Enforcement Rules of Act for Promotion of Private Participation in Infrastructure Projects Article 74

The operating assets and equipment obtained from the construction and operation by the private institution as specified in Paragraph 2, Article 51 of the Act shall mean the assets and equipment obtained from the construction and operation of the infrastructure projects essential for continuing operation of the infrastructure projects during the term of construction and operation.The authority in charge may consent to the transfer, lease or creation of any encumbrance on the operating assets and equipment specified in the preceding Paragraph if any of the following provisions are met without affecting the normal operation of the infrastructure projects:1. The operating assets and equipment are not required to be transferred to the government according to the concession agreement; or2. Where the operating assets and equipment are required to be transferred to the government after the operation period expires according to the concession agreement, the operating assets and equipment may be transferred before the date set for transfer, with the condition of not affecting the transfer upon expiration; the term of lease or any encumbrance is limited to the timeframe of the permitted operation period; there must be a plan or a fund to repay the debt when an encumbrance is created.