All national railway infrastructure assets shall be assigned by the State to subjects for management and use in accordance with law, and upon handing over and receiving national railway infrastructure assets, they must be make a record.
1. What is the form of minutes of handover of national railway infrastructure assets?
The form of minutes of handover and receipt of national railway infrastructure assets is a form of minutes made in which one party is the transferor and the other is the receiver.
The form of minutes of handover and receipt of national railway infrastructure assets is used to record the process of handing over and receiving national railway infrastructure assets.
2. Sample minutes of handover and receipt of national railway infrastructure assets:
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
MINUTES OF HANDLING AND RECEIVING
NATIONAL RAIL INFRASTRUCTURE ASSETS
Pursuant to the Government’s Decree No. 46/2018/ND-CP dated March 14, 2018 stipulating the management, use and exploitation of national railway infrastructure assets;
Pursuant to Decision No…\…. date… month… year… of about ……;
Today, day…month…year…., at …….., the handover and receipt of national railway infrastructure assets are carried out as follows: (1)
I. PARTICIPANTS PARTICIPATING IN HANDLING AND ACCESSING (2)
1. Representative of the assignor:
Grandparents): ……. Position: ……
Grandparents): ………. Position: …
2. Representative of the receiving party:
Grandparents): ……. Position: …
Grandparents): ……. Position: …
3. Representative of the witnessing agency (if any);
Mr. (Mrs.): …… Position: ……
Grandparents): ……. Position: …
II. CONTENTS HANDLING AND ACCESSING
1. List of assets handed over and received (3)
2. Documents related to the management and use of property handed over and received:.(4)
3. Responsibilities of forwarders: (5)
a) Responsibilities of the Transferor: ……
b) Responsibilities of the Recipient: ……
Opinions of the parties involved in handing over and receiving:…(6)
PARTY REPRESENTATIVE
(Signature, full name, stamp)
REPRESENTATIVE PARITES
(Signature, full name, stamp)
3. Drafting instructions:
(1): Fill in the date, month, year, and place of making the minutes
(2): Fill in names and positions of participants in handing over and receiving (including deliverer, receiver, representative of witnessing agency)
(3): Fill in the list of assets handed over and received
(4): Fill in the documents related to the management and use of the property handed over and received
(5): Fill in the responsibilities of the forwarders
(6): Fill in the opinions of the parties involved in handing over and receiving
5. Regulations on the list of national railway infrastructure assets:
Pursuant to Decree 46/2018/ND-CP stipulating the management, use and exploitation of national railway infrastructure assets
List of national railway infrastructure assets ( Article 4)
– National railway infrastructure assets, including land associated with national railway infrastructure, are divided into two categories: National railway infrastructure assets directly related to train operation and financial assets. National railway infrastructure assets are not directly related to train operation.
– National railway infrastructure assets directly related to train operation are works, items of national railway works or other ancillary works directly serving train operation, passenger pick-up and drop-off, loading and unloading of goods, including:
+ National railways, bridges, culverts, tunnels, embankments, retaining walls, crossroads, barriers between national railways and roads;
+ Stations (railway in stations, roads in stations serving train operations, train waiting rooms, warehouses and storage yards for goods transported by railway directly related to train operation, train control room, reservation room) signal information equipment, platform, platform roof, intersection, overpass for passengers in the station, log cabin);
+ Depo (a place to gather ships, maintain and repair ships, perform other technical operations);
+ Command rooms for train operations at national railway transport operation centers;
+ Water supply and drainage system; signal information; power supply directly related to train operation;
+ Supply and demand, road supply, national railway signal information supply, house placing national railway signal information equipment, bridge guard house, tunnel guard house, guard house blocking the crossing.
– National railway infrastructure assets that are not directly related to train operation are national railway works, work items or other ancillary works that do not belong to the properties specified in Clause 2 of this Article, including: :
+ Roads in the station do not serve train operations;
+ Station Square;
+ Goods warehouses and yards not directly related to train operation;
+ Service and commercial works (sales, accommodation, other services) at national railway stations;
+ Working house of state agencies in station area;
+ Other works and work items not directly related to train operation.
– National railway infrastructure assets related to national defense and security specified in Clauses 1, 2 and 3 of this Article shall be determined according to the provisions of law on protection of important works. related to national defense and security.
In the course of operation, in case it is necessary to adjust the classification of assets among the groups specified in Clauses 2 and 3 of this Article, the Prime Minister shall consider and decide at the proposal of the Minister of Transport. transportation and opinion of the Ministry of Finance.
Assign management of national railway infrastructure assets (Article 5)
The Prime Minister decides:
+ Assigning national railway infrastructure assets to railway infrastructure business enterprises in the form of state capital investment in enterprises in accordance with the law on management and use of state capital investment. invest in production and business at enterprises based on the proposal of the Minister of Transport and opinions of relevant agencies;
+ To hand over the national railway infrastructure assets to the agency assigned to manage the property specified in Clause 2, Article 2 of this Decree (an agency assisting the Minister of Transport in performing the function of managing the railway infrastructure). country specialized in railway) management on the basis of the proposal of the Minister of Transport and opinions of relevant agencies for assets related to national defense and security and property. formed from investment projects decided by the Prime Minister according to regulations;
+ Assigning assets of national railway infrastructure to railway infrastructure enterprises in which 100% of charter capital is held by the State, excluding state capital in the enterprise.
– Based on the actual situation of management and use of national railway infrastructure assets, in case the national railway infrastructure assets must be handed over to railway infrastructure business enterprises, the State shall decide to transfer the national railway infrastructure assets to the railway infrastructure enterprises. If a country holds 100% of the management charter capital, excluding the state capital component in the enterprise for a certain period of time, the Ministry of Transport shall assume the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in, formulating a scheme. submit to the Prime Minister for consideration and decision. The management, use and exploitation of assets in case they are assigned to enterprises for management shall comply with the provisions of Article 99 of the Law on Management and Use of Public Assets, a scheme approved by the Prime Minister accordingly. with the provisions of this Decree and relevant laws; The Ministry of Transport is responsible for promulgating regulations on coordination between enterprises assigned to manage assets and agencies performing the specialized state management function on railways in the management, use and exploitation of railway assets. products according to regulations.
– The Minister of Transport shall decide to assign national railway infrastructure assets that are not within the scope specified in Clause 1 of this Article to the agency assigned to manage the property specified in Clause 2, Article 2 of the Decree. This management.
– Dossier of request for assignment of national railway infrastructure asset management to the agency assigned to manage the property specified at Point b, Clause 1 and Clause 2 of this Article:
+ A written request from the agency assigned to manage the property: 01 original;
+ Minutes of reviewing and classifying the list of assets or property documents handed over and put into use: 01 original;
+ List of assets assigned to manage (name of property, quantity, condition, original price, residual value): 01 original;
+ Other relevant documents (if any): 01 copy.
– The order and procedures for handing over national railway infrastructure assets to the agency assigned to manage the property are specified at Point b, Clause 1 and Clause 2 of this Article:
+ Within 12 months from the effective date of this Decree (for existing assets) or 60 days from the date on which national railway infrastructure assets are completed, handed over and put into use. (for newly constructed or purchased assets), the Ministry of Transport shall direct the agency assigned to manage the property specified in Clause 2, Article 2 of this Decree to coordinate with the agencies and organizations in charge of managing the property. management and use of assets, complete the review, classification and valuation of assets, make 01 set of application for assignment of property management as prescribed in Clause 3 of this Article, and report to the Ministry of Transport. Funds for organizing and performing the review and classification of assets shall be allocated from the state budget in accordance with the law on state budget;
+ Within 30 days after receiving complete and valid dossiers, the Minister of Transport shall consider and decide to assign management of national railway infrastructure assets according to his/her competence;
+ Within 30 days from the date of receipt of a complete and valid dossier, the Ministry of Transport shall send a document (enclosed with a copy of the dossier specified in Clause 3 of this Article) to collect comments from relevant agencies. related to the plan on assigning management of national railway infrastructure assets for assets under the assignment competence of the Prime Minister.
Within 30 days from the date of receipt of a complete and valid dossier from the Ministry of Transport, relevant agencies are responsible for giving opinions according to their functions and tasks on the plan for delivery of structural property. national railway infrastructure.
Within 30 days from the date of receipt of comments from relevant agencies, the Minister of Transport shall send a written document (enclosed with a copy of the dossier specified in Clause 3 of this Article and the written opinion). of relevant agencies) to report to the Prime Minister for consideration and decision on assignment of management of national railway infrastructure assets;
+ The main contents of the decision on assignment of asset management include: Name of the agency assigned to manage the property; list of assets assigned to manage (asset name, quantity, condition, original price, residual value); responsibility for organizing the implementation;
+ Within 30 days from the date of issuance of the decision on assignment of property management by a competent agency or person, the Ministry of Transport shall direct the organization to hand over and receive road infrastructure assets. national iron according to regulations. The handover and receipt of the property shall be made in a minute using the Form No. 01 specified in the Appendix to this Decree.
– The order and procedures for transferring national railway infrastructure assets to railway infrastructure business enterprises in the form of state capital investment in enterprises shall comply with the provisions of law on management of railway infrastructure. management and use of state capital to invest in production and business at enterprises, specialized law on railways and relevant laws.
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