Illustration photo. (Source: Internet)

Methods of exploiting road infrastructure assets

Decree 44/2024/ND-CP stipulates the method of exploiting road traffic infrastructure assets, including:

a) The asset management agency directly organizes the exploitation of road traffic infrastructure assets.

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

c) Leasing the right to exploit road infrastructure assets.

d) Limited-term transfer of the right to exploit road infrastructure assets.

d) In case it is necessary to exploit road infrastructure assets in a manner other than the methods specified in points a, b, c and d above, the Ministry of Transport (for assets under central management) and the Provincial People's Committee (for assets under local management) shall preside over and coordinate with relevant agencies to develop a Project for exploiting road infrastructure assets and submit it to the Prime Minister for consideration and approval. The main contents of the Project for exploiting road infrastructure assets shall be in accordance with Form No. 02D in the Appendix to Decree 44/2024/ND-CP. After the Project is approved by the Prime Minister, the Ministry of Transport and the Provincial People's Committee shall direct and inspect the implementation of the Project for exploiting road infrastructure assets under their management.

The Decree clearly states that in cases where the method of exploiting road infrastructure assets specified in points b, c and d requires hiring a consultant to prepare an asset exploitation project, the cost of hiring a consultant to prepare an asset exploitation project shall be advanced from the regular expenditure budget of the asset management agency and deducted from the proceeds from asset exploitation. The selection of the unit hiring a consultant to prepare an asset exploitation project shall be carried out in accordance with regulations.

Transfer of the right to collect fees for using road infrastructure assets

In particular, Decree 44/2024/ND-CP stipulates that the transfer of the right to collect fees for using road infrastructure assets is the State's transfer of the right to collect road usage fees to an organization under a contract to receive a corresponding amount of money.

The scope of assets for which the right to collect usage fees is transferred is road traffic infrastructure assets or a part of road traffic infrastructure assets subject to road usage fees according to the provisions of law (except for road usage fees collected through vehicle heads according to the provisions of law on fees and charges).

The transfer of the right to collect fees for using road infrastructure assets does not apply to: Road infrastructure assets related to national defense and security; Road infrastructure assets falling under the cases specified in Clause 1, Article 16 of Decree 44/2024/ND-CP.

The term of transfer of the right to collect fees for using road traffic infrastructure assets is specifically determined in each transfer contract but is a maximum of 10 years, in accordance with each asset (part of an asset) of road traffic infrastructure approved by the competent authority or person specified in Clause 5, Article 14 of Decree 44/2024/ND-CP in the Decision approving the Project on transfer of the right to collect fees for using assets.

Regarding the authority to approve the Project on transferring the right to collect fees for the use of road infrastructure assets, the Decree clearly states: The Minister of Transport approves the Project on transferring the right to collect fees for the use of road infrastructure assets managed by the central asset management agency. The Provincial People's Committee approves the Project on transferring the right to collect fees for the use of road infrastructure assets managed by the local asset management agency.

Regulations for the transferee of the right to collect fees for using road traffic infrastructure assets

The Decree stipulates: The transferee of the right to collect fees for the use of road traffic infrastructure assets has the right to organize the exploitation of the assets in accordance with the provisions of law and the signed contract. Decide on methods and measures for exploiting the secured assets in accordance with the provisions of law on road traffic and the signed contract. Collect road usage fees and other services related to road traffic infrastructure assets in accordance with the provisions of law and the signed contract.

The transferee of the right to collect fees for the use of road infrastructure assets is obliged to use and exploit the assets for the correct purposes and tasks of the assets; not to change the function of use, transfer, sell, donate, contribute capital, mortgage or take measures to ensure the performance of other civil obligations. Perform maintenance of the works belonging to the assets according to the signed contract and regulations of law.

In addition, the Transferee is also obliged to pay the transfer fee for the right to collect property use fees (including the additional payment as prescribed in Point 1, Clause 9 of this Article) in full and on time as prescribed; in case the payment deadline as prescribed has passed and the Transferee has not paid or has not paid in full, it must pay a contract penalty; the penalty is equivalent to the late payment amount determined according to the provisions of the law on tax administration.

Annually, the Transferee must report revenue from exploiting the transferred property, including the right to collect property usage fees, along with an audited financial report as prescribed, and send it to the Transferor of the right to collect property usage fees.