Chương III Nghị định 46/2018/NĐ-CP: Tổ chức thực hiện

Chapter III

IMPLEMENTATION

Article 29. Implementation responsibilities

1. Responsibilities of the Ministry of Transport:

a. Take charge to promulgate the regulations on maintenance of national railway infrastructure.

b. Direct and provide guidelines for making specific lists of national railway infrastructure facilities for the purposes of accounting, depreciation determination, reporting and building railway infrastructure database.

c. Take charge and cooperate with the Ministry of Finance to build national railway infrastructure database to integrate it into the national database of public property; make a report on the management, use and operation of national railway infrastructure, payment in responsibility and adequacy, as prescribed in the law on management and use of public property and as requested by the competent authorities. 

d. Cooperate with the Ministry of Finance in providing guidelines to determine the rent and starting price of national railway infrastructure in form of lease or concession.

dd. Perform other tasks and exercise other rights as prescribed in this Decree.

2. Responsibilities of the Ministry of Transport:

a. Provide regulations on accounting of national railway infrastructure.

b. Provide regulations on management and depreciation of national railway infrastructure.

c. Provide guidelines for determining rent or starting price for auction of national railway infrastructure in form of lease or concession.

d. Take charge and cooperate with the Ministry of Transport to provide guidelines for integrating the national railway infrastructure database into the national database of public property.

dd. Perform other tasks and exercise other rights as prescribed in this Decree.

3. The relevant ministries, central agencies, People’s Committees of provinces and central affiliated cities shall cooperate with the Ministry of Transport and Ministry of Finance in managing, using and operating the national railway infrastructure as prescribed in this Decree.

Article 30. Transitional regulations

1. Within 12 months, from the date on which this Decree comes into effect, the Ministry of Transport shall direct the managing agency mentioned in clause 2, Article 2 hereof to cooperate with relevant agencies, organizations or enterprises in checking, classifying and determining the value of existing national railway infrastructure in order to manage, use and operate the infrastructure in accordance with this Decree. 

While checking, classifying, preparing and approving the plan on handing over the management of national railway infrastructure, the Ministry of Transport shall direct the relevant agencies or organizations in managing and using the aforesaid infrastructure as prescribed in the law on public property, special law on railway and other relevant laws to keep the train operation smooth and safe.

2. As for the contract for operation of national railway infrastructure signed by the competent authority before the effective date of this Decree, the regulations in the aforesaid contract shall continue to be implemented until its expiry date.   All amendments made to the aforesaid contract from the effective date of this Decree shall comply with the regulations hereof.

3. The disposal of national railway infrastructure stated in the decision issued by the competent authority before the effective date of this Decree shall continue to be completed; other tasks remain unperformed until the effective date of this Decree and the management and use of proceeds from such disposal shall be carried out in accordance with this Decree.

Article 31. Entry into force

1. This Decree shall come into force from March 14, 2018.

2. The Ministers, Heads of ministerial agencies, Heads of governmental agencies, Chairpersons of People’s Committees of provinces and central affiliated cities and Heads of relevant agencies shall implement this Decree.

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