Circular prescribing the delegation of authority by the Minister of Construction in the field of managing and utilizing state assets; investing, purchasing, repairing, renovating, upgrading assets, equipment using funds from regular budget expenditures

 

 

CIRCULAR

Regulating the delegation of authority of the Minister of Building and Urbanism in the field of managing and utilizing state-owned assets; investment construction, procurement, maintenance, repair, renovation, and upgrading of assets and equipment using funds from regular budget expenditures

Cognizance of Decree No. 63/2025/QH15 on Organization of the Government;

Cognizance of Decree No. 89/2025/QH15 on State Budget;

 

Cognizance of Law on Managing and Utilizing State-Owned Assets, as amended and supplemented by Laws Nos. 64/2020/QH14, 7/2022/QH15, 24/2023/QH15, 31/2024/QH15, 43/2024/QH15, and 56/2024/QH15, and Law No. 90/2025/QH15;

Cognizance of Decree No. 135/2025/QH15 on Construction;

Cognizance of Decree No. 33/2025/NĐ-CP of the Government regulating functions, tasks, powers, and organizational structure of the Ministry of Building and Urbanism;

Cognizance of Decree No. 78/2025/NĐ-CP of the Government detailing certain provisions and measures to organize, guide, and implement Law on Formulating Normative Legal Documents as amended by Decree No. 187/2025/NĐ-CP of the Government;

Cognizance of Decree No. 77/2025/NĐ-CP of the Government regulating authority, procedures for establishing full public ownership in assets and handling assets with established full public ownership;

Cognizance of Decree No. 72/2023/NĐ-CP of the Government regulating standards and quotas for using motor vehicles as amended by Decree No. 153/2025/NĐ-CP of the Government;

Cognizance of Decree No. 155/2025/NĐ-CP of the Government regulating standards and quotas for using office premises and activity facilities of public institutions;

Cognizance of Decree No. 186/2025/NĐ-CP of the Government detailing certain provisions of Law on Managing and Utilizing State-Owned Assets;

Cognizance of Decree No. 45/2026/NĐ-CP of the Government regulating management of investment in information technology applications using state budget funds;

Cognizance of Decree No. 104/2026/NĐ-CP of the Government detailing certain provisions of Law on State Budget for preparing budgets, managing, utilizing, and settling regular budget expenditures to implement tasks specified in Article 40 of the Law on State Budget;

Cognizance of Decision No. 15/2025/QD-TTg of the Prime Minister regulating standards and quotas for using machinery and equipment as amended by Decision No.

10/2026/QD-TTg

 of the Prime Minister;In accordance with the proposal of the Director of the Planning and Finance Department,The Minister of Building and Urbanism promulgates this Circular to regulate the delegation of authority of the Minister of Building and Urbanism in the field of managing and utilizing state-owned assets; investment construction, procurement, maintenance, repair, renovation, and upgrading of assets and equipment using funds from regular budget expenditures.

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of application and parties to be governed

1. Scope of application

 

a) This Circular regulates the delegation of authority of the Minister of Building and Urbanism in the field of managing and utilizing state-owned assets; investment construction, procurement, maintenance, repair, renovation, and upgrading of assets and equipment using funds from regular budget expenditures.

b) This Circular does not apply to infrastructure assets under the jurisdiction of the Ministry of Building and Urbanism.

2. Parties to be governed

This Circular applies to departments and units directly subordinate to the Ministry of Building and Urbanism, departments and units entrusted with managing and utilizing state-owned assets, departments and units using state budget funds, and organizations and individuals related to the delegation in the field of managing and utilizing state-owned assets; investment construction, procurement, maintenance, repair, renovation, and upgrading of assets and equipment using funds from regular budget expenditures.

2. Scope of Application

This Circular applies to the organs and units directly subordinate to the Ministry of Construction, organs and units entrusted with the management and use of state assets, organs and units utilizing state budget funds, organizations, and individuals related to the delegation in the field of managing and using state assets; investing in construction, purchasing, repairing, renovating, and upgrading assets and equipment using regular budgetary funds.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. The organs and units directly under the Ministry of Construction include the Office of the Ministry, the Bureaus under the Ministry, and public sector units directly managed by the Ministry of Construction. Organs and units within the scope of management of the Ministry of Construction include organs and units directly under the Ministry of Construction as well as organs and units within the organizational structure of such organs and units.

2. The organs and units entrusted with managing and utilizing state assets are organs and units within the scope of management of the Ministry of Construction that have been entrusted to manage and utilize state assets in accordance with the provisions of the law on managing and utilizing state assets.

3. Organs and units using budgetary funds are organs and units assigned by the Minister of Construction a budgetary forecast in accordance with the provisions of the law on state budget.

Article 3. Principles of Delegation of Authority

The delegation of authority by the Minister for managing, utilizing state assets; construction investment, procurement, maintenance, renovation, upgrading of assets and equipment using recurrent expenditure from the state budget shall ensure compliance with the provisions on delegation in the Law on Organization of the Government and the following principles:

1. Ensuring unified and comprehensive management in the field of managing, utilizing state assets; construction investment, procurement, maintenance, renovation, upgrading of assets and equipment using recurrent expenditure from the state budget.

2. The delegation is linked to the goal of shortening the process for handling matters, reducing intermediary steps, and enhancing work efficiency; strengthening the autonomy and responsibility of organs and units and their leaders; increasing initiative and flexibility in performing official duties.

3. In cases where an organ or unit simultaneously falls under multiple application subjects as stipulated in this Circular, the authority and responsibilities in the field of managing, utilizing state assets, construction investment, procurement, maintenance, renovation, upgrading of assets and equipment shall be determined according to each delegated task and authority.

 

Chapter II

DELEGATION OF AUTHORITY FOR MANAGING AND UTILIZING STATE ASSETS; CONSTRUCTION INVESTMENT, PROCUREMENT, MAINTENANCE, RENOVATION,

Article 4. Delegation of Authority for Deciding on the Allocation of Assets in Kind and Determining the Objectives and Levels of Cost Allocation for Machinery and Equipment

 

Heads of organs and units directly under the Ministry shall decide:

1. The allocation of assets in kind to subordinate organs and units, except for types of assets including: assets from projects utilizing state funds, land for construction of office premises.

2. The objectives and levels of cost allocation for machinery and equipment for civil servants, public officials, and other individuals within the scope of management.

Article 5. Delegation of Authority for Exploitation and Disposal of State Assets

Heads of organs and units directly under the Ministry shall decide:

1. The exploitation of state assets within the scope of management.

2. Approve the Business Plan for utilizing state assets at public sector units within the scope of management for business purposes, leasing, joint ventures, or cooperative arrangements.

3. Establish full ownership rights over state assets and approve the disposal plan for assets transferred voluntarily by the owner to the State of Vietnam through the Ministry of Construction where specific organs and units or budgetary using units under such organs and units are identified as the recipients, managers, and users of the assets.

4. Recover and transfer state assets and materials recovered during maintenance and repair between units within the scope of management, except for types of assets including: office premises, operational facilities.

5. Sell or liquidate state assets within the scope of management with a book value below 20 billion dong per asset unit or an appraised value below 1 billion dong per asset unit (where the original cost cannot be determined), except for types of assets including: office premises, operational facilities.

6. Dispose of assets within the scope of management with a book value below 20 billion dong per asset unit for scrapping, except for types of assets including: office premises, operational facilities.

7. Handle state assets within the scope of management in cases of loss or destruction where the book value is below 20 billion dong per asset unit, except for types of assets including: office premises, operational facilities.

7. Disposal of Assets within the Scope of Management in Case of Loss or Destruction Where the Original Value is Less than 20 billion dong per asset unit, except for types of assets including: working premises and operational facilities.

Article 6. Authority to Equip Machinery and Equipment for Work Positions and General Operations; Determine Standards and Quotas for Specialized Areas

The Head of Each Departmental Unit shall decide:

1. Supplementing the quantity of machinery and equipment for work positions, or supplementing other types of machinery and equipment for general operations at offices, to facilitate e-government, digitalization, science, technology, innovation, and tasks assigned.

2. Adjusting the price level of machinery and equipment for work positions and general operations when such adjustment is more than 15% but not exceeding 30% higher than the price standards set by the Prime Minister's Decision on the standard and quota for using machinery and equipment.

3. The provisions concerning the allocation of machinery and equipment as stipulated in Clause 3, Article 5 of Decision No. 15/2025/QĐ-TTg shall not include the contents specified in Paragraph 1 hereof.

4. Standards and quotas for specialized areas serving special operations of departments and units under its jurisdiction, excluding public sector entities that self-finance their recurrent expenditures and capital investments.

Article 7. Delegation of Authority to Utilize Public Assets at Public Sector Entities Participating in Public-Private Partnership Investment Projects; Approving Disposal Plans for Assets Serving Project Operations

The Head of Each Departmental Unit shall decide:

1. Utilizing public assets from entities under its management to participate in investment projects through a public-private partnership, excluding office premises and operational facilities.

2. Approving disposal plans for assets serving project operations managed by the department or unit (excluding transfers of assets outside units under its jurisdiction), except for assets such as office premises and operational facilities.

Article 8. Delegation of Authority to Purchase, Repair, Retrofit, Upgrade Assets and Equipment; Repair, Retrofit, Expand, Construct New Project Components Using Regular Budgetary Funds

1. The Head of Each Departmental Unit specified in Paragraphs 1, 3, and 4 of Circular No. 2 shall approve or adjust investment tasks for purchasing, repairing, retrofitting, upgrading assets and equipment serving the operations of their own department or unit with a budget execution below 45 billion dong per task.

2. The Head of Each Departmental Unit entrusted with managing and utilizing public assets may approve or adjust investment tasks for repairing, retrofitting, upgrading, expanding, constructing new project components in projects already constructed using regular budgetary funds as stipulated by the law on construction investment.

 

Chapter III

POWERS, OBLIGATIONS AND RESPONSIBILITIES OF AUDITING

 

Article 9. Powers and Obligations of Units and Individuals in Implementing Delegation

1. Department of Planning and Finance

a) Monitoring the implementation by departmental units and organizations of the provisions of this Circular;

b) Developing, submitting to the Minister of Construction for issuance, an audit plan on the implementation of delegated tasks by departments, organizations, and units as specified in this Circular;

c) Proposing to the Minister of Construction cases where delegation should be temporarily suspended according to the provisions of this Circular.

2. Units and Individuals Delegated Authority

a) Bearing legal responsibility and before the Minister of Construction for the results of implementing delegated tasks and authorities; compliance with procedures, formalities, and time limits as stipulated by law for matters delegated;

b) Self-auditing the observance of laws and regulations concerning their own units' duties and authorities as specified in this Circular and specialized sectoral laws and regulations;

c) Departmental Units monitoring, supervising, evaluating the implementation of provisions in this Circular by subordinate units under its jurisdiction;

d) Promptly proposing or reporting to the Minister of Construction for examination and adjustment or suspension of delegation rules to ensure compliance with legal requirements, work needs of the unit, and necessary conditions for implementing delegated tasks; submitting a report on the results and implementation status of duties and authorities delegated by this Circular before February 28th each year.

Article 10. Inspection of the Implementation of Delegated Tasks and Authorities

1. Principles of Inspection

a) Ensuring no overlap in content, subject matter, period of inspection between units and avoiding overlap with state management agency functions related to planned supervision, inspection, and auditing;

b) Ensuring independence, truthfulness, objectivity, transparency, and publicity; proceeding according to prescribed procedures, content, and time;

c) Inspection not hindering the normal operations of inspected units or individuals and other agencies, organizations, or persons.

2. Methods of Implementation

a) Self-inspection method;

b) Regular and surprise inspection methods according to plans approved by competent authorities or when there are signs of violation of legal provisions in budget management, public asset management, investment construction, procurement, maintenance, and equipment.

3. Units Conducting Inspections

The following agencies shall be responsible for assisting the Minister of Construction in inspecting the implementation of delegated tasks and authorities of organizations and individuals as stipulated in this Circular:

a) For self-inspection: the agency or organization that has been delegated tasks and authorities to implement them;

b) For regular and surprise inspections:

The Planning and Finance Department shall inspect the implementation of delegated tasks and authorities for subordinate agencies, units directly managing public finances, managing public assets, investment construction, procurement, maintenance, and equipment;

Subordinate agencies of the Ministry of Construction shall inspect the implementation of delegated tasks and authorities for agencies and units under their management.

 

Chapter IV

CONDITIONS FOR IMPLEMENTATION

 

Article 11. Transitional Provisions

1. For tasks and investment projects using regular budget funds that have been approved by competent authorities in accordance with legal provisions before the effective date of this Circular, there is no need to adjust previously issued decisions if there are changes in decision-making authority as stipulated in this Circular. The next steps (including any adjustments) shall be carried out according to the authority provisions in this Circular.

2. For maintenance, renovation, upgrading, expansion, and construction of office premises that have been approved by competent authorities in accordance with legal provisions but are not yet completed at the time this Circular becomes effective, heads of agencies or units directly managing and using the facilities shall exercise the investment decision-making authority as stipulated in Article 8 of this Circular to conduct inspections and approve final financial settlement for completed projects.

Article 12. Effective Date

1. This Circular takes effect from August 1, 2026.

2. From the date this Circular takes effect, all previous provisions of the Minister of Construction regarding delegated authority management and public asset utilization cease to be effective./.