise;

b) The right to operate the maritime infrastructure has been leased to an operator which is obliged to carry out the maintenance as specified in the contract;

c) The right to operate the maritime infrastructure has been transferred, for a specific term, to the transferee which is obliged to carry out the maintenance as specified in the contract.

Article 10. State budgetary estimate of expenditures on maintenance of maritime infrastructure

1. Procedures for preparation and giving of annual budgetary estimates of expenditures on maintenance of maritime infrastructure shall be done in accordance with law on state budget:

a) According to technical standards, economic and technical norms, unit prices, workload to be performed and a maintenance plan that is approved by competent authority, the infrastructure supervisor shall prepare a budgetary estimate of expenditures on maintenance of maritime infrastructure (except for the case prescribed in Points a, b and c Clause 5 Article 9 of this Decree), and then submit it for the Ministry of Transport’s consideration in accordance with law on state budget;

b) On the basis of decision to give aforesaid estimate made by the competent authority, the Ministry of Transport shall give such estimate to the infrastructure supervisor;

c) The infrastructure supervisor shall initiate the state budgetary estimate of expenditures on maintenance of maritime infrastructure as per the law.

2. Procedures for preparation and giving of 3-year or 5-year estimates of expenditures on maintenance of maritime infrastructure shall be done in accordance with law on 3-year and 5-year financial plans.

Article 11. Maintenance and exploitation of product

1. Maintenance and exploitation of product means the state designates a maintenance provider to dredge and repair navigable channels in combination of exploitation of product to pay maintenance costs. This maintenance approach applies to the case of dredging and repairing navigable channels with presence of exploited products.

2. The maintenance and exploitation of product must be in form of a project which is executed in accordance with law on public investment and law on bidding.

3. Funding for maintenance of navigable channels and value of exploited products are determined as follows:

a) Funding for maintenance of navigable channels shall be determined and allocated in accordance with law on public investment, law on government budget and other relevant provisions;

b) The exploited products shall be valued according to their weight (reserves) and prices set by the People's Committee of province as per the law; excluding charges for granting mineral extraction right, taxes, fees and charges payable in accordance with law on taxes, fees and charges.

4. Funding for maintenance of navigable channels and value of exploited products prescribed in Clause 3 of this Article shall be adjusted in the event a competent authority:

a) Adjust scope and design of the navigable channels indicated in the plan approved by the competent authority;

b) Adjust weight (reserves) of exploited products as compared with those determined by competent authority.

5. Price of contract for maintenance and exploitation of product comprises difference between funding for maintenance of navigable channels and value of exploited products according to the contract and adjusted value prescribed in Clause 4 of this Article (if any). The price of contract for maintenance and exploitation of product shall be paid as follows:

a) If the funding for maintenance of navigable channels is less than the value of exploited products, the maintenance provider must pay the difference amount to the state budget;

b) If the funding for maintenance of navigable channels is greater than the value of exploited products, the state must pay the difference amount to the maintenance provider. The above-mentioned difference shall be financed from the funding for maintenance of maritime infrastructure of the realized year (if it is has been allocated) or included in plan and estimate of maintenance of maritime infrastructure in the subsequent year in accordance with law on state budget.

6. Matters prescribed in Clauses 3, 4 and 5 of this Article shall be stated in bidding documents, economic contract and Appendices of the contract between contracting parties (if any).

7. The power and procedures for maintenance in forms of dredging and repairing navigable channels and exploitation of product; criteria for supervision and inspection of navigable channels which are dredged and repaired and other relevant matters as prescribed by the Government on dredging management in seaport waters, inland waterways and relevant law provisions.

Section 4: OPERATION OF MARITIME INFRASTRUCTURE

Article 12. Operation methods and revenue sources from maritime infrastructure

1. The operation of maritime infrastructure shall be carried out according to following methods:

a) Designating the infrastructure supervisor to operate the maritime infrastructure directly;

b) Maritime infrastructure lease;

c) Maritime infrastructure concession for a specific term.

2. Revenue sources from maritime infrastructure:

a) Fees and charges in compliance with law on fees and charges;

b) Revenue earned from using price or services price as per the law;

c) Revenue earned from maritime infrastructure lease or concession for a specific term as prescribed in this Decree.

3. In case of maritime infrastructure serving the public interests that not applying any operation method prescribed in Clause 1, Clause 2 of this Article, the infrastructure supervisor shall manage and use it as prescribed; it is not required to prepare an operation scheme and submit it for competent authority’s approval as prescribed in this Section. The Minister of Transport shall determine a list of maritime infrastructure serving public interests not applying any operation method prescribed in Clause 1 and Clause 2 of this Article in consideration of the infrastructure supervisor’s request.

Article 13. Infrastructure supervisor operating the maritime infrastructure directly

1. The infrastructure supervisor operates the maritime infrastructure directly in any of the following cases:

a) The maritime infrastructure is related to national security;

b) The directly-operating method proved more effective than the method prescribed in Points b and c Clause 1 Article 12 of this Decree;

c) No maintenance provider registers any method prescribed in Points b and c Clause 1 Article 12 of this Decree.

2. The power to approve operation scheme:

a) The Prime Minister shall consider approving operation schemes in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent authorities at the request of the Ministry of Transport and relevant agencies;

b) The Minister of Transport shall consider approving operation schemes not prescribed in Point a of this Clause to competent authorities.

3. Request for approving operation scheme includes:

a) An request form of infrastructure supervisor: 1 original;

b) An operation scheme (using Form No. 07 of Appendix thereto): 1 original;

c) Other documents (if any): 1 copy.

4. Preparation and approval for operation scheme:

a) The infrastructure supervisor shall prepare and send an request for operating maritime infrastructure as prescribed in Clause 3 of this Article to the Ministry of Transport;

b) Within 30 days, from the date on which a satisfactory application is received, the Minister of Transport shall consider approving the operation scheme within its authority or providing explanation in writing if the application is refused;

c) Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport shall send requests for consultation together with copies of the application provided in Clause 3 hereof to the Ministry of Finance and relevant agencies in terms of the maritime infrastructure within authority of Prime Minister.

Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport, the Ministry of Finance and relevant agencies shall give opinions within their competence in terms of the scheme in question;

Within 30 days from the date on which all consultations are received, the Ministry of Transport shall send a report on the plan in question (together with copies of the application prescribed in Clause 3 hereof and consultations made by relevant agencies) to the Prime Minister; the Prime Minister shall then consider approving the scheme in question and provide guidance if the application is refused.

5. According to the operation scheme approved by competent authority, the infrastructure supervisor shall operate the maritime infrastructure as per the law.

Article 14. Maritime infrastructure lease

1. Maritime infrastructure lease means the state enters into an agreement with an maritime infrastructure operator to assign the right to operate maritime infrastructure for a given period to receive a fixed sum of money.

2. The power to approve maritime infrastructure lease scheme:

a) The Prime Minister shall consider approving maritime infrastructure lease schemes in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent authorities at the request of the Ministry of Transport and relevant agencies;

b) The Minister of Transport shall consider approving maritime infrastructure lease schemes not prescribed in Point a of this Clause with consultation of the Ministry of Finance and relevant agencies.

3. Request for approving maritime infrastructure lease scheme includes:

a) Request form for approving maritime infrastructure lease scheme: 1 original;

b) A maritime infrastructure lease scheme (using Form No. 07 of Appendix thereto); 1 original;

c) Other documents (if any): 1 copy.

4. Preparation of and approval for maritime infrastructure lease scheme.

a) The infrastructure supervisor shall prepare and send an request for maritime infrastructure lease as prescribed in Clause 3 of this Article to the Ministry of Transport;

b) Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport shall send requests for consultation together with copies of the application provided in Clause 3 hereof to relevant agencies in terms of the maritime infrastructure lease scheme;

c) Within 30 days, from the date on which satisfactory application is received, the Ministry of Finance and relevant agencies shall raise opinions: whether the application is adequate and valid, whether the scheme is deemed essential and appropriate to the operator, laws and regulations on management an use of public property, special law and relevant law provisions; whether the basis and method for valuation of leasing right to operate maritime infrastructure is suitable; and matters in the scheme that need modifications;

d) Within 30 days, from receiving consultations from the Ministry of Finance and relevant agencies, the Ministry of Transport shall direct the infrastructure supervisor to complete the application;

dd) The Minister of Transport shall consider approving the maritime infrastructure lease scheme within its authority or providing explanation in writing if the application is refused;

e) The Minister of Transport shall send a report on the plan in question (together with copies of the application prescribed in Clause 3 hereof and consultations made by relevant agencies) to the Prime Minister; the Prime Minister shall then consider approving the scheme in question and provide guidance if the application is refused.

5. According to the maritime infrastructure lease scheme approved by competent authority prescribed in Clause 2 of this Article, the Ministry of Transport shall direct the infrastructure supervisor to hold an auction to choose the maritime infrastructure operator as prescribed in law on auction and enter into a lease contract as per the law. The auction participants must meet conditions for qualifications in maritime infrastructure business in accordance with special law on maritime and relevant law provisions.

6. The lease contract shall at least contain:

a) Details of lessor;

b) Details of lessee;

c) A list of infrastructural facilities to be leased;

d) Lease term; lease price; payment method and period; maintenance responsibility and other necessities;

dd) Rights and obligations of parties;

e) Responsibilities for contract performance.

7. The lessee of right to operate maritime infrastructure has rights to:

a) Operate maritime infrastructure in accordance with laws and regulations and the contract;

b) Decide methods deemed suitable for operating maritime infrastructure in an effective manner;

c) Charge using price or service price as per the law and according to the contract;

d) have its rights and legitimate interests protected by the state; file a claim or lawsuit as per the law;

dd) Perform other rights of the lessee as per the law.

8. The lessee of right to operate maritime infrastructure has obligations to:

a) Preserve the leased infrastructure (including land and water surface); prevent loss and encroachment and other violations as per the law;

b) Use the leased infrastructure with proper purposes; refrain from transferring, selling, giving, mortgaging it, or contributing it as capital;

c) Maintain the collateral as specified in the contract;

d) Pay the rent fully and on schedule as specified in the contract; if the lessee fails to make payment or make full payment when it is due under the contract, it must pay a sum of late payment interest in compliance with law on tax administration. The infrastructure supervisor shall send a report enclosed with a copy or contract and payment document (if any) to the Department of Taxation (of province where the property is located) for consideration; the Department of Taxation shall then give notice of late payment interest amount in accordance with law on tax administration;

dd) Facilitate the inspection and supervision of the lessor and, in cooperation with the lessor, deal with difficulties arising;

e) Hand over the maritime infrastructure upon expiry of the contract and other cases prescribed in Clause 9 hereof;

g) Notify the infrastructure supervisor of the state of the maritime infrastructure on a regular or irregular basis as specified in the contract to ensure that the maritime transport operation keeps safe and smooth;

h) Fulfill other obligations of the lessee as per the law and under the contract.

9. During the lease term, if the maritime infrastructure operator voluntarily returns the property, or breaks the terms of contract, or the state deemed necessary to revoke it for national defense and security, national interests, public interests, actions against parties’ rights and obligations (if any) shall be taken in accordance with the contract, civil law and relevant law provisions.

Article 15. Maritime infrastructure concession for a specific term

1. Maritime infrastructure concession for a specific term means the state enters into an agreement with an enterprise to assign the right to operate maritime infrastructure for a given period associated with investment in upgrade and extension of existing maritime infrastructure according to a plan approved by the competent authority to receive a fixed sum of money.

2. The Prime Minister shall consider approving maritime infrastructure concession schemes in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent authorities at the request of the Ministry of Transport and relevant agencies.

3. The maritime infrastructure concession for a specific term shall be done through auctions. Criteria for selecting auction participants:

a) Their qualifications in maritime infrastructure investment and business in accordance with special law on maritime and relevant law provisions;

b) Financial capacity to execute the project in accordance with law on investment.

4. The specific transfer term shall be determined in every transfer contract but not exceeding 50 years.

5. A request for approving maritime infrastructure concession scheme includes:

a) A request form for maritime infrastructure concession: 1 original;

b) A scheme for transferring right to operate maritime infrastructure (using Form No. 07 of Appendix thereto); 1 original;

c) Other documents (if any): 1 copy.

6. Preparation of and approval for request for approving maritime infrastructure concession scheme:

a) The infrastructure supervisor shall prepare and send an request for transferring maritime infrastructure as prescribed in Clause 5 of this Article to the Ministry of Transport;

b) Within 30 days from the date on which a satisfactory application is received, the Ministry of Transport shall send requests for consultation together with copies of the application provided in Clause 5 hereof to relevant agencies in terms of the maritime infrastructure concession scheme;

c) Within 30 days, from the date on which satisfactory application is received, the Ministry of Finance and relevant agencies shall raise opinions about: whether the application is adequate and valid, whether the scheme is deemed essential and appropriate to the operator, laws and regulations on management an use of public property, special law and relevant law provisions; whether the basis and method for valuation of transferring right to operate maritime infrastructure is suitable; and matters in the scheme that need modifications;

d) Within 30 days, from receiving consultations from the Ministry of Finance and relevant agencies, the Ministry of Transport shall direct the infrastructure supervisor to complete the application; The Minister of Transport shall send a report on the scheme in question (together with copies of the application prescribed in Clause 5 hereof and consultations made by relevant agencies) to the Prime Minister; the Prime Minister shall then consider approving the scheme in question and provide guidance if the application is refused;

dd) According to the scheme for transferring right to operate maritime infrastructure approved by the Prime Minister prescribed in Clause 3 of this Article, the Ministry of Transport shall direct the infrastructure supervisor to hold an auction to choose the maritime infrastructure operator as prescribed in Clause 3 of this Article and enter into a concession contract as per the law.

7. The concession contract shall at least contain:

a) Details of transferor;

b) Details of transferee;

c) A list of infrastructural facilities to be conceded;

d) Transfer term; price; payment method and period; sections to be invested or upgraded and other necessities;

dd) Rights and obligations of parties;

e) Responsibilities for contract performance.

8. Within 90 days, from the date on which the contract is signed, the transferee shall pay a sum of concession price to the infrastructure supervisor. The infrastructure supervisor shall pay a sum of concession price to an escrow account within 3 working days from the date on which the concession payment is received.

Upon expiry of the aforesaid time limit in this Clause, if the transferee fails to pay or pay fully the sum under the contract, the infrastructure supervisor shall send a report enclosed with a copy or contract and payment document (if any) to the Department of Taxation (of province where the property is located) for consideration; the Department of Taxation shall then give notice of late payment interest amount in accordance with law on tax administration.

Deadline for payment and regulations on payment of late payment interest shall be specified in the Regulation on auctions and the concession contract.

9. The transferee has rights to:

a) Use and operate maritime infrastructure under the contract;

b) Charge using price or service price as per the law and according to the contract;

c) Enjoy incentive policies, investment incentives as prescribed in law on investment and relevant provisions;

d) Use property rights and conceded property to contribute as capital as per the law;

dd) File complaints or lawsuits as per the law if its rights and interests are infringed.

10. The transferee has obligations to:

a) Upgrade and extend the project as planned, on schedule and in good quality; maintain the infrastructure in accordance with the contract;

b) Notify the infrastructure supervisor of the state of infrastructure on a regular or irregular basis to ensure that the maritime transport operation keeps safe and smooth.

c) Take legal responsibility for any breach of the contract.

Article 16. Maritime infrastructure rent and maritime infrastructure concession price

1. Maritime infrastructure rent or maritime infrastructure concession price means a sum of money that a lessee or a transferee must pay to the state to operate the maritime infrastructure under the contract.

2. The maritime infrastructure rent includes fixed price and adjustable price.

Starting rent of facilities, warehouses, storage yards, buildings or auxiliary facilities shall be determined in conformity with market rents of the like-kind property or property that meets the same technical standards and quality requirements when the property is leased and fit for lease purposes.

3. The starting price of maritime infrastructure concession auction shall be determined as follows:

a) Fixed price is determined according to depreciation of property, principal and interests (if any), costs incurred when managing and operating the property;

b) Adjustable price is determined according to a percentage of annual revenue earned from operation of the maritime infrastructure;

c) The authority competent to approve the lease scheme shall choose the starting price either the fixed price or adjustable price according the rules that the fixed price is preferred when factors considered to determine fixed price are sufficient; in particular: If fixed price is used, the adjustable price remains unchanged; if the adjustable price is used, the fixed price remains unchanged.

4. The starting price of maritime infrastructure concession in the auction is determined according to residual value of the property at the concession time according to revaluation, remaining depreciation time, additional investment value, estimated expenses and revenues from the operation of maritime infrastructure during the concession time.

5. The Minister of Transport shall consider deciding the starting price of maritime infrastructure lease, starting price of maritime infrastructure concession as prescribed in Clauses 2, 3 and 4 of this Article.

6. In case of maritime infrastructure associated with land and water surface not intended for business, the price of maritime infrastructure lease or concession is not inclusive of land rents or water surface rents.

In case of maritime infrastructure associated with land and water surface intended for business, the price of maritime infrastructure lease or concession is not inclusive of land rents or water surface rents.

7. The Ministry of Finance shall provide guidelines for this Article.

Article 17. Operation of land and water surface resources to establish funds for development of maritime infrastructure

1. The operation of land and water surface resources to establish funds for development of maritime infrastructure shall be carried out in accordance with Article 118 of Law on Management and Use of Public Property and legislation on land.

2. The infrastructure supervisor shall prepare and send a scheme for operating land and water surface to the Ministry of Transport, then the Ministry of Transport shall consult with the Ministry of Finance, relevant agencies and the People's Committee of province (where the land is located), and send the final scheme to the Prime Minister for consideration.

3. Contents of the scheme:

a) Bases and the necessity of scheme;

b) Area of land or water surface to be operated;

c) Methods for operating land or water surface;

d) Total investment in maritime infrastructure construction;

dd) Estimated proceeds from operation of land and water surface resources;

e) Other information about operation of land and water surface resources;

g) Responsibilities for scheme execution.

Article 18. Maritime-related fees

1. Schedules of maritime-related fees shall be made in accordance with laws and regulations on fees.

2. Maritime-related fees shall be collected, paid and managed in accordance with laws and regulations on fees and state budget and relevant law provisions.

3. The state shall empower maritime authorities to collect maritime-related fees.

Article 19. Management and use of proceeds from operation of maritime infrastructure and land and water surface resources to establish funds for development of maritime infrastructure

1. If the infrastructure supervisor operates the maritime infrastructure directly as prescribed in Article 13 hereof:

a) The proceeds from operation of maritime infrastructure being fees prescribed in Point a Clause 2 Article 12 hereof shall be managed and used in accordance with regulations and laws on fees and state budget;

b) The proceeds from operation of maritime infrastructure being revenues from provision of services prescribed in Point b Clause 2 Article 12 hereof shall be managed and used in accordance with financial mechanism applicable to the infrastructure supervisor as prescribed.

2. If maritime infrastructure or land and water surface resources are operated as prescribed in Articles 14, 15 and 17 hereof:

a) The proceeds from maritime infrastructure lease, maritime infrastructure concession and proceeds from operation of land and water surface resources shall be remitted to escrow accounts in the State Treasury held by:

The agency empowered to manage property prescribed in Clause 1 Article 19 of Law on Management and Use of Public Property, the operation scheme of which is subject to the Prime Minister’s approval;

or the Department of Finance (of province where the infrastructure supervisor is headquartered), if operation scheme of property is subject to the Minister of Transport’s approval.

b) Expenses associated with operation of property or land and water surface resources shall be estimated and submitted to the Ministry of Transport for approval, including costs of :

Stocktaking, determination of starting price, auction holding and other involved costs in case of maritime infrastructure lease prescribed in Article 14 hereof;

Stocktaking, determination of starting price, auction holding and other involved costs in case of maritime infrastructure concession prescribed in Article 15 hereof;

Operation of land and water surface resources to establish funds for development of maritime infrastructure as prescribed in Article 17 hereof.

3. The making of expense estimates; procedures for payment of expenses associated with operation of maritime infrastructure and land and water surface resources shall be carried out in accordance with Article 27 hereof.

4. Quarterly, the escrow account holder shall remit the remaining sum of proceeds from operation of property with paid costs to state budget in accordance with laws and regulations on state budget.

5. The proceeds from operation of maritime infrastructure and land and water surface resources that have remitted to state budget shall be preferred to be allocated in public projects, state budget expenditure estimates to build, upgrade, and innovate maritime infrastructure in accordance with law on public investment, state budget and relevant laws and regulations.

Section 5: ACTIONS AGAINST MARITIME INFRASTRUCTURE

Article 20. Actions against maritime infrastructure

1. Withdrawal.

2. Transfer.

3. Sale.

4. Using maritime infrastructure for payment to an investor in executing a construction project under a build-transfer contract (BT contract).

5. Disposal.

6. Action against maritime infrastructure in case of loss or damage.

7. Other actions as per the law.

Article 21. Withdrawal of maritime infrastructure

1. A maritime infrastructural facility shall be withdrawn in any of the following cases:

a) Any change to planning or decentralization takes place;

b) The facility is handed over to improper entities or for improper purposes; it is borrowed;

c) The facility is sold, leased, given, mortgaged, contributed as capital, and used in joint venture against the law;

d) The facility is handed over but no longer need for use or is operated in an ineffective manner;

dd) Other cases as per the law.

2. The power to withdraw:

a) The Prime Minister shall consider withdrawing maritime infrastructure in conjunction with national defense and security in consideration of request of Minister of Transport;

b) The Minister of Transport shall consider withdrawing maritime infrastructure which are associated with land and water surface not prescribed in Point a of this Clause in consideration of request of the Ministry of Transport;

c) The Minister of Transport shall consider withdrawing maritime infrastructure not prescribed in Points a and b of this Clause.

3. The maritime infrastructure to be withdrawn shall be:

a) transferred by competent authorities as prescribed in Article 22 hereof; or

b) sold as prescribed in Article 23 hereof.

4. A request for withdrawal of maritime infrastructure includes:

a) An request form of infrastructure supervisor: 1 original;

b) A request for withdrawal of the superior agency: 1 original;

c) A list of maritime infrastructural facilities to be withdrawn (using Form No. 06 of Appendix thereto): 1 original;

d) Other documents (if any): 1 copy;

5. Procedures for withdrawal of maritime infrastructure in case of voluntary return

a) The infrastructure supervisor shall prepare and send a request for withdrawal of maritime infrastructure as prescribed in Clause 4 of this Article to the Ministry of Transport;

b) Within 30 days from the date on which a valid request is received, the Minister of Transport shall consider withdrawing or request the competent authority (enclosed with copies of documentation prescribed in Clause 4 hereof) prescribed in Clause 2 hereof to consider withdrawing the maritime infrastructure;

c) The decision on withdrawal shall at least contain: The infrastructure supervisor which has the maritime infrastructure withdrawn; the authority which enforce the withdrawal decision; a list of infrastructural facilities (description, quantity, input value, and residual value); reasons for withdrawal; and implementation;

d) Upon receipt of the withdrawal decision, the decision enforcer shall receive maritime infrastructure in question; plan the actions against the infrastructure as prescribed in Clause 3 hereof; take planned actions which are approved as prescribed; and preserve and protect it while awaiting actions.

6. Procedures for withdrawal of maritime infrastructure in cases other than those prescribed in Clause 5, Clause 7 of this Article:

a) According to the request of an authority competent to inspect, audit, or impose penalties for administrative violations or a regulatory agency, the Minister of Transport shall consider withdrawing or request the competent authority prescribed in Clause 2 hereof to consider withdrawing the infrastructure;

b) Contents of the withdrawal decision and responsibilities of the infrastructure supervisor and decision enforcer as prescribed in Point c, Point d Clause 5 hereof.

7. In case of withdrawal of maritime infrastructure associated with land as prescribed in laws and regulations on land, before a decision on appropriation of land associated with maritime infrastructure, the competent authority shall appropriate land with consultation from the Ministry of Finance. The Ministry of Finance shall take charge and cooperate with involved agencies in providing consultation of plan for appropriation of land associated with maritime infrastructure.

The request for consultation must specify reasons for land appropriation, land area to be appropriated, proof that the land appropriation plan conforms to the land-use planning approved by competent authorities and other contents deemed necessary.

Article 22. Transfer of maritime infrastructure by competent authorities

1. A maritime infrastructural facility shall be transferred by competent authority in any of the following cases:

a) Any change to supervisor, decentralization, or property category;

b) The facility is handed over but no longer need for use or is operated in an ineffective manner;

c) Other cases as prescribed.

2. The power to decide transfer:

a) The Prime Minister shall consider transferring maritime infrastructure from an infrastructure supervisor affiliated to the Ministry of Transport to another enterprise in form of investment of state capital in enterprises or maritime infrastructure in conjunction with national defense and security at the request of the Minister of Transport, the Minister of Finance and involved agencies;

b) The Minister of Transport shall consider transferring maritime infrastructure not prescribed in Point a of this Clause between the Ministry of Transport and central and local ministries and agencies;

c) The Minister of Transport shall consider transferring maritime infrastructure not prescribed in Point a of this Clause between inferior agencies.

3. A request for transfer of maritime infrastructure includes:

a) A request for transferring maritime infrastructure made by infrastructure supervisor: 1 original;

b) A request for receipt of maritime infrastructure made by the recipient: 1 original;

c) A list of infrastructural facilities to be transferred using form No. 06 in the Appendix thereto (stating current purposes of use and expected purposes of use after transfer if the transfer is associated with switch of functional use): 1 original; <0}

d) Documentation in respect of switch of functional use (in case of transfer associated with switch of functional use): 1 copy;

dd) Other documents (if any): 1 copy.

4. Procedures for transfer of maritime infrastructure

a) The infrastructure supervisor shall prepare and send an request for transferring maritime infrastructure as prescribed in Clause 3 of this Article to the Ministry of Transport;

b) Within 30 days from the date on which a valid application is received, the Minister of Transport shall consider transferring the maritime infrastructure within their competence or give a reply if the application is not valid; or request the competent authority prescribed in Point a, Point b Clause 2 hereof for consideration after receiving consultation from involved agencies or give a reply if the application is not valid;

c) The decision on transfer shall at least contain: The infrastructure supervisor; infrastructure recipient; the list of infrastructural facilities to be transferred (description, quantity, input value, residual value); reasons for transfer; responsibilities for implementation;

d) Within 30 days, from the date on which the decision on transfer is issued, the infrastructure supervisor and the recipient shall: Hand over and receive the maritime infrastructure using Form No. 01 in Appendix thereto; record increase or decrease in property according to current accounting system; register ownership or use as per the law (if any); make declaration of property variation as prescribed in Article 28 hereof;

dd) Reasonable costs associated with transfer and receipt of maritime infrastructure shall be covered by the recipient as prescribed;

e) The infrastructure value shall not be paid upon its transfer.

Article 23. Selling maritime infrastructure

1. A maritime infrastructural facility shall be sold in any of the following cases:

a) It is withdrawn as prescribed in Article 21 hereof and is no longer intended for use;

b) The facility is handed over but no longer need for use or is operated in an ineffective manner;

c) The change in purpose of land use associated with change in functional use of maritime infrastructure takes place according to the planning approved by competent authority;

d) Other cases as per the law.

2. The power to sell maritime infrastructure

a) The Prime Minister shall consider selling maritime infrastructure in conjunction with national defense and security or property formed from projects subject to the Prime Minister’s decision to competent authorities at the request of the Ministry of Transport and relevant agencies;

b) The Minister of Transport shall consider selling maritime infrastructure which are associated with land and water surface not prescribed in Point a of this Clause in consideration of request of the Ministry of Transport and involved agencies;

c) The Minister of Transport shall consider selling maritime infrastructure not prescribed in Points a and b of this Clause.

3. The maritime infrastructure shall be sold in accordance with laws and regulations on property auction.

4. A request for sale of maritime infrastructure includes:

a) A request for sale made by infrastructure supervisor: 1 original;

b) A list of infrastructural facilities to be sold using Form No. 06 in Appendix thereto (stating reasons for sale, current purposes of use): 1 original;

c) Opinions of the specialized agency about land-use planning (in case of sale of infrastructure associated with land or water surface): 1 copy;

d) Other documents (if any): 1 copy.

5. Procedures for sale of maritime infrastructure

a) The infrastructure supervisor shall prepare and send a request for sale of maritime infrastructure as prescribed in Clause 4 of this Article to the Ministry of Transport;

b) Within 30 days from the date on which a valid request is received, the Minister of Transport shall consider selling the maritime infrastructure within their competence or give a reply if the request is not valid; or request the competent authority prescribed in Point a, Point b Clause 2 hereof for consideration after receiving consultation from involved agencies or give a reply if the application is not valid;

c) The decision on sale shall at least contain: The infrastructure supervisor; the list of facilities to be sold (description, quantity, input value, residual value according to accounting records); methods of sale; management and use of proceeds from the sale; responsibilities and deadline;

d) According to the decision on sale, the infrastructure supervisor shall determine the starting price and submit it to the competent authority for approval, and then sell the infrastructure as prescribed;

dd) Within 90 days, from the day on which the sale contract is signed, the purchaser shall make payment to the infrastructure supervisor. The infrastructure supervisor shall remit such a sum of purchase price to an escrow account within 3 working days from the date on which the payment is received.

Upon expiry of deadline prescribed in this Point, if the purchaser fails to pay or pay fully the purchase price under the contract, a late payment interest will be charged as prescribed in laws and regulations on tax administration. In this case, the infrastructure supervisor shall send a request enclosed with a copy of property sale contract and payment documents (if any) to the Department of Taxation (of province where the property is located) for consideration; the Department of Taxation shall then give notice of late payment interest amount in accordance with law on tax administration.

Deadline for payment and regulations on payment of late payment interest shall be specified in the Regulation on auctions and the sale contract.

e) The infrastructure supervisor shall issue sale invoice for public property to the purchaser in accordance with regulations and laws on management and use of public property. The infrastructure shall be handed over at the place where it is located after the purchaser makes the full payment;

g) Within 30 days, from the completion date of property auction, the infrastructure supervisor shall record the decrease in property and make a declaration of property variation as prescribed in Article 28 hereof.

Article 24. Disposal of maritime infrastructure

1. A maritime infrastructural facility shall be disposed of in any of the following cases:

a) The facility is damaged and cannot be used or the repair does not work;

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

c) The competent authority adjusts a planning that leads a part or the whole of maritime infrastructure unusable, not as normal as its functions;

d) Other cases as per the law.

2. The Minister of Transport shall consider disposing of maritime infrastructure or empower certain authorities to do so.

3. A maritime infrastructural facility shall be disposed of in the form of demolition or destruction. The withdrawn materials shall be:

a) handed over to the agency acquiring the property to be disposed of to use them in maintenance if the property is usable: The Minister of Transport shall consider bringing withdrawn materials into operation; in this circumstance, their value shall be recorded as increase in the estimate or maintenance contract;

b) transferred to other entities for management and operation. The Minister of Transport shall consider transferring such materials to its inferior agencies; the Minister of Finance shall consider transferring such materials to agencies not affiliated to the Ministry of Transport at the request of the Ministry of Transport, central ministries, or involved the People's Committee of province;

c) sold, if they cannot be used<0}

4. A request for disposal of maritime infrastructure includes:

a) A request for disposal made by infrastructure supervisor: 1 original;

b) A list of infrastructural facilities to be disposed of using Form No. 06 in Appendix thereto (stating reasons for disposal): 1 original;

c) Other documents (if any): 1 copy.

5. Procedures for disposal of maritime infrastructure:

a) The infrastructure supervisor shall prepare and send a request for disposal of infrastructure prescribed in Clause 4 hereof to the competent authority prescribed in Clause 2 hereof;

b) Within 30 days, from the date on which a valid request is received, the competent authority prescribed in Clause 2 hereof shall consider disposing of the maritime infrastructure or give a reply if the request is invalid. If the materials withdrawn from disposal are transferred to an agency not affiliated to the Ministry of Transport, the Ministry of Transport shall request the Ministry of Finance to consider within its authority,

c) The decision on disposal shall at least contain: The infrastructure supervisor; a list of infrastructural facilities to be disposed of (description, quantity, input value, residual value, reasons for disposal); disposal method; actions against withdrawn materials; management and use of proceeds from disposal; responsibilities for implementation;

d) According to the decision on disposal made by the competent authority, the infrastructure supervisor shall demolish or destroy the infrastructure and take actions against the withdrawn materials as prescribed. The withdrawn materials shall be sold in accordance with Article 31 of Decree No. 151/2017/ND-CP dated December 26, 2017 on guidelines for Law on Management and Use of Public Property.

dd) From the completion date of disposal, the infrastructure supervisor shall record the decrease in property and make a declaration of property variation as prescribed in Article 28 hereof and relevant law provisions.

Article 25. Action against maritime infrastructure in case of loss or damage

1. The maritime infrastructure is considered lost or damaged it is so due to natural disasters or conflagration or other reasons.

2. The Minister of Transport shall take an action against maritime infrastructure or empower certain authorities to do so as prescribed in Clause 1 hereof.

3. A request for action against maritime infrastructure in case of loss or damage includes:

a) A request form for actions against maritime infrastructure being lost or damaged: 1 original;

b) A report confirming that the infrastructure is lost or damaged: 1 original;

c) A list of maritime infrastructural facilities which are lost or damaged (using Form No. 06 of Appendix thereto): 1 original;

d) Proof of loss or damage (if any): 1 copy.

4. Procedures for actions against maritime infrastructure in case of loss or damage

a) Within 30 days from the date on which the infrastructure is discover lost or damaged, the infrastructure supervisor shall prepare and send a request prescribed in Clause 3 hereof to the competent authority for consideration;

b) Within 30 days, from the date on which a valid request is received, the competent authority prescribed in Clause 2 hereof shall issue a decision on actions against the maritime infrastructure in case of loss or damage;

c) The decision on actions against the maritime infrastructure in case of loss or damage shall at least contain: the infrastructure supervisor; a list of lost or damaged infrastructural facilities accounted for as a decrease in accounting record (description, quantity, input value, residual value according to accounting records); reasons for loss or damage; responsibilities for implementation.

5. Within 30 days from the date on which the aforesaid decision is issued, the infrastructure supervisor shall account for a decrease as prescribed in laws and regulations on accounting; and make a declaration of property variation as prescribed in Article 28 hereof.

6. The state budget shall finance a source of fund for rectify the loss or damage to ensure that the maritime operation keeps safe and smooth.

If a sum of money is given as payment for damage or loss by an insurer or a relevant entity, such sum of money shall be managed as prescribed in Clause 1 Article 27 hereof, less relevant costs (if any) which are remitted to state budget and then allocated to a public project or state budget expenditure estimate to build an alternative infrastructure as prescribed in law on state budget, public investment and relevant law provisions.

Article 26. Management and use of maritime infrastructure in form of public-private partnership (PPP)

1. The building, management, and operation of maritime infrastructure in form of PPP and transfer of maritime infrastructure under PPP shall be done in accordance with Article 95, Article 96 of Law on Management and Use of Public Property.

2. If the maritime infrastructure is used to pay to the investor when executing construction project under the BT contract in accordance with Government's corresponding regulations on public property paid to investors.

3. The use of maritime infrastructure to participate in an investment project under PPP, other than the contract prescribed in Clause 2 of this Article is provided for as follows:

a) The Prime Minister shall consider using existing maritime infrastructure to participate in PPP investment projects at the request of the Minister of Transport, opinions of the Ministry of Finance and involved agencies.

A Prime Minister’s decision on use of existing property to participate in PPP investment projects is the rationale for the competent authority to decide or request other competent authorities to decide investment policies in accordance with laws on investment and public investment;

b) According to the Prime Minister’s decision on use of existing property to participate in PPP investment projects, the PPP investment projects approved by the competent authority and the equivalent contract, the infrastructure supervisor shall hand over the property to the investor for project execution. The handover shall be recorded in writing, using form No. 01 prescribed in Appendix thereto.

Article 27. Management and use of proceeds from actions against maritime infrastructure

1. All of proceeds from actions against maritime infrastructure shall be remitted to escrow accounts in State Treasury held by:

a) The agency empowered to manage property prescribed in Clause 1 Article 19 of Law on Management and Use of Public Property, the operation scheme of which is subject to the Prime Minister’s approval or the Minister of Finance’s approval;

b) The Department of Finance (of province where the supervisor is headquartered), if the maritime infrastructure is subject to the Minister of Transport’s approval.

2. The escrow account shall be monitored individually.

3. The infrastructure supervisor shall make budget estimates of expenses associated with actions against maritime infrastructure and send them to the Ministry of Transport for approval. The expenses associated with actions against maritime infrastructure include those incurred in:

a) Stocktaking, drawing;

b) Relocation, demolition, and destruction;

c) Valuation and appraisal;

d) Sale holding;

dd) Other reasonable involved costs.

4. Grounds for making of estimates prescribed in Clause 3 hereof:

a) Specific expenditures, expenditures with quotas and polices prescribed by competent authorities shall be estimated according to corresponding regulations;

b) Services relevant to actions against the maritime infrastructure shall be performed in conformity with the equivalent contract concluded by the infrastructure supervisor and the provider. The aforesaid provider shall be selected as per the law;

c) Amounts of expenditures not specified in Point a, Point b of this Clause shall be determined by the agency empowered to sell or dispose of maritime infrastructure in accordance with current financial management regulations and that agency shall take responsibility for such a determination.

5. Within 30 days, from the completion date of actions against maritime infrastructure, the infrastructure supervisor shall prepare and send a request for payment to the escrow account holder. The head shall take legal responsibility for the accuracy of the proposed payment. The request consists of:

a) A request form made by the infrastructure supervisor (stating proceeds from actions against maritime infrastructure, total costs thereof, details of accounts receiving payment) enclosed with a detailed list of expenses: 1 original;

b) A decision on action against maritime infrastructure: 1 copy;

c) Documents proving expenses: Expenditure estimate; contracts for valuation, auction, and demolition; invoices (if any): 1 copy.

6. Within 30 days, from the date on which satisfactory application, the escrow account holder shall allocate the sum of money to the agency empowered to sell or dispose of maritime infrastructure for paying costs associated with actions against maritime infrastructure.

7. Quarterly, the escrow account holder shall remit the remaining sum of proceeds from actions against maritime infrastructure with paid costs to state budget in accordance with laws and regulations on state budget.

8. If the proceeds from sale or disposal of maritime infrastructure are insufficient to cover the costs, the deficit shall be financed from state budget estimated fund managed by the infrastructure supervisor.

Section 6: REPORTING AND MARITIME INFRASTRUCTURE DATABASE

Article 28. Maritime infrastructure-related reports

1. Maritime infrastructure shall be declared and updated in the maritime infrastructure database for consistent management.

2. Forms of maritime infrastructure declarations:

a) Initial declaration in case of maritime infrastructure under management on the effective date of this Decree;

b) Additional declarations in case of new maritime infrastructure or maritime infrastructure from which any change to infrastructure supervisor or itself arises after the effective date of this Decree.

3. The infrastructure supervisor shall make and send declarations using Form No. 02 in Appendix thereto to the Ministry of Transport; the declarations bearing confirmation of the Ministry of Transport shall be inserted to the maritime infrastructure database. A declaration shall be submitted within 30 days, from the date on which maritime infrastructure is received according to the decision made by competent authority or any change to the supervisor or the maritime infrastructure itself arises.

4. Reports on management, use and operation of maritime infrastructure: The infrastructure supervisor shall send annual reports on management, use and operation of maritime infrastructure in the previous year and irregular reports at the request of competent authorities.

5. Forms of reports:

a) Report on management of maritime infrastructure (using Form No. 03 of Appendix thereto);

b) Report on actions against maritime infrastructure (using Form No. 04 of Appendix thereto);

c) Report on operation of maritime infrastructure (using Form No. 05 of Appendix thereto).

6. Deadline for submitting annual reports on management, use and operation of maritime infrastructure:

a) The infrastructure supervisor shall send such a report to the Ministry of Transport prior to February 28;

b) The Ministry of Transport shall send a final report on management and use of maritime infrastructure to the Ministry of Finance prior to March 15;

c) The Ministry of Finance shall send a report on management and use of maritime infrastructure nationwide to the Government for reporting to the National Assembly at the request and announcing the public maritime infrastructure.

Article 29. Maritime infrastructure database

1. The maritime infrastructure database is an integral part of the national database in respect of public property, which is built and managed nationwide; its contents are considered as lawful as those in hard copies.

2. The Ministry of Transport shall take charge and cooperate with the Ministry of Finance and involved agencies in building and managing maritime infrastructure database provided meeting the following requirements:

a) In accordance with Vietnam electronic government architectural framework, in conformity with national database technical standards, technical regulations and standards for information technology, information safety and security and economic and technical norms;

b) Ensure interoperability, the ability to integrate, and connect to the national database of public property; ensure information sharing and extensibility of data fields in system design and application software.

3. The Ministry of Transport shall direct the infrastructure supervisor to make and send declarations and insert them to the maritime infrastructure database as prescribed.

Chapter III

IMPLEMENTATION

Article 30. Implementation

1. Responsibilities of the Ministry of Transport

a) Take charge for promulgating and issuing regulations on maintenance of maritime infrastructure;

b) Direct and provide guidelines for making of lists of maritime infrastructural facilities for the purposes of accounting, depreciation determination, reporting, and building of the maritime infrastructure database;

c) Take charge and cooperate with the Ministry of Finance in building maritime infrastructure database nationwide to integrate it into the national database of public property; send reports on management, use, and operation of maritime infrastructure in accordance with law on management and use of public property and at the request of competent authorities;

d) Cooperate with the Ministry of Finance in providing guidelines for determination of starting price for auction of maritime infrastructure operation in form of lease or concession;

dd) Perform other duties and rights as prescribed in this Decree.

2. Responsibilities of the Ministry of Finance:

a) Stipulate accounting regulations on maritime infrastructure;

b) Stipulate regulations on management and determination of maritime infrastructure depreciation;

c) Provide guidelines for determination of starting price for auction of maritime infrastructure operation in form of lease or concession;

d) Take charge and cooperate with the Ministry of Transport in provide guidelines for integrating maritime infrastructure database into national database of public property;

dd) Perform other duties and rights as prescribed in this Decree.

3. Ministries, central ministries and People's Committees of provinces shall cooperate with the Ministry of Transport and the Ministry of Finance in managing, using and operating maritime infrastructure as prescribed in this Decree.

Article 31. Transitional regulations

1. Within 12 months from the effective date of this Decree, the Ministry of Transport shall direct infrastructure supervisors prescribed in Clause 2 Article 2 of this Decree to cooperate with relevant agencies in reviewing, classifying, and valuing existing maritime infrastructure for the purposes of management, use and operation as prescribed in this Decree.

While the reviewing, classification, making, and approval for the plans for management of maritime infrastructure are in progress, the Ministry of Transport shall direct relevant agencies to manage and use maritime infrastructure in accordance with law on public property, special law on maritime and relevant law provisions, ensure that the maritime operation keeps safe and smooth.

2. Contracts for operation of maritime infrastructure signed by competent authorities before effective date of this Decree shall keep being executed until their expiry dates. All revisions to contracts made from the effective date of this Decree shall be conformable to this Decree.

3. Tasks stated in a document issued by a competent authority determining actions against maritime infrastructure before effective date of this Decree shall keep being performed; tasks remain unperformed until effective date of this Decree and management and use of proceeds from actions against the maritime infrastructure shall be done in accordance with this Decree.

4. In case of other state-funded maritime infrastructure under management of a ministry (other than the Ministry of Transport), central ministry, or local government, the corresponding ministry, central ministry, or the People's Committee of province shall request the Ministry of Finance to cooperate with the Ministry of Transport to report on management and use of maritime infrastructure to the Prime Minister in accordance with this Decree.

Article 32. Entry in force

1. This Decree comes into force as of March 12, 2018.

2. Section 5 of Government's Decree No. 58/2017/ND-CP dated May 10, 2017 on guidelines for Vietnam Maritime Code in terms of management of maritime operation shall cease to be effective from effective date of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial People's Committees and heads of involved agencies shall implement this Decree./. 

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc

 ho-so-thanh-lap-cong-ty-100-von-nuoc-ngoai-1-1-1.jpg

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