New regulations on management and exploitation of railway infrastructure assets

Kinhtedothi - The Government issued Decree No. 15/2025/ND-CP regulating the management, use and exploitation of railway infrastructure assets.

Effective management, use and exploitation of railway infrastructure assets

Scope and form of management of national railway infrastructure assets

The Decree clearly states that all existing national railway infrastructure assets are assigned to national railway asset management enterprises without calculating the state capital component in the enterprise.

Railway infrastructure assets are railway works and items as prescribed by law on railways and land attached to railway works.

The authority, order and procedures for handing over national railway infrastructure assets in the form of excluding the state capital component in enterprises shall be implemented according to the provisions of Article 6 of this Decree.

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

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

- In case the investment project approved by the competent authority or person identifies the beneficiary of the assets as the result of the project implementation process and that beneficiary is the national railway asset management enterprise, 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 national railway asset management enterprise; it is not necessary to re-perform the asset handover procedures as prescribed in this Decree.

- In case the investment project approved by the competent authority or person identifies the beneficiary of the assets as the result of the project implementation process but that beneficiary is not the enterprise managing the national railway assets, it 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 assets, the assets will be transferred from the beneficiary to the Ministry of Transport to hand over to the enterprise managing the national railway assets; the transfer is carried out according to the provisions (*) 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 the law on railways and other relevant laws. In case there is a need to transfer assets to the Ministry of Transport to hand over to an enterprise to manage national railway assets, the provisions (*) 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 assigning the management enterprise or transferring the national railway infrastructure assets to the Ministry of Transport for assignment to the national railway asset management enterprise shall be implemented in accordance with the regulations on handling assets resulting from projects using state capital in the law on management and use of public assets; it is not necessary to re-implement the asset assignment procedures as prescribed in this Decree.

The Decree clearly states that for railway infrastructure assets managed by entities other than the national railway asset management enterprise, if the entity currently managing the assets needs to transfer the assets to the Ministry of Transport to hand over to the national railway asset management enterprise, the authority, order and procedures for transferring assets shall be implemented in accordance with the provisions of relevant laws; it is not necessary to re-implement the asset handover procedures as prescribed in this Decree. In cases where relevant laws do not have provisions on the authority, order and procedures for transferring assets, the authority, order and procedures prescribed in Clause 2 and Clause 3, Article 23 of this Decree shall be applied to decide and implement the asset transfer. (*)

Form of handling national railway infrastructure assets

Decree providing specific regulations on management, use and exploitation of national railway infrastructure assets assigned to enterprises to manage railway assets in the form of excluding the state capital component in the enterprise.

According to the Decree, the forms of handling national railway infrastructure assets include: Asset recovery; asset transfer; transfer of assets to local management and handling; asset liquidation; handling of assets in case of loss or destruction; other forms of handling according to the provisions of law.

Regarding the recovery of national railway infrastructure assets, the Decree clearly states that railway infrastructure assets are recovered in the following cases: 1- When there is a change in planning or management decentralization; 2- Assets have been assigned but are no longer needed as railway infrastructure assets; 3- Assets are assigned to the wrong subjects; 4- Other cases as prescribed by law.

The Minister of Transport decides to recover national railway infrastructure assets under his management. Recovered railway infrastructure assets are handled in the following forms: Transfer; transfer to local management and handling according to regulations.

Source: https://kinhtedothi.vn/quy-dinh-moi-ve-quan-ly-khai-thac-tai-san-ket-cau-ha-tang-duong-sat.html