New regulations on management, use and exploitation of maritime infrastructure assets

Maritime infrastructure assets are maritime infrastructure works according to the provisions of the law on maritime and the land, water, and sea areas associated with maritime infrastructure (if any), including: Ports, buoys...

The Decree stipulates that maritime infrastructure assets are maritime infrastructure works according to the provisions of the law on maritime and land, water and sea areas associated with maritime infrastructure (if any), including:

a) Port, buoy terminal.

b) Headquarters, service facilities, warehouses, yards, factories and other ancillary works in the port area.

c) Traffic information system, communication system, electricity and water system in the port area.

d) Lighthouses and stations attached to lighthouses; independent beacons.

d) Buoys, markers, stations and piers serving the management and operation of buoys.

e) Maritime traffic monitoring and coordination system (VTS).

g) Breakwaters, sand-blocking dykes, diversion dykes, bank protection dykes.

h) Shipping channels, pilot boarding and disembarkation areas, quarantine areas.

i) Transit areas, anchorage areas, storm shelters in seaport waters.

k) The Vietnam Coastal Information System includes machinery, equipment, buildings, structures and auxiliary works directly serving the operations of the Vietnam Coastal Information System.

3 methods of exploiting maritime infrastructure assets

The Decree specifically stipulates three methods of exploiting maritime infrastructure assets, including:

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

b) Leasing the right to exploit maritime infrastructure assets.

c) Temporary transfer of the right to exploit maritime infrastructure assets.

Revenue from exploitation of maritime infrastructure assets

Decree stipulating revenue from exploitation of maritime infrastructure assets includes:

a) Fees and charges as prescribed by law on fees and charges.

b) Revenue from maritime infrastructure service fees and other revenues related to service provision as prescribed by law.

c) Revenue from leasing the right to exploit assets, transferring the right to exploit maritime infrastructure assets for a limited period of time.

d) Other revenues (if any) as prescribed by law.

The Decree clearly states: In the process of managing, using and exploiting maritime infrastructure assets, in case of construction and installation of telecommunications works on maritime infrastructure assets, the construction and installation of telecommunications works on the assets shall comply with the provisions of the law on telecommunications; it is not necessary to prepare and approve the exploitation project and carry out the exploitation of the assets as prescribed in this Decree; the management and use of the amount of money collected from the permission to construct and install telecommunications works on maritime infrastructure assets shall comply with the provisions at Point b, Clause 1, Article 17 of this Decree.

In case of concession for business and management of maritime infrastructure assets under the Operation and Management (O&M) Contract, during the contract implementation period, the concession for business and management of maritime infrastructure assets shall be implemented in accordance with the provisions of law on investment under the public-private partnership method; it is not necessary to prepare and approve the exploitation project and implement the exploitation of assets according to the provisions of this Decree.

Form of handling maritime infrastructure assets

Decree 84/2025/ND-CP specifically stipulates the forms of handling maritime infrastructure assets, including:

1. Revocation.

2. Transfer.

3. Transfer to local management and processing.

4. Liquidation.

5. Handling of assets in case of loss or damage.

6. Handling of maritime infrastructure assets in case the owner's representative agency approves the plan to invest in additional charter capital at an enterprise in which the State holds 100% of the charter capital equal to the value of maritime infrastructure assets.

7. Other forms of handling according to the provisions of law or the decision of the Prime Minister.

Management and use of proceeds from the disposal of maritime infrastructure assets

According to Decree 84/2025/ND-CP, all proceeds from the disposal of maritime infrastructure assets (including compensation for damages, if any) shall be deposited into a temporary account at the State Treasury owned by the following agency:

a) The agency designated by the Ministry of Construction to be the account holder for assets managed by the central asset management agency.

b) Department of Finance for assets managed by local asset management agencies.

Decree 84/2025/ND-CP also specifically stipulates costs related to the handling of maritime infrastructure assets, including: a) Costs of inventory and measurement; b) Costs of relocation, demolition, and destruction; c) Costs of price determination and appraisal; d) Costs of organizing the sale of recovered materials and supplies; e) Costs of protecting and preserving assets pending handling; e) Other reasonable related costs.

Regarding expenditure levels, for expenditure items that have standards, norms and regimes prescribed by competent state agencies, implementation shall comply with the standards, norms and regimes prescribed by competent state agencies.

For the service rental contents related to asset handling, it is carried out according to the contract signed between the asset management agency and the service provider. The selection of the service provider related to asset handling is carried out according to the provisions of relevant laws.

For expenditures outside the above scope, the head of the asset management agency shall decide on the expenditure level, ensuring compliance with the current financial management regime of the State and shall be responsible for his/her decisions.

Decree 84/2025/ND-CP stipulates: Every 6 months (no later than June 30 and December 31), the temporary account holder shall pay to the central budget (for revenues from handling assets under central management) and the local budget (for revenues from handling assets under local management) for revenues from handling assets: a) Having completed the payment of expenses or having a written confirmation that no expenses have arisen from the asset management agency; b) Or after 30 days from the date the asset management agency deposited money into the temporary account, the temporary account holder has not received the request for payment of expenses or the request for extension of payment deadline from the asset management agency.

In case the amount of money collected from asset disposal is not enough to cover the costs, the remaining amount will be allocated in the state budget expenditure estimate to the asset management agency.

Thanh Quang

Source: https://baochinhphu.vn/quy-dinh-moi-ve-quan-ly-su-dung-va-khai-thiac-tai-san-ket-cau-ha-tang-hang-hai-102250404184006222.htm