Chapter VI
TRANSFER OF PROJECT WORKS
Article 35. General regulations on transfer of project works
1. For a BOT work, after the expiration of the work operation duration specified in Clause 2, Article 20 of this Decree, the investor shall transfer without compensation such BOT work to the competent state agency.
2. For a BTO work, after completing the work under Clause 2, Article 20 of this Decree, the investor shall transfer without compensation the work to the competent state agency and may continue operating the work under the conditions agreed in the project contract.
3. For a BT work, after completing the work under Clause 3, Article 20 of this Decree, the investor shall transfer the work to the competent state agency under the conditions indicated in the project contract.
Article 36. Finalization and transfer of BOT works
1. Within 6 months after completing a project work as agreed in the project contract, the investor shall make a dossier of finalization of the value of work construction investment capital in accordance with the construction law.
2. The competent state agency shall agree with the investor on the selection of a capable and experienced independent audit institution to audit the value of investment capital for the project work construction.
3. The transfer of a work complies with the following procedures and conditions:
a/ One year before the date of transfer or within the time limit agreed in the project contract, the investor or the project enterprise shall publish on newspapers such transfer and issues relating to procedures and time limit for liquidation of contracts and payment of debts;
b/ The competent state agency shall inspect the quality, value and practical conditions of the work against the agreements in the project contract, list the transferred assets, determine damage (if any) and request the project enterprise to repair or maintain the work;
c/ The investor and the project enterprise shall ensure that the transferred assets are neither used as assets for guaranteeing the fulfillment of financial obligations nor mortgaged or pledged for securing the fulfillment of other obligations of the investor or the project enterprise arising before the time of transfer, unless otherwise provided for in the project contract;
d/ The project enterprise shall transfer technologies, provide training and conduct regular maintenance and overhaul of the work to ensure technical conditions for the normal operation of the work in compliance with the requirements of the project contract;
e/ After receiving a project work, the competent state agency shall manage and operate it according to its functions and competence.
Article 37. Transfer of BT and BTO works
1. BT works shall be transferred under the conditions and procedures specified in Article 36 of this Decree.
2. In addition to the provisions in Clause 2, Article 35 and Points b and c, Clause 3, Article 36, BTO works shall be transferred under agreements in project contracts.
3. The Ministry of Finance shall guide the finalization of the value of project works under Article 36 and this Article.
Tìm kiếm
Nghị định 108/2009/NĐ-CP (Bản Word)