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ENTERPRISES ALLOWED EXPLOITING DAMS, RESERVOIRS, PUMPING STATIONS

On November 16, 2017, the Government issued the Decree No. 129/2017/ND-CP on prescribing the management, use and exploitation of hydraulic-work infrastructure assets.

In particular, all Hydraulic-work infrastructure assets (including dams (hydraulic-work dams and their attached auxiliary works), reservoirs (including main dams, spillways, sluices, reservoir beds) invested in or managed by the State shall step by step accurately and fully calculate expenses for use and maintenance of hydraulic-work infrastructure assets and for exploitation of such assets under the market mechanism.

The Decree details the methods of exploitation of hydraulic-work infrastructure assets invested in by the State: the State's assignment of assets to units exploiting hydraulic-work infrastructure assets for exploitation; lease of the right to exploit hydraulic-work infrastructure assets;  definite-term transfer of the right to exploit hydraulic-work infrastructure assets; and other methods prescribed by law.

Big hydraulic works or particularly important hydraulic works shall be assigned to an enterprise for exploitation by the method of order placement or task assignment or another method prescribed in this Decree; hydraulic-work infrastructure assets shall be assigned to a unit exploiting hydraulic-work infrastructure assets for exploitation by the method of bidding or order placement or another method prescribed in this Decree.

The use of hydraulic-work infrastructure assets for commercial provision of products and services must not affect irrigation, water drainage, and provision of public hydraulic-work products and services.

This Decree takes effect on January 01, 2018.

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