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Issuing a Decree regulating the management, use and exploitation of irrigation infrastructure assets.

Báo Đầu tưBáo Đầu tư14/01/2025

The Government issued Decree No. 8/2025/ND-CP regulating the management, use and exploitation of irrigation infrastructure assets.


Issuing a Decree regulating the management, use and exploitation of irrigation infrastructure assets.

The Government issued Decree No. 8/2025/ND-CP regulating the management, use and exploitation of irrigation infrastructure assets.

Illustration photo: Cai Lon - Cai Be sluice project. (Source: Internet)
Illustration photo: Cai Lon - Cai Be sluice project. (Source: Internet)

Principles of management, use and exploitation of irrigation infrastructure assets

The Decree stipulates the principles of management, use and exploitation of irrigation infrastructure assets as follows:

1- All irrigation infrastructure assets invested and managed by the State within the scope of this Decree shall be assigned by the State to management entities in accordance with the provisions of law.

2- State management of irrigation infrastructure assets is implemented uniformly, with clear decentralization of authority and responsibility of each state agency and coordination responsibility between state agencies.

3- Irrigation infrastructure assets are fully accounted for in terms of physical assets and value.

4- The management, use and exploitation of irrigation infrastructure assets must ensure publicity and transparency; be supervised, inspected, checked and audited; any violations of the law on management, use and exploitation of assets must be handled promptly and strictly in accordance with the provisions of law.

5- The management and use of land within the scope of irrigation infrastructure assets shall be carried out in accordance with the provisions of the law on land and relevant laws; the exploitation of irrigation infrastructure assets shall be in accordance with the provisions of the law on irrigation, the law on land, the law on water resources and relevant laws.

The person assigned the property is responsible for completing the legal documents on land according to the provisions of the law on land.

6- For irrigation infrastructure assets assigned to enterprises for management in the form of state capital investment in enterprises before the effective date of this Decree, the contents specified in Sections 1, 2, 3, 4 and 5, Chapter II of this Decree shall not be implemented; for cases of assignment of irrigation infrastructure assets in the form of state capital investment in enterprises as prescribed in this Decree, the contents specified in Sections 2, 3, 4 and 5, Chapter II of this Decree shall not be implemented.

The management, use and exploitation of assets assigned to enterprises in the form of state capital investment in enterprises as prescribed in this clause shall be carried out in accordance with the provisions of law on management and use of state capital invested in production and business at enterprises, the law on irrigation, relevant laws and the following provisions:

- The implementation of the rights and obligations of enterprises related to irrigation infrastructure assets must ensure the State's ownership of irrigation infrastructure assets assigned to the enterprise for management.

- Determination of maintenance costs of irrigation infrastructure assets is carried out in accordance with the provisions of law on maintenance of construction works and the law on irrigation. Maintenance costs of irrigation infrastructure assets are included in the price of irrigation products and services in accordance with the provisions of law on price of irrigation products and services and the State's support policy in the management and exploitation of irrigation works and other relevant legal provisions.

- Enterprises are responsible for fully implementing the reporting regime on the management and use of irrigation infrastructure assets as prescribed in Section 6, Chapter II of this Decree.

- For irrigation works that are no longer needed for irrigation purposes and the enterprise voluntarily returns the land associated with the works to the locality, the land recovery and compensation and support when the State recovers the land shall be implemented in accordance with the provisions of the law on land.

- Enterprises are responsible for completing legal documents on land, implementing management and use of land associated with construction works according to the provisions of land law, irrigation law and related laws.

7- The use of land funds to create capital for developing irrigation infrastructure is implemented in accordance with the provisions of the law on land.

2 options for classifying irrigation infrastructure assets

The Decree clearly states the classification of irrigation infrastructure assets according to two options: Classification by asset function and classification by management level.

Classification by function of assets includes:

a- Dams, reservoirs, culverts, pumping stations, water conduction and transfer systems, embankments and irrigation embankments in accordance with the provisions of the law on irrigation.

b- The working headquarters and office of the entity assigned the irrigation infrastructure assets are located within the protection area of ​​the irrigation works.

c- Other assets serving irrigation management and exploitation include: Management house, management station, management road; monitoring equipment; warehouse, material yard; boundary markers, signs and other works and structures serving irrigation management and exploitation.

Classification by management level includes:

a- Irrigation infrastructure assets under the management of the Ministry of Agriculture and Rural Development are especially important irrigation works, irrigation works whose exploitation and protection involve two or more provinces or centrally run cities.

b- Irrigation infrastructure assets under the management of the Provincial People's Committee are irrigation works not covered by Point a of this Clause.

The Decree clearly states that irrigation infrastructure assets related to national defense and security are determined according to the provisions of the law on irrigation and the law on protection of important works related to national defense and security.

In addition, the Decree also clearly stipulates the authority to decide, the order and procedures for handing over irrigation infrastructure assets managed by: the Ministry of Agriculture and Rural Development, the Provincial People's Committee, the District People's Committee; records of irrigation infrastructure asset management; maintenance of irrigation infrastructure assets...



Source: https://baodautu.vn/ban-hanh-nghi-dinh-quy-dinh-viec-quan-ly-su-dung-va-khai-thiac-tai-san-ket-cau-ha-tang-thuy-loi-d240232.html

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