Decree No. 50/2025/NĐ-CP amends and supplements certain articles of the Decree detailing the Law on Management and Use of State Property. The main contents include the authority to decide on procurement, leasing, allocation, exploitation, and disposal of state property; procedures for implementing these activities within the scope of management of ministries, central agencies, or localities.
适用范围
Ministers, Heads of Ministries equivalent to ministries, agencies under the Government, Provincial People's Councils, heads of public service units, and organizations and individuals related to the management and use of state property.
要点
- Ministers, Heads of Central Agencies decide or delegate the authority to procure, lease, allocate, exploit, and dispose of state property to units under their jurisdiction.
- Provincial People's Councils decide or delegate the authority to procure, lease, allocate, exploit, and dispose of state property to units under their jurisdiction.
- The authority to decide on the recovery of state property is clearly defined for Ministers, Heads of Central Agencies, and Provincial People's Committees.
- The sale of state property must be conducted openly through auction, except in cases where it can be sold through listed price or designated sale.
- The authority to decide on the liquidation of state property is also clearly defined for Ministers, Heads of Central Agencies, and Provincial People's Councils.
🌐 本文件的社会影响
- Positive impact: Enhancing the effectiveness of the management and use of state property through the transparency of procurement, leasing, allocation, exploitation, and disposal procedures.
- Negative impact: Increased costs for public service units when they have to comply with auction regulations during the sale of state property.
- Benefits for citizens: Clear definitions of decision-making authorities and implementation procedures help reduce corruption and improve the efficiency of state property use.
❓ 常见问题
How is the authority to procure state property delegated?
Ministers, Heads of Central Agencies decide or delegate the authority to procure state property to units under their jurisdiction. Provincial People's Councils also have the authority to delegate this to units under their jurisdiction.
How should the sale of state property be carried out?
The sale of state property must be conducted openly through auction, except in cases where it can be sold through listed price or designated sale.
Who has the authority to decide on the recovery of state property?
The authority to decide on the recovery of state property belongs to Ministers, Heads of Central Agencies, and Provincial People's Committees.
How is the liquidation of state property regulated?
Liquidation of state property is carried out when the asset has reached its end of useful life or is damaged beyond repair. The authority to decide on liquidation belongs to Ministers, Heads of Central Agencies, and Provincial People's Councils.
How is the disposal of state property handled in cases of merger or consolidation?
State agencies conduct inventory and classification of assets; determine surplus assets or those requiring disposal. The legal entity resulting from the merger is responsible for continuing to manage and dispose of the assets in accordance with regulations.
全文
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CHÍNH PHWithin 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision). |
SOCIALIST REPUBLIC OF VIET NAM |
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Provincial People's Committees set specific pricesDecision No. 50/2025/NĐ-CP |
Hà Nộidated February 28, 2025 |
DECREE
AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE DECREES ISSUED TO DETAIL SEVERAL PROVISIONS OF THE LAW ON MANAGEMENT AND USE OF STATE ASSETS
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;
Pursuant to the Law amending and supplementing certain provisions of the Securities Law, the Accounting Law, the Independent Audit Law, the State Budget Law, the Law on Management and Use of State Assets, the Tax Administration Law, the National Reserve Law, the Personal Income Tax Law, and the Administrative Violations Handling Law dated November 29, 2024;
At the proposal of the Minister of Finance;
The Government promulgates the Decree amending and supplementing certain provisions of the decrees detailing several provisions of the Law on Management and Use of State Assets.
Article 1. Amending and supplementing certain provisions of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing several provisions of the Law on Management and Use of State Assets (amended and supplemented by Decree No. 114/2024/NĐ-CP dated September 15, 2024 of the Government).
1.Amending and supplementing Clause 2 Article 3 (amended and supplemented by Clause 2 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"2. Theauthority to decide on procurement of state assets in cases not falling within the scope provided for in Clause 1 of this Article shall be carried out as follows:
a)The Minister, Head of a ministry-level agency, or central agency (hereinafter referred to as the Minister or Head of a central agency) decides or delegates the authority to decide on procurement of state assets serving the activities of state agencies under their management.
b)The People's Council at the provincial level decides or delegates the authority to decide on procurement of state assets serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law."
2.Amending and supplementing Clause 2 Article 3a (amended and supplemented by Clause 3 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"2. TheThe
a)authority to decide on procurement of consumable items:
b)The Minister or Head of a central agency decides or delegates the authority to decide on procurement of consumable items serving the activities of state agencies under their management.
The People's Council at the provincial level decides or delegates the authority to decide on procurement of consumable items serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".3.
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:a)
Amending and supplementing Clause 1 as follows:"1. The
a)authority to decide on leasing of assets:
b)The Minister or Head of a central agency decides or delegates the authority to decide on leasing of assets serving the activities of state agencies under their management.
The People's Council at the provincial level decides or delegates the authority to decide on leasing of assets serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".b)
Supplementing Clause 4 after Clause 3 as follows:"4. Lease-purchase is
the act where the leasing agency purchases the asset and pays a certain portion of the asset's value to the lessor in advance according to the agreement, the remaining amount is calculated as lease payments to be paid to the lessor over a specified period agreed upon by both parties; after the lease-purchase period ends and all remaining amounts have been paid, ownership of the asset transfers to the leasing agency which then has the responsibility to record the increase in assets and manage and use the asset in accordance with the Law and this Decree.".4.
Amending and supplementing Clause 1 as follows:Amending and supplementing Clauses 1, 2, and 3 of Article 4a (amended and supplemented by Clause 5 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Theauthority to decide on transferring state assets in accordance with Clause 3 of Article 29 of the Law, except in the cases stipulated in Clauses 2 and 3 of this Article.
2. Theauthority and procedures for transferring state assets of projects funded by state capital shall be implemented in accordance with Section 1 Chapter VI of the Law and Chapter IX of this Decree.
3. Theauthority and procedures for transferring state assets that have established full ownership rights shall be implemented in accordance with Section 2 Chapter VI of the Law and the Government Decree detailing the authority and procedures for establishing full ownership rights over assets and handling assets with established full ownership rights.".
5.Amending and supplementing Point b Clause 4 Article 10b (amended and supplemented by Clause 7 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"b) Theauthority to decide on exploitation:
b1) TheMinister or Head of a central agency decides or delegates the authority to exploit state assets at state agencies under their management;
b2) ThePeople's Council at the provincial level decides or delegates the authority to exploit state assets at state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".
"Article 6.
The issuance of work permits is governed by the following legal documents as prescribed by current laws: i) Decree No. 34/2008/NĐ-CP dated March 25, 2008, on the recruitment and management of foreign workers in Vietnam; ii) Decree No. 46/2011/NĐ-CP dated June 17, 2011, amending certain provisions of Decree No. 34/2008/NĐ-CP; and iii) Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decrees No. 34 and No. 46.Amending and supplementing Article 17 (amended and supplemented by Clause 9 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
17. Authority to decide on recovery of state assetsThe authority to decide on recovery of state assets in the cases provided for in Clause 1 of Article 41 of the Law is as follows:
2. 1. The
Minister or Head of a central agency decides or delegates the authority to recover state assets of state agencies under their management, except in the case stipulated in Clause 2 of this Article.The People's Committee at the provincial level decides on recovering office premises of state agencies under central management within its territory.
3. ThePeople's Council at the provincial level decides or delegates the authority to recover state assets of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".
"Article 7.
Amending and supplementing Article 19 (amended and supplemented by Clause 11 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:19. Disposal and exploitation of state assets with a decision to recover made by the competent agency or person
The issuance of work permits is governed by the following legal documents as prescribed by current laws: i) Decree No. 34/2008/NĐ-CP dated March 25, 2008, on the recruitment and management of foreign workers in Vietnam; ii) Decree No. 46/2011/NĐ-CP dated June 17, 2011, amending certain provisions of Decree No. 34/2008/NĐ-CP; and iii) Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decrees No. 34 and No. 46.The authority, procedure, and process for handling state assets with a decision to recover issued by competent authorities according to the forms prescribed in Points a, b, c, and d Clause 4 Article 41 of the Law shall be implemented in accordance with the provisions of Articles 4a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of this Decree. However, the proposal document for handling assets in the application file for handling assets shall be replaced by the disposal plan for recovered assets established by the agency assigned to manage state assets as stipulated in Point c Clause 1 Article 18 of this Decree; wherein the reason for the proposal is to handle the recovered assets.
2.Scope and form of utilizing state assets with a recovery decision but without a disposal decision from the competent authority:
a)Arranging office premises, public service bases with a recovery decision (including or not including other assets currently at the office premises, public service bases) for state agencies, people's armed forces units, public service organizations, Communist Party of Vietnam agencies, Vietnam Fatherland Front, political-social organizations temporarily for the period without assets or during the time of implementing renovation, repair, upgrading, and new construction of office premises, public service bases according to the proposal of the agency, organization, unit, and its superior management agency (if any).
b) Duringthe temporary utilization period, the agency, organization, or unit is responsible for using the assets for the intended purpose; implementing payment for electricity, water, labor service costs, security costs, renovation, maintenance, and repair costs (if any), and other related costs (excluding depreciation, wear and tear costs of assets, land rental fees) and accounting them as operational expenses of the agency, organization, or unit or incorporating them into the cost of new construction, repair, upgrade, and renovation of office premises, public service bases according to projects and tasks approved by the competent authority. Renovation and repair (if any) of buildings and works during the temporary utilization period shall be carried out by the agency, organization, or unit utilizing them temporarily in accordance with relevant laws.
2. TheThe authority establishing and approving utilization plans and disposal plans for state assets according to the forms prescribed in Point đ, Point e Clause 4 Article 41 of the Law:
a) The agencyassigned to implement the task of managing state assets as stipulated in Clause 2 Article 19 of the Law is responsible for establishing disposal and utilization plans for state assets recovered by the competent authority as stipulated in Clause 1 Article 17 of this Decree, and submitting them to the Minister or Head of the Central Agency for approval.
b) The agencyassigned to implement the task of managing provincial-level state assets as stipulated in Clause 3 Article 19 of the Law is responsible for establishing disposal and utilization plans for state assets recovered by provincial-level competent authorities, and submitting them to the Provincial People's Committee for approval.
c) The agency assigned to implement the task of managing district-level state assets as stipulated in Clause 3 Article 19 of the Law is responsible for establishing disposal and utilization plans for state assets recovered by district-level and commune-level competent authorities, and submitting them to the District People's Committee for approval.
4.Documents submitted to the competent authority for approval of utilization plans and disposal plans for state assets according to the forms prescribed in Point đ, Point e Clause 4 Article 41 of the Law include:
a) Adocument from the competent authority establishing the plan as stipulated in Clause 3 of this Article requesting approval of the disposal and utilization plan for assets with a recovery decision: One original copy.
b) Thedisposal and utilization plan for assets established by the competent authority establishing the plan as stipulated in Clause 3 of this Article: One original copy.
Thedisposal and utilization plan is a proposal on the form of disposal as prescribed in Point đ, Point e Clause 4 Article 41 of the Law or the form of utilization as prescribed in Clause 2 of this Article for each asset with a Recovery Decision.
c) Thedecision to recover assets issued by the competent authority: One copy.
d) Otherdocuments related to the assets and proposed disposal and utilization plans: One copy.
5. Withinthirty days from the date the competent authority approves the disposal and utilization plan for assets as stipulated in Clause 3 of this Article, the agency assigned to manage state assets is responsible for implementing the handover and acceptance of assets according to the approved disposal and utilization plan. The handover and acceptance of assets shall be recorded in a Protocol according to Model No. 01/TSC-BBGN promulgated together with this Decree.
- Office of the President of the StateFor assets that are managed and utilized by land development organizations, the disposal of assets attached to land when the State implements land allocation or lease according to the Land Law shall be carried out in accordance with the provisions of Point g6 Clause 3 Article 35a of this Decree.
- Office of the President of the StateFor assets that are utilized, after the expiration of the utilization period according to the approved plan or upon issuance of a disposal decision by the competent authority, the agency, organization, or unit temporarily utilizing the assets is responsible for handing over the assets back to the agency assigned to manage state assets to continue establishing the disposal and utilization plan for the assets according to this Article; the agency, organization, or unit temporarily utilizing the assets is responsible for ensuring that the handed-over assets are in normal operation and functioning.
6.In cases where the agency assigned to manage state assets is also the agency proposing the competent authority to issue the Recovery Decision, it may submit the disposal and utilization plan for assets simultaneously with the proposal for asset recovery for the competent authority to consider and approve in one Decision.
7. The agencyUpon receiving recovered assets, the entity assigned to perform the state asset management tasks as stipulated in Point c Clause 1 Article 18 of this Decree shall be responsible for opening a record to track and calculate depreciation of fixed assets according to regulations applicable to state agencies until the completion of asset disposal. Costs incurred during the management of unrecovered and unprocessed assets (costs for protection, preservation, repair, and maintenance of assets) shall be borne by the entity assigned to perform state asset management tasks as stipulated in Point c Clause 1 Article 18 of this Decree and shall be allocated within the regular budget of the entity assigned to perform state asset management tasks.
8.Amend and supplement Clause 1 Article 20 (amended and supplemented at Clause 12 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing Clause 1 as follows:The authority to decide on the transfer of state assets between state agencies, people's armed forces units, public service organizations, Party organizations of the Communist Party of Vietnam, Vietnam Fatherland Front, and political-social organizations shall be regulated as follows:
a) The Minister of Finance shall decide on the transfer of state assets between ministries, central agencies, between central and local levels, and among provinces and centrally-administered cities based on proposals from the Ministers, Heads of Central Agencies, and Chairpersons of Provincial People's Committees involved.
The People's Council at the provincial level decides or delegates the authority to decide on leasing of assets serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".The Ministers, Heads of Central Agencies shall decide or delegate the authority to decide on the transfer of state assets between agencies, organizations, and units under their jurisdiction.
c) HThe Provincial People's Council shall decide or delegate the authority to decide on the transfer of state assets between agencies, organizations, and units under local jurisdiction as provided for in Clause 2 Article 17 of the Law.
9.Amend and supplement Clause 2 Article 21 (amended and supplemented at Clause 13 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
“2. Within thirty days from the date of receipt of complete and valid files, the agency or person with the authority as stipulated in Article 20 of this Decree shall decide on the transfer of state assets or issue a response in writing in cases where the request for transfer is not appropriate.In cases where the transfer of state assets falls under the decision-making authority of the Prime Minister as stipulated in Point a Clause 2 Article 20 of this Decree, the Minister of National Defense and the Minister of Public Security shall submit to the Prime Minister for consideration and decision.
- Regarding compensation.In cases where the transfer of state assets falls under the decision-making authority of the Prime Minister as stipulated in Point b Clause 2 Article 20 of this Decree, based on the proposal of the Ministers, Heads of Central Agencies, and Chairpersons of Provincial People's Committees involved, the Minister of Finance shall submit to the Prime Minister for consideration and decision.
- Regarding compensation.In cases where the transfer of state assets falls under the decision-making authority of the Provincial People's Council or District People's Council, the entity assigned to perform state asset management tasks at the provincial or district level as stipulated in Clause 3 Article 19 of the Law shall be responsible for compiling and submitting to the Provincial or District People's Committee for reporting to the Provincial or District People's Council for consideration and decision.”
- Regarding compensation.10.
Amend and supplement Clause 2 Article 22 (amended and supplemented at Clause 14 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:The authority to decide on the sale of state assets in the cases specified in Points a, b, and c Clause 1 Article 43 of the Law shall be regulated as follows:
"2. TheThe Ministers, Heads of Central Agencies shall decide or delegate the authority to decide on the sale of fixed assets at state agencies under their jurisdiction.
a)The Provincial People's Council shall decide or delegate the authority to decide on the sale of fixed assets at state agencies under local jurisdiction as provided for in Clause 2 Article 17 of the Law.
b)c) The head of the state agency entrusted with managing and using state assets shall decide to sell the following:
c1) State assets that are fixed assets within the authority delegated by the Ministers, Heads of Central Agencies, and Provincial People's Councils.c2) State assets that are not fixed assets.
11.Amend and supplement Article 23 (amended and supplemented at Clause 15 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
23. Procedures and formalities for selling state assets1. State agencies having state assets in the cases specified in Points a, b, and c Clause 1 Article 43 of the Law shall prepare one set of application files for selling state assets to be submitted to the superior management agency (if any) for review and to propose to the agency or person with the authority as stipulated in Clause 2 Article 22 of this Decree for consideration and decision.
The application file for selling state assets includes:a) The application for selling state assets from the agency entrusted with managing and using state assets (specifying the form of sale if it has been determined): one original copy.
"Article b) The application for selling state assets from the superior management agency (if any): one original copy.
c) A list of assets proposed for sale (type, quantity; condition; original cost, remaining value according to accounting records; current purpose; reason for sale): one original copy.d) Other relevant documents related to the application for selling assets (if any): one copy.
H2. Within thirty days from the date of receipt of complete and valid files, the agency or person with the authority as stipulated in Clause 2 Article 22 of this Decree shall examine and decide on the sale of state assets or issue a response in writing in cases where the request for sale is not appropriate.
a) AThe main contents of the Decision on Selling State Assets include:
a) The state agency having assets for sale.b) List of assets for sale (type, quantity; original cost, remaining value according to accounting records; reason for sale).
c) Form of sale (if the form of sale has been determined, it shall be directly recorded in the Decision, if not determined, it shall be decided by the head of the agency entrusted with organizing the sale of assets based on the provisions of Clause 1 Article 24, Clause 1 Article 26, and Clause 1 Article 27 of this Decree). d) The agency entrusted with organizing the sale of state assets.
f) Management and use of proceeds from the sale of assets.g) Validity period of the Decision (maximum six months from the date of issuance of the Decision).
3. The agency or person shall implement the Decision on Selling State Assets strictly in accordance with the provisions of this Decree.Within thirty days from the date of receiving complete and valid documents, the agency or person authorized as stipulated in Clause 2, Article 22 of this Decree shall examine and decide on selling state assets or issue a response in writing in cases where the request for sale is not appropriate.
N |||The main contents of the Decision on selling state assets include:
a) The agency owning theasset to be sold.
b) List of assets to be sold (type, quantity; original cost, remaining value according to accounting books; reasons for sale).
c) Method ofselling the asset (if the method of sale has been determined, it shall be directly recorded in the Decision; if not determined, the head of the agency assigned the task of organizing the sale of assets shall decide on the specific method based on the provisions of Clause 1, Article 24, Clause 1, Article 26, and Clause 1, Article 27 of this Decree).
d) Agencyassigned the task of organizing the sale of state assets.
e) Management anduse of proceeds from the sale of assets.
f) Effectiveperiod of the Decision (maximum six months, counted from the date of issuance of the Decision).
3. Agencies,The competent authority deciding to sell state assets shall assign the state agency holding the state assets or the agency entrusted with the task of managing state assets as prescribed in Clauses 2 and 3 of Article 19 of the Law to be responsible for organizing the sale of state assets.
- Regarding compensation.In cases where the agency or person with the authority assigns the responsibility to organize the sale of state assets to the agency entrusted with the task of managing state assets as prescribed in Clauses 2 and 3 of Article 19 of the Law, it shall be implemented according to the following principles:
a) The agencyThe agency entrusted with the task of managing state assets as prescribed in Clause 2 of Article 19 of the Law shall organize the sale of state assets decided to be sold by the Minister, Head of a central agency.
b) The agencyThe agency entrusted with the task of managing state assets at provincial level as prescribed in Clause 3 of Article 19 of the Law shall organize the sale of state assets decided to be sold by the Provincial People's Council or the Provincial People's Committee, Chairman of the Provincial People's Committee, based on the division of responsibilities by the Provincial People's Council.
c) The agency assigned to implement the task of managing district-level state assets as stipulated in Clause 3 of Article 19 of the Law shall organize the sale of state assets decided to be sold by the District People's Council, District People's Committee, Chairman of the District People's Committee, based on the division of responsibilities by the Provincial People's Council.
4. Basedon the Decision on selling state assets of the agency or person with the authority, the agency entrusted with the task of organizing the sale of state assets as prescribed in Clause 3 of this Article shall be responsible for implementing the sale of assets in accordance with Articles 24, 25, 26, and 27 of this Decree. In case the validity period of the Decision expires without completing the sale, the following actions shall be taken:
a) Ifthe sale continues, within five working days from the date the Decision becomes invalid, the state agency holding the state assets shall issue a document clearly stating the progress of implementation, reasons for not completing the sale, and propose an extension period, report to the superior management agency (if any) to report to the agency or person with the authority to decide on the sale for consideration and decision to extend the Sale Decision to continue the sale (the extension period shall not exceed six months from the date of the Extension Decision).
b) Ifthe sale does not continue, within five working days from the date the Decision becomes invalid, the state agency holding the assets shall prepare a dossier and report to the agency or person with the authority for consideration and decision on handling according to the forms prescribed in Clauses 1, 2, 2a, 5, 6, 7, and 8 of Article 40 of the Law.
5. WithinWithin thirty days from the completion of the asset sale, the state agency selling the assets shall record the reduction in assets; report on the declaration of changes in state assets in accordance with Articles 126 and 127 of this Decree.
6. Proceduresand formalities for liquidating state assets through sale shall be carried out in accordance with the provisions of Articles 29 and 31 of this Decree."
12. Amending and supplementing Article 24 (amended and supplemented in Clause 16 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:24. Selling state assets through public auction
"Article The sale of state assets must be conducted openly through public auction, except for cases allowed to be sold through fixed-price listing or designated sale as prescribed in Clause 1 of Article 26 and Clause 1 of Article 27 of this Decree.
Amending and supplementing Article 19 (amended and supplemented by Clause 11 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:2. Determination of the starting price:
a) The head of the agency entrusted with the task of organizing the sale of assets as prescribed in Clause 3 of Article 23 of this Decree decides the starting price of the auctioned assets ensuring that it is consistent with the market price of similar assets or assets with equivalent technical standards, quality, and origin at the time of price determination.b) The head of the agency entrusted with the task of organizing the sale of assets as prescribed in Clause 3 of Article 23 of this Decree establishes a valuation committee in accordance with the law on prices or hires a valuation enterprise to conduct a valuation to serve as the basis for determining the starting price.
The valuation by the valuation committee or the valuation enterprise shall be carried out in accordance with the law on prices. The selection of the valuation enterprise shall be carried out in accordance with relevant laws.c) The price of the asset determined under this clause does not include value-added tax (VAT).
3. Persons who are not allowed to participate in the auction of state assets shall comply with the provisions of the law on auction of assets.4. The agency entrusted with the task of organizing the sale of assets as prescribed in Clause 3 of Article 23 of this Decree shall hire an organization engaged in the business of auctioning assets to organize the auction; the selection of the organization engaged in the business of auctioning assets shall be carried out in accordance with the law on auction of assets and relevant laws. In case it is not possible to hire an organization engaged in the business of auctioning assets, a Valuation Committee for Auctioning Assets shall be established to conduct the auction; the establishment and operation of the Valuation Committee for Auctioning Assets shall be carried out in accordance with the law on auction of assets.
With5. The procedures and formalities for auctioning state assets shall be carried out in accordance with the law on auction of assets. Information about the auction of state assets shall be publicly announced in accordance with the law on auction of assets. The agency entrusted with the task of organizing the sale of assets shall supervise the process of organizing the auction and other rights and obligations of the owner of the auctioned assets in accordance with the law on auction of assets.
6. The selling price of state assets through public auction is the winning bid price. Within seven working days from the date of receipt of the auction results transferred by the organization engaged in the business of auctioning assets or the Valuation Committee for Auctioning Assets, the agency entrusted with the task of organizing the sale of assets shall sign a Purchase and Sale Contract with the winning bidder. The Purchase and Sale Contract for auctioned assets shall be carried out in accordance with the civil law.7. Payment for purchasing assets shall be carried out as follows:
a) Withinfive working days from the date of signing the Purchase and Sale Contract, the buyer of the asset shall be responsible for paying the purchase price to the agency entrusted with the task of organizing the sale of assets as prescribed in Clause 3 of Article 23 of this Decree. The agency entrusted with the task of organizing the sale of assets as prescribed in Clause 3 of Article 23 of this Decree shall deposit the money into a temporary account within three working days from the date of receiving the sale proceeds, while sending a copy of the Purchase and Sale Contract to the holder of the temporary account.
4. The competent authority,4. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall engage an organization practicing auction of assets to organize the auction; the selection of such organizations shall be carried out in accordance with the laws on auction of assets and related laws. In case it is not possible to engage an organization practicing auction of assets, a Committee for Auctioning Assets shall be established to conduct the auction; the establishment and operation of the Committee for Auctioning Assets shall be conducted in accordance with the laws on auction of assets.
5. Procedures andformalities for auctioning state assets shall be implemented in accordance with the laws on auction of assets. Information about the auction of state assets shall be publicly posted and announced in accordance with the laws on auction of assets. The agency assigned the task of organizing the sale of assets shall supervise the process of organizing the auction and other rights and obligations of the owner of the auctioned asset in accordance with the laws on auction of assets.
6. The selling price of stateassets through auction is the winning bid price. Within seven working days from the date of receipt of the auction result transferred by the organization practicing auction of assets or the Committee for Auctioning Assets, the agency assigned the task of organizing the sale of assets shall sign a Purchase and Sale Contract with the winning bidder. The Purchase and Sale Contract for auctioned assets shall be implemented in accordance with the laws on civil matters.
7. Payment for purchasing assets shall be carried out as follows:a) Within
five working days from the date of signing the Purchase and Sale Contract, the buyer of the asset shall be responsible for paying the purchase price to the agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall deposit the money into a temporary holding account within three working days from the date of receipt of the sale proceeds, while sending a copy of the Purchase and Sale Contract to the holder of the temporary holding account.The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall be responsible for issuing sales invoices for state assets to the buyer in accordance with this Decree and the regulations on invoices and certificates. Delivery of the asset to the buyer shall be made at the location of the asset after the buyer has completed payment.
b) IfIn case the buyer fails to pay the full purchase price within the time limit specified in point a of this clause, the agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall terminate the signed contract and the buyer must compensate for the amount corresponding to the deposit paid. The agency assigned the task of organizing the sale of assets may sell the asset to the person who bid next highest at the auction if that bid, when added to the advance payment, is at least equal to the winning bid and the person who bid next highest agrees to purchase the asset. If the next highest bid plus the advance payment is lower than the winning bid or the person who bid next highest does not agree to purchase the asset, the agency assigned the task of organizing the sale of assets shall handle it according to the provisions of Article 25 of this Decree.
The issuance of work permits is governed by the following legal documents as prescribed by current laws: i) Decree No. 34/2008/NĐ-CP dated March 25, 2008, on the recruitment and management of foreign workers in Vietnam; ii) Decree No. 46/2011/NĐ-CP dated June 17, 2011, amending certain provisions of Decree No. 34/2008/NĐ-CP; and iii) Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decrees No. 34 and No. 46.The specific deadline for payment and the regulations regarding the cancellation of the contract must be clearly stated in the Auction Sale Regulation and the Asset Purchase Contract.
8. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree is responsible for issuing sales invoices for state assets to the buyer in accordance with this Decree and the regulations on invoices and certificates. The transfer of assets to the buyer shall be carried out at the location where the asset is located after the buyer has completed the payment.Within five working days from the date of signing the Minutes of Determination or the Electronic Transaction System regarding state assets notifying the right to purchase the asset, the person entitled to purchase the asset shall be responsible for signing the Purchase and Sale Contract and paying the purchase price to the agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall deposit the money into a temporary holding account within three working days from the date of receipt of the sale proceeds.
13.Amend and supplement Clause 6 of Article 26 as follows:
"6. Within five working days from the date of signing the Minutes of Determination or the notification from the Property Transaction System about the right to purchase the asset, the person entitled to purchase the asset shall sign the Asset Purchase Contract and pay the purchase price to the agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall deposit the money into the temporary holding account within three working days from the date of receipt of the sale proceeds."14. The People's Council of the province decides or delegates authority to decide on the liquidation of fixed state assets at state agencies under its management scope in accordance with Clause 2, Article 17 of the Law.
With14.
The head of the state agency entrusted with managing and using state assets decides on the liquidation of state assets that are fixed assets within the authority delegated by the Minister, Head of Central Agencies, or Provincial People's Council.Amend and supplement Article 28 (amended and supplemented in Clause 20, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 28. Authority to decide on the liquidation of state assets
The issuance of work permits is governed by the following legal documents as prescribed by current laws: i) Decree No. 34/2008/NĐ-CP dated March 25, 2008, on the recruitment and management of foreign workers in Vietnam; ii) Decree No. 46/2011/NĐ-CP dated June 17, 2011, amending certain provisions of Decree No. 34/2008/NĐ-CP; and iii) Circular No. 31/2011/TT-BLDTBXH dated November 3, 2011, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of Decrees No. 34 and No. 46.The authority to decide on the liquidation of state assets in the cases provided for in Clause 1, Article 45 of the Law is defined as follows:
17. Authority to decide on recovery of state assetsThe Minister, Head of the central agency decides or delegates the authority to decide on the liquidation of fixed assets of state agencies under their management.
2. The People's Council of the province decides or delegates the authority to decide on the liquidation of fixed assets of state agencies under local management as prescribed in Clause 2, Article 17 of the Law.State assets that have reached their usage period and must be liquidated according to the law; state assets that have not yet reached their usage period but are damaged and cannot be repaired or the repair is not effective (estimated repair costs exceed 30% of the investment cost for constructing or purchasing new assets of the same type or having equivalent technical standards, quality, and origin at the time of liquidation), office buildings or other assets attached to land that must be demolished according to the decision of the agency or person with authority, the state agency owning the assets shall prepare one set of documents requesting the liquidation of state assets, submit to the higher-level management agency (if any) for review, and propose to the agency or person with authority as stipulated in Article 28 of this Decree for examination and decision.
3. The head of the state agency entrusted with managing and using state assets decides on the liquidation of:Management and
a) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.use of proceeds from the liquidation of assets (if any).
b) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.1. State agencies having state assets in the cases specified in Points a, b, and c Clause 1 Article 43 of the Law shall prepare one set of application files for selling state assets to be submitted to the superior management agency (if any) for review and to propose to the agency or person with the authority as stipulated in Clause 2 Article 22 of this Decree for consideration and decision.
15.Amend and supplement Article 29 (amended and supplemented in Clause 21, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 29. Procedures and formalities for the liquidation of state assets
1. When state assets have reached the end of their useful life as prescribed by law and need to be liquidated; state assets have not yet reached the end of their useful life but are damaged and cannot be repaired or the repair is not cost-effective (estimated repair costs exceed 30% of the investment value of constructing, purchasing, or acquiring similar assets with equivalent technical standards, quality, and origin at the time of liquidation), buildings or other assets attached to land that must be demolished according to the decision of the competent authority, the state agency owning the asset shall prepare one set of documents to request the liquidation of state assets, submit to the superior management agency (if any) for review, and propose to the competent authority as prescribed in Article 28 of this Decree for consideration and decision.Implementation organization.
HThe documents requesting the liquidation of state assets include:
a) Aa) A request for the liquidation of state assets by the state agency entrusted with managing and using state assets (specifying the responsibility for organizing the liquidation of assets; estimated repair costs in the case of determining that repairs are not cost-effective, based on quotations from repair units): one original copy.
a) The state agency having assets for sale.b) A request for the liquidation of state assets by the superior management agency (if any): one original copy.
c) Form of sale (if the form of sale has been determined, it shall be directly recorded in the Decision, if not determined, it shall be decided by the head of the agency entrusted with organizing the sale of assets based on the provisions of Clause 1 Article 24, Clause 1 Article 26, and Clause 1 Article 27 of this Decree). c) Information on the assets proposed for liquidation (type, quantity, area; condition; original cost, remaining value according to accounting records; method of liquidation; reasons for liquidation): one original copy.
d) Written opinions of the construction department under the provincial or district People's Committee or the appraisal report of the consulting unit with appraisal functions regarding the condition of the asset and its repairability (for buildings or construction projects that have not yet reached the end of their useful life but are damaged and cannot be repaired): one copy.
e) Other relevant documents related to the request for liquidation of assets (if any): one copy.Within thirty days from the date of receiving complete and valid documents, the competent authority as prescribed in Article 28 of this Decree shall decide on the liquidation of assets or respond in writing in cases where the request for liquidation is inappropriate.
3. The agency or person shall implement the Decision on Selling State Assets strictly in accordance with the provisions of this Decree.The main contents of the Decision on the Liquidation of State Assets include:
N |||a) List of assets to be liquidated.
a) The agency owning theb) Information on assets to be liquidated (type, quantity, area; original cost, remaining value according to accounting records; reasons for liquidation).
b) List of c) Method of liquidation (sale; demolition, cancellation).
c) Method ofd) Management and use of funds obtained from the liquidation of assets (if applicable).
e) Responsibility for organizing implementation.Within sixty days (for office buildings and other assets attached to land), thirty days (for other assets), from the date of the decision on the liquidation of assets by the agency or person with authority, the state agency owning the assets to be liquidated shall organize the liquidation of assets in accordance with Articles 30 and 31 of this Decree.
f) Responsibilities.Within thirty days from the completion of the liquidation of assets, the state agency owning the assets to be liquidated shall record the reduction of assets; report the declaration of asset changes in accordance with Articles 126 and 127 of this Decree.
3. Within sixty days (for office buildings and other assets attached to land), thirty days (for other assets), from the date of the decision on the liquidation of assets by the competent authority, the state agency owning the assets shall organize the liquidation of assets in accordance with Articles 30 and 31 of this Decree.Add Clause 5 after Clause 4 as follows:
4. Within thirty days from the completion of the liquidation of assets, the state agency owning the assets shall reduce the asset in accounting; report the changes in assets according to Articles 126 and 127 of this Decree."5. Materials recovered from demolition and cancellation as specified in Point a, Clause 3, Clause 4 of this Article shall be handled in accordance with Article 10a of this Decree."
5.In cases where property must be demolished or removed to implement an investment project according to the approved project by competent authorities or to clear land when the State recovers land, the state agency owning the property does not need to report to the competent authority for approval to liquidate public assets as stipulated herein. The demolition or removal of property shall be carried out as follows:
a) Demolition or removal of property to implement an investment project according to the approved project by competent authorities:In cases where the state agency owning the property is the Project Owner implementing the project, based on the demolition or removal content of property or clearance of land already approved in the project, the state agency owning the property shall organize the implementation of demolition or removal and handle materials recovered from demolition or removal in accordance with Article 30 of this Decree and the project approved by competent authorities.
- Regarding compensation.In cases where the state agency owning the property is not the Project Owner implementing the project, the state agency owning the property shall be responsible for transferring the property to the Project Management Board/Project Owner to implement the project; the transfer shall be recorded in a Protocol according to Model No. 01/TSC-BBGN issued together with this Decree. Based on the Protocol of property transfer, the state agency owning the property shall record the reduction of property in accordance with regulations. The Project Management Board/Project Owner to implement the project shall be responsible for organizing the implementation of demolition or removal of property to implement the project and handling materials recovered from demolition or removal in accordance with Article 30 of this Decree and the project approved by competent authorities.
- Regarding compensation.Demolition or removal costs shall be included in the project implementation costs; the amount of money obtained from the sale of recovered materials (if any) shall be managed and used according to the approved project (in case the project provides for it) or submitted to the state budget (in case the project does not provide for it).
b) Demolition or removal of property to clear land when the State recovers land:The state agency owning the property shall be responsible for transferring the property to be demolished or removed to the organization tasked with compensation and land clearance; the transfer shall be recorded in a Protocol according to Model No. 01/TSC-BBGN issued together with this Decree. Based on the Protocol of property transfer, the state agency owning the property shall record the reduction of property in accordance with regulations; the organization tasked with compensation and land clearance shall carry out compensation, support for land clearance, and handle property in accordance with laws on land.
In cases where buildings or works are constructed for temporary use within a specified period according to the decision of competent authorities or the approved project by competent authorities, after the end of the temporary use period, the state agency entrusted with managing and using the property shall be responsible for organizing the implementation of demolition or removal in accordance with Article 30 of this Decree, without needing to follow the procedure to report to competent authorities for approval to liquidate public assets as stipulated herein; the handling of materials recovered from demolition or removal shall be carried out in accordance with Article 10a of this Decree.”16. Amending and supplementing some clauses of Article 30 (amended and supplemented at Clause 22, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing Clause 3 as follows:“3. In cases where another organization or individual is hired to carry out demolition or removal of property, the selection of another organization or individual to carry out demolition or removal of property shall be carried out as follows:
6.In cases where another organization or individual is hired to carry out demolition or removal of property, the selection of the organization or individual to carry out demolition or removal shall be carried out in accordance with the provisions of the law on bidding.
In cases where demolition or removal of property is combined with the sale of recovered materials, the provisions of the law on bidding shall apply if the estimated demolition or removal costs are higher than the estimated value of recovered materials; auction shall be applied if the estimated demolition or removal costs are lower than the estimated value of recovered materials. The estimated value of recovered materials shall be determined in accordance with point b and point c of Clause 2, Article 24 of this Decree.The organization or individual selected through bidding or auction shall carry out demolition or removal of property combined with the sale of recovered materials, which shall be settled by offsetting the demolition costs and the value of recovered materials after demolition based on the results of bidding or auction.”
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:b) Amending and supplementing Clause 4 as follows:
“4. In cases where the state agency owning the property carries out the liquidation itself and demolishes or removes property, the head of the state agency owning the property shall decide to establish a Liquidation Committee to carry out demolition or removal of property. The Liquidation Committee shall be chaired by the head of the state agency owning the property or a person authorized to act as Chair, members being representatives of accounting departments, representatives of departments using the property, representatives of the trade union of the agency, and other members (if necessary). The demolition or removal shall be recorded in a Protocol.”c) Supplementing Clause 5 after Clause 4 as follows:
a) If“5. Materials recovered from demolition or removal as stipulated in point a of Clause 3 and Clause 4 of this Article shall be handled in accordance with Article 10a of this Decree.”
b) If17. Amending and supplementing Article 32 (amended and supplemented at Clause 24, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
d.1. Amount of taxable income in Vietnam:32. Authority to decide on the destruction of public assets at state agencies
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.The People's Council at the provincial level decides or delegates authority to decide on the destruction of fixed public assets at state agencies under local management in accordance with Clause 2 of Article 17 of the Law.
The head of the state agency entrusted with managing and using public assets decides on the destruction of:Fixed public assets within the delegated authority by the Minister, Head of central agencies, or the People's Council at the provincial level.
18. A17. Amend and supplement Article 32 (amended and supplemented at Clause 24, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
32. Authority to decide on the destruction of state assets at state agenciesin charge of managing assets, materials recovered from demolition or cancellation as stipulated in point a, Clause 3, and Clause 4 of this Article shall be handled in accordance with the provisions of Article 10a of this Decree.”
17. Amend and supplement Article 32 (amended and supplemented at Clause 24, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 32. Competence to decide on the destruction of state-owned property at state agencies
17. Authority to decide on recovery of state assetsThe Minister or the Head of the central agency decides or delegates the authority to decide on the destruction of fixed assets of state agencies under their management.
2. The People's Council of the province decides or delegates the authority to decide on the liquidation of fixed assets of state agencies under local management as prescribed in Clause 2, Article 17 of the Law.The People's Council at the provincial level decides or delegates the authority to decide on the destruction of fixed assets of state agencies under local management according to Clause 2, Article 17 of the Law.
3. The head of the state agency entrusted with managing and using state assets decides on the liquidation of:The head of the state agency entrusted with managing and using public assets decides on the destruction of public assets within the scope of authority delegated by the Minister, the Head of the central agency, or the Provincial People's Council.
a) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.Public assets that are fixed assets are decided upon for destruction within the authority delegated by the Minister, the Head of the central agency, or the Provincial People's Council.
b) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.1. State agencies having state assets in the cases specified in Points a, b, and c Clause 1 Article 43 of the Law shall prepare one set of application files for selling state assets to be submitted to the superior management agency (if any) for review and to propose to the agency or person with the authority as stipulated in Clause 2 Article 22 of this Decree for consideration and decision.
18. STo amend and supplement some clauses of Article 34 (amended and supplemented by Clause 25 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:a)
“1.The Minister, the head of central agencies decides or delegates the authority to decide on the disposal of state assets in cases of loss or destruction of fixed state assets under the management of state agencies within the scope of the ministry or central agency.”
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.To amend and supplement Clause 2 as follows:
“2.The People's Council at the provincial level decides or delegates the authority to decide on the disposal of state assets in cases of loss or destruction of fixed state assets under the management of local agencies according to Clause 2 of Article 17 of the Law.”
c)b) Amending and supplementing Clause 4 as follows:
“3.The head of the state agency entrusted with the management and use of state assets decides on the disposal in cases of loss or destruction of:
a) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.Public assets that are fixed assets are decided upon for destruction within the authority delegated by the Minister, the Head of the central agency, or the Provincial People's Council.
b) State assets that are fixed assets within the authority delegated by the Minister, Head of the central agency, or the People's Council of the province.1. State agencies having state assets in the cases specified in Points a, b, and c Clause 1 Article 43 of the Law shall prepare one set of application files for selling state assets to be submitted to the superior management agency (if any) for review and to propose to the agency or person with the authority as stipulated in Clause 2 Article 22 of this Decree for consideration and decision.
19.To amend and supplement some points and clauses of Article 35a (amended and supplemented by Clause 26 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:To amend and supplement Point c Clause 2 as follows:
“c) The Provincial People's Committee decides to transfer state assets of state agencies under local management to local functional agencies (specialized agencies under the Provincial People's Committee, land development organizations, organizations with functions to manage and operate local real estate, District People's Committees, specialized agencies under District People's Committees, Commune People's Committees) for management and disposal.”
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.To amend and supplement Point b Clause 3 as follows:
“b)For the cases provided for in Points a and b Clause 2 of this Article:
b1) Within thirty days from the date of receiving complete valid files, the agency or person with the authority provided for in Points a and b Clause 2 of this Article shall issue a written opinion attached with the file provided for in Point a of this clause and send it to the Provincial People's Committee where the asset is located or respond in writing in case the transfer request is not appropriate;b2) Within thirty days from the date of receiving the written opinion and complete valid files, the Provincial People's Committee where the asset is located shall be responsible for issuing a written opinion on the proposal to transfer the asset to local management and disposal;
b3) Within fifteen days from the date of receiving the written agreement to accept from the Provincial People's Committee where the asset is located or after thirty days from the date of sending the request for opinion and without receiving an opinion from the Provincial People's Committee where the asset is located, the agency or person with the authority provided for in Points a and b Clause 2 of this Article shall issue a Decision to transfer the asset to local management and disposal. The Provincial People's Committee where the asset is located shall bear responsibility before the law for issues within the scope of its administrative management functions in the case of not providing an opinion within the prescribed time limit.”To amend and supplement Point g Clause 3 as follows:
“g) After receiving the transferred asset, the receiving agency shall base on the specific file of each case to advise or propose the competent agency to report to the agency or person with the authority to dispose according to the provisions of the law as follows:g1) In the case of transferring or reallocating to an agency, organization, or unit for management and use, it shall be carried out according to the provisions of the law on the management and use of state assets;
c)g2) In the case of transferring to an organization with the function to manage and operate local real estate for management and exploitation, it shall be carried out according to the provisions of Decree No. 108/2024/NĐ-CP dated August 23, 2024 of the Government on the management, use, and exploitation of houses and lands that are state assets not used for residential purposes and transferred to organizations with the function to manage and operate local real estate;
g3) In the case of houses and lands allocated for residential use without proper authority before January 19, 2007, it shall be carried out according to the provisions of the law on housing and other relevant laws;g4) In the case of houses and lands allocated for residential use without proper authority since January 19, 2007, it shall be handled as follows:
If conditions are met for issuing a Certificate of Land Use Right and Ownership of Property Attached to Land according to the provisions of the law on land, then the house shall be sold to the current user; the determination of the sale price of the house shall be carried out according to the provisions of Point a Clause 2 of Article 71 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Law on Housing. The current user of the house and land shall be responsible for paying land use fees and other payable amounts (if any) according to the relevant laws. The issuance of the Certificate of Land Use Right and Ownership of Property Attached to Land to the current user of the house and land shall be carried out according to the provisions of the law on land.If conditions are not met for issuing a Certificate of Land Use Right and Ownership of Property Attached to Land according to the provisions of the law on land, the specialized agency on natural resources and environment (the agency with the function to manage land at the local level) shall submit to the same-level People's Committee for a decision to recover the land from the current user according to the provisions of the law on land. Compensation, support, and resettlement in this case (if applicable) shall be carried out according to the provisions of the law on land regarding compensation, support, and resettlement when the State recovers land;
g5) In the case of implementing land allocation or land lease, it shall be carried out according to the provisions of the law on land and other relevant laws.As for property attached to land, based on the actual situation and the status of the property attached to land, the agency entrusted with the responsibility to advise as provided for in Point g7 of this clause shall report to the agency or person with the authority to decide on land allocation or land lease to consider and decide on selling the property attached to land to the organization or individual allocated land or leased land, or demolishing or canceling the property attached to land before organizing land allocation, land lease, bidding projects using land, or auctioning land use rights.
g3) Inthe case where houses and land were allocated for residential purposes without proper authority before January 19, 2007, they shall be handled in accordance with the laws on housing and other relevant laws;
g4) Inthe case where houses and land were allocated for residential purposes without proper authority from January 19, 2007 onwards, the following measures shall be taken:
- Regarding compensation.If conditions for issuing certificates of land use rights and ownership of attached immovable property are met according to the laws on land, the house shall be sold to the current user; the determination of the sale price shall be carried out in accordance with Point a, Clause 2, Article 71 of Decree No. 95/2024/NĐ-CP dated July 24, 2024 of the Government detailing certain provisions of the Housing Law. The current user of the house and land shall be responsible for paying land use fees and other payable amounts (if any) in accordance with relevant laws. Issuance of certificates of land use rights and ownership of attached immovable property to the current users of the house and land shall be conducted in accordance with the laws on land.
- Regarding compensation.If conditions for issuing certificates of land use rights and ownership of attached immovable property are not met according to the laws on land, the specialized agency on natural resources and environment (the agency responsible for land management at the local level) shall submit to the same-level People's Committee for decision on the recovery of land from the current user in accordance with the laws on land. Compensation, support, and resettlement in this case (if applicable) shall be implemented in accordance with the laws on land regarding compensation, support, and resettlement when the State recovers land.
g5) Inthe case of transferring land use rights or leasing land, it shall be carried out in accordance with the laws on land and other relevant laws.
- Office of the President of the StateFor immovable property attached to land, based on the actual situation and status of the immovable property attached to land, the agency entrusted with advising as stipulated in Subpoint g7 of this clause shall report to the agency or person with the authority to decide on land transfer or lease for consideration and decision on selling the immovable property attached to land to the organization or individual receiving land transfer or lease, or demolition and cancellation of the immovable property attached to land before organizing land transfer, lease, bidding for projects using land, or auctioning land use rights.
- Regarding compensation.In the case of selling assets attached to land to organizations or individuals granted land use rights or leased land, the agency entrusted with the responsibility of advising as stipulated in Point g7 Clause this shall decide on the sale price of the assets on the land ensuring it is consistent with the remaining actual value of the assets; the agency entrusted with the responsibility of advising as stipulated in Point g7 Clause this may establish an Appraisal Board in accordance with the laws on prices or hire a valuation enterprise to appraise the price as a basis for deciding the sale price; the organization or individual granted land use rights or leased land shall be responsible for paying the purchase price of the assets attached to the land.
- Regarding compensation.In the case of demolishing or dismantling assets attached to land before granting land use rights or leasing land, the agency entrusted with the responsibility of advising as stipulated in Point g7 Clause this shall organize the implementation of demolition or dismantling of the assets in accordance with Article 30 of this Decree; the handling of materials recovered from demolition or dismantling shall be carried out in accordance with Article 10a of this Decree; the organization or individual granted land use rights or leased land shall be responsible for repaying the remaining value of the assets attached to the land as tracked by the agency receiving the transferred assets at the time of demolition or dismantling. The responsibility of the organization or individual granted land use rights or leased land to repay the remaining value of the assets attached to the land must be clearly specified in the Auction Plan for Land Use Rights and notified to organizations or individuals interested in being granted land use rights or leased land. Repaying the remaining value of the assets attached to the land shall be implemented similarly to paying the sale price of the assets attached to the land in the case of selling assets attached to the land to organizations or individuals granted land use rights or leased land.
- Regarding compensation.In the case where, according to local planning, the land must be divided into several lots for granting land use rights or leasing land, auctioning land use rights, the value of the assets attached to the land (sale price or remaining value as prescribed above) shall be allocated to each lot in proportion to the area of each lot relative to the total area of all lots.
g6) Inthe case of managing and exploiting by the land development fund organization, it shall be implemented in accordance with the laws on land.
Withinthe case where the State implements granting land use rights or leasing land for land already managed and exploited by the land development fund organization, the land development fund organization shall report to the competent authority to handle the assets attached to the land in accordance with the provisions of Point g5 Clause this; the land development fund organization shall be responsible for determining the sale price of the assets attached to the land (in the case of selling assets attached to the land to organizations or individuals granted land use rights or leased land), handling materials recovered (in the case of demolishing or dismantling assets attached to the land before granting land use rights or leasing land, bidding projects using land, auctioning land use rights); the organization or individual granted land use rights or leased land shall be responsible for paying the purchase price of the assets attached to the land, repaying the remaining value of the assets attached to the land in accordance with the provisions of Point g5 Clause this;
g7) The finance department has the responsibility to advise the People's Committee at the same level in cases handled according to the provisions of Points g1 and g2 Clause this. The local housing management agency has the responsibility to advise the People's Committee at the same level in cases handled according to the provisions of Point g3 Clause this. The local natural resources and environment management agency (the agency with the function of managing land at the local level) has the responsibility to advise the People's Committee at the same level in cases handled according to the provisions of Points g4, g5, and g6 Clause this.”d) Amending and supplementing Point h Clause 3 as follows:
“h) The agency receiving transferred assets has the responsibility to open a separate ledger, calculate depreciation for transferred assets from the date of receipt of transfer until the completion of asset disposal.”20. Amending and supplementing Article 35b (supplemented at Clause 27 Article 1 Decree No. 114/2024/NĐ-CP) as follows:
35b. Handling state assets in the event of merger, consolidation, division, dissolution, cessation of operationsThe entity subject to merger, consolidation, division, dissolution, cessation of operations shall be responsible for conducting inventory and classification of assets under its management and use; bear responsibility for handling surplus or missing assets discovered through inventory in accordance with the law. For assets that do not belong to the entity (assets held in custody, borrowed assets, rented assets from other organizations or individuals...), the state agency shall handle them in accordance with relevant laws.
2. Inthe case of merger or consolidation (including the establishment of new agencies or units based on restructuring existing agencies or units), the legal entity after merger or consolidation shall inherit the right to manage and use the assets of the merged or consolidated entity and shall be responsible for:
"Article a) Arranging the use of assets in accordance with standards and norms for the use of state assets; implementing the management and use of state assets in accordance with the law.
c) A list of assets proposed for sale (type, quantity; condition; original cost, remaining value according to accounting records; current purpose; reason for sale): one original copy.b) Identifying excess assets (no longer needed according to the new functions, tasks, organizational structure) or those required to be disposed of in accordance with the Law and this Decree to prepare reports and submit to the competent authority for examination and decision-making in accordance with the law.
c) Continuing to complete unfinished matters concerning assets that have been decided for disposal by the competent authority prior to the merger or consolidation, if the state entity involved in the merger or consolidation has not completed the disposal by the time of the merger or consolidation.3. In
a)the case of division, the state entity subject to division shall be responsible for formulating a plan to divide current assets and allocate responsibilities for disposing of assets currently undergoing disposal to the new legal entities after division, reporting to the competent authority for division approval. After completing the division, the new legal entities shall be responsible for arranging the use of assets in accordance with standards and norms for the use of assets and completing the disposal of assets currently undergoing disposal according to the assigned responsibilities; for excess assets or those required to be disposed of in accordance with the Law and this Decree, the new legal entities shall be responsible for preparing reports and submitting to the competent authority for examination and decision-making in accordance with regulations.
4. InTo determine surplus assets (no longer needed according to new functions, tasks, organizational structure) or those required to be processed according to this Law and Decree, establish files and report to the agency or person with the authority for examination and decision on processing in accordance with the law.
c) Continue implementing unfinished contents for assets that have been subject to disposal decisions by the agency or person with the authority prior to merger or consolidation, but which have not yet been fully resolved by the time of merger or consolidation.
3. Inthe case of division, the state agency subject to division shall be responsible for formulating plans to divide existing assets and allocate responsibilities for handling ongoing asset processing to new legal entities after division, reporting to the agency or person with the authority to approve the division for approval. After completing the division, the new legal entities shall be responsible for allocating and utilizing assets according to established standards and usage quotas, and completing the processing of ongoing assets according to assigned responsibilities; for surplus assets or those required to be processed according to this Law and Decree, the new legal entity shall be responsible for establishing files and reporting to the agency or person with the authority for examination and decision on processing in accordance with regulations.
4. TIn the case of termination of operations, transfer of functions and tasks to other agencies, organizations, units, based on the policy of the agency, person with authority, the state agency whose operations are terminated shall take the lead and coordinate with the agencies, organizations, units receiving the functions and tasks to develop a plan for dividing assets in accordance with the transferred tasks and the actual status of the assets to be compiled into the restructuring proposal/plan; submit to the agency or person with authority for approval. After receiving the tasks according to the restructuring proposal/plan, the agency, organization, unit receiving the tasks shall be responsible for implementing in accordance with points a, b, and c of Clause 2 of this Article.
5.In the case of dissolution and termination of operations not falling within the scope provided for in Clause 4 of this Article, after having the Decision on Dissolution and Termination of Operations of the agency, person with authority, the state agency being dissolved and terminated shall be responsible for transferring assets to the superior management agency or another agency assigned to receive the assets. The agency assigned to receive the assets shall be responsible for establishing files in accordance with the provisions of this Law and Decree to report to the agency or person with authority for examination and decision on handling, based on which organize the handling of assets in accordance with the regulations. For assets that have been decided on handling by the agency or person with authority before dissolution and termination of operations but at the time of dissolution and termination of operations, the state agency being dissolved and terminated has not completed the handling, the agency assigned to receive the assets shall be responsible for continuing to implement the unfinished contents.
21. Modify and supplement some clauses of Article 36 (amended and supplemented in Clause 29 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:a)
"1. Allthe proceeds from the disposal of state-owned assets at state agencies shall be deposited into a temporary holding account at the State Treasury by the following agencies acting as account holders:
a) The agency or unitassigned by the ministry or central agency to manage the proceeds from the disposal of state-owned assets of agencies, organizations, units under its jurisdiction.
b) The finance departmentof the provincial People's Committee acting as account holder managing the proceeds from the disposal of state-owned assets decided on disposal by the agency or person with authority at the provincial level.
c) The finance departmentof the district People's Committee acting as account holder managing the proceeds from the disposal of state-owned assets decided on disposal by the agency or person with authority at the district or commune level.".
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.Modify and supplement Clause 6 as follows:
"6. Within five working days from the date of signing the Minutes of Determination or the notification from the Property Transaction System about the right to purchase the asset, the person entitled to purchase the asset shall sign the Asset Purchase Contract and pay the purchase price to the agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree. The agency assigned the task of organizing the sale of assets as stipulated in Clause 3, Article 23 of this Decree shall deposit the money into the temporary holding account within three working days from the date of receipt of the sale proceeds."Within 30 days from the date of depositing money into the temporary holding account, the agency assigned the task of organizing asset disposal shall be responsible for preparing one set of payment request documents to send to the temporary holding account holder for payment of asset disposal costs or issue a document requesting an extension of the payment deadline (the document clearly states the reasons for the extension and the extended period, but not exceeding 30 days from the date of the extension request) or issue a document confirming no cost incurred. The head of the agency assigned the task of organizing asset disposal shall bear legal responsibility for the approved budget estimate, the accuracy of the requested payment amount, and the delay in submitting the documents.
HPayment request documents include:
a) Aa) The payment request letter of the agency assigned the task of organizing asset disposal (clearly stating the total proceeds from asset disposal, the approved cost budget, the total requested asset disposal costs, information about the bank account opened at the State Treasury for the agency assigned the task of organizing asset disposal to receive payments) accompanied by a detailed list of expenses: one original copy.
b) The decision on asset disposal of the agency or person with authority: one copy.he decision on asset disposal by the agency or person with the authority: One copy.”
22. Modify and supplement some clauses of Article 37 (amended and supplemented in Clause 30 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:To amend and supplement Clause 2 as follows:
"2. Theauthority to decide on procurement of state assets in cases not falling within the scope provided for in Clause 1 of this Article shall be carried out as follows:
a)The Minister, Head of Central Agency decides or delegates authority to decide on procurement of assets for public service units under their jurisdiction, except as provided in point c1 of this clause.
b)The Provincial People's Council decides or delegates authority to decide on procurement of assets for public service units under local jurisdiction as stipulated in Clause 2 of Article 17 of the Law, except as provided in point c1 of this clause.
c1) State assets that are fixed assets within the authority delegated by the Ministers, Heads of Central Agencies, and Provincial People's Councils.The head of a public service unit self-financing recurrent and capital expenditure, a public service unit self-financing recurrent expenditure decides on procurement:
11.Assets serving the operation of the unit (excluding non-profit facilities, cars);
23. Procedures and formalities for selling state assetsNon-profit facilities, cars according to the authority delegated by the Minister, Head of Central Agency, Provincial People's Council.
The People's Council at the provincial level decides or delegates the authority to decide on leasing of assets serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".b)
"4. The procurement of assets prescribed in this Article does not include the procurement of services serving the operation of public service units. Procurement of services serving the operation of public service units shall be carried out in accordance with relevant laws."
23. Modify and supplement Clause 2 of Article 37a (added in Clause 31 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"2. TheThe
a)The Minister, Head of Central Agency decides or delegates authority to decide on procurement of consumables for public service units under their jurisdiction, except as provided in point c of this clause.
b)The Provincial People's Council decides or delegates authority to decide on procurement of consumables for public service units under local jurisdiction as stipulated in Clause 2 of Article 17 of the Law, except as provided in point c of this clause.
c1) State assets that are fixed assets within the authority delegated by the Ministers, Heads of Central Agencies, and Provincial People's Councils.The head of a public service unit self-financing recurrent and capital expenditure, a public service unit self-financing recurrent expenditure decides on procurement of consumables for the operation of the unit.
24. Modify and supplement Article 38 (amended and supplemented in Clause 32 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 38. Leasing of assets for the operation of public service units
1. Authority to decide on leasing assets for the operation of public service units:
a)The Minister or the head of the central agency decides or delegates the authority to decide on leasing assets for the operation of public service units under their management, except in cases provided for in point c of this clause.
b)The Provincial People's Council decides or delegates the authority to decide on leasing assets for the operation of public service units under local management in accordance with Clause 2 of Article 17 of the Law, except in cases provided for in point c of this clause.
c1) State assets that are fixed assets within the authority delegated by the Ministers, Heads of Central Agencies, and Provincial People's Councils.The heads of self-financing public service units for regular expenses and investment, and self-financing public service units for regular expenses decide on leasing assets for the operation of their units.
2. Withinthe budget estimate allocated and the permitted funding sources, public service units organize the implementation of leasing assets for the operation of their units in accordance with the provisions of the law on bidding.
3. Theleasing of assets for the operation of public service units as stipulated in this Article does not include leasing information technology services and other services serving the operation of public service units. Leasing of information technology services and other services serving the operation of public service units shall be carried out in accordance with the regulations of the law on managing investment in the application of information technology using state budget funds and related laws.
4. Inthe case of leasing to purchase assets, after the lease-purchase period specified in the contract has expired, the public service unit shall be responsible for recording the increase in assets and managing and using the assets in accordance with the provisions of this Law and this Decree.”
25. Amend and supplement some clauses of Article 40 (amended and supplemented at Clause 34 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:To amend and supplement Clause 2 as follows:
"2. TheThe authority to decide on the use of state assets to participate in public-private partnership investment projects is stipulated as follows:
a)The Minister or the head of the central agency decides or delegates the authority to decide on the use of state assets under their management to participate in public-private partnership investment projects.
b)The Provincial People's Council decides or delegates the authority to decide on the use of state assets under local management to participate in public-private partnership investment projects in accordance with Clause 2 of Article 17 of the Law.”
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.b) Amending and supplementing Clause 4 as follows:
“3. Publicservice units with state assets shall submit one set of documents requesting the use of existing state assets to participate in public-private partnership investment projects to the superior management agency (hereinafter referred to as the superior management agency) (if any) for review and request the competent agency or person authorized under Clause 2 of this Article to review and decide.
HThe set of documents requesting the use of existing state assets to participate in public-private partnership investment projects includes:
a) AA proposal from the public service unit entrusted with the management and use of assets: One original copy.
a) The state agency having assets for sale.A proposal from the superior management agency (if any): One original copy.
c) Form of sale (if the form of sale has been determined, it shall be directly recorded in the Decision, if not determined, it shall be decided by the head of the agency entrusted with organizing the sale of assets based on the provisions of Clause 1 Article 24, Clause 1 Article 26, and Clause 1 Article 27 of this Decree). Asset details (type, quantity, area; condition; original cost, remaining value according to accounting records): One original copy.
f) Management and use of proceeds from the sale of assets.Other relevant documents (if any): One copy.”
c)Amend and supplement Clause 5 as follows:
“5. Theselection of investors to implement public-private partnership investment projects shall be carried out in accordance with the provisions of the law on public-private partnership investment and related laws. Based on the approved public-private partnership investment project and the signed contract, the public service unit with state assets shall hand over the assets to the investor implementing the project. The handover shall be recorded in a protocol according to Model No. 01/TSC-BBGN issued together with this Decree.
- Regarding compensation.In the event that buildings, works, and other assets attached to land at the operating facility must be demolished to implement a public-private partnership investment project, the investor shall organize the demolition work. Materials recovered from the demolition shall be handled according to the project contract. If the recovered materials belong to the public service unit with state assets, the handling shall be carried out in accordance with Article 10a of this Decree.”
26. Amend and supplement Clause 4 of Article 41c (supplemented at Clause 37 of Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"4. TThe exploitation of assets serving auxiliary activities directly supporting the performance of functions and tasks of the unit as stipulated in Article 41b of this Decree shall be implemented as follows:
a) Formof exploitation:
a1) Publicservice units manage and use state assets to provide services serving auxiliary activities directly supporting the performance of functions and tasks of the unit.
Service prices are determined in accordance with the provisions of the State (for services subject to pricing by the State in accordance with the law on pricing) or decided by the head of the public service unit in accordance with the regulations on determining the price of non-state-budget-funded public service services (for services not subject to pricing by the State in accordance with the law on pricing).a2) To
other organizations or individuals to exploit state assets to provide services serving auxiliary activities directly supporting the performance of functions and tasks of the unit.Other organizations or individuals implement the right to exploit public assets to provide auxiliary services directly supporting the performance of the unit's functions and tasks.
WithThe selection of other organizations or individuals to exercise the right to exploit state assets shall be carried out through tendering procedures as prescribed by laws on bidding or auction as prescribed by laws on asset auctions; whether to organize a tender or auction shall be decided by the head of the unit holding the asset. The price for other organizations or individuals to exercise the exploitation right is the winning bid price or tender price; the starting price for organizing an auction or the tender package price for organizing a tender shall be determined according to the regulations on determining the tender package price as prescribed by laws on bidding; the head of the public service unit decides the starting price and the tender package price. Organizations or individuals exercising the exploitation right may collect service fees at the levels prescribed by the State (for services whose prices are set by the State according to laws on pricing) or decide the level of collection to ensure sufficient cost coverage and reasonable accumulation (for services not subject to State pricing according to laws on pricing).
to allow other organizations or individuals to use positions at public service facilities to install automatic teller machines, install, and construct telecommunications works as prescribed by law.The act of allowing other organizations or individuals to use positions at public service facilities to install automatic teller machines, install, and construct telecommunications works shall be carried out through direct negotiation with organizations or individuals having such needs. Public service units prepare plans for other organizations or individuals to use positions at public service facilities to install automatic teller machines, install, and construct telecommunications works and send them to organizations or individuals with such needs; based on the registration documents of organizations or individuals with such needs, public service units conduct negotiations to conclude contracts for the use of positions to install automatic teller machines, install, and construct telecommunications works and sign contracts as the basis for implementation. The price for other organizations or individuals to use positions at public service facilities to install automatic teller machines, install, and construct telecommunications works is the negotiated price with organizations or individuals with such needs and recorded in the contract.
Withto allow other organizations or individuals to use positions at public service facilities to install automatic vending machines, install LED screens, and billboards serving information dissemination, propaganda combined with advertising as prescribed by law.
to allow other organizations or individuals to use positions at public service facilities to install automatic vending machines, LED screens, and billboards serving information dissemination, propaganda combined with advertising shall be carried out in accordance with the provisions of point a2 of this clause.The Minister, the head of central agencies decides or delegates authority to decide on the exploitation of state assets at public service units under their management, except in cases stipulated in point b3 of this clause;
WithThe People's Councils of provinces decide or delegate authority to decide on the exploitation of state assets at public service units under local management according to the provisions of Article 17, Clause 2 of the Law, except in cases stipulated in point b3 of this clause;
ngular public service units that self-finance recurrent and investment expenditures, public service units that self-finance recurrent expenditures decide on the exploitation of state assets at their own units.Amending and supplementing Point b Clause 4 Article 10b (amended and supplemented by Clause 7 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"b) TheProcedure for exploiting state assets:
b1) Thec1) Public service units entrusted with managing and using state assets submit applications for exploiting state assets and reports to superior management agencies (if any) to report to the competent authorities specified in point b of this clause for consideration and decision on the exploitation of state assets. The application for exploiting state assets includes:
An application for exploiting state assets from the public service unit (specifying the necessity; form of exploitation; duration of exploitation; estimated revenue (if any)): One original copy;The assets proposed for exploitation (type, quantity, area, original value, remaining value): One original copy;
Other relevant documents related to the proposed assets: One copy.Within thirty days from the date of receipt of the complete application for exploiting state assets submitted by the unit, the competent authority shall examine and decide on the exploitation of state assets or issue a response in writing in case there is no agreement on the exploitation of state assets.
The main contents of the Decision on Exploiting State Assets include:Name of the public service unit exploiting state assets;
Documents of the Standing Committee of the National Assembly, the President, the Chairman of the Central Committee of the Vietnam Fatherland Front,The assets exploited (type, quantity, area, original value, remaining value);
Catalog Form of exploitation; duration of exploitation;
Responsibilities;Public service units are responsible for issuing sales invoices to organizations and individuals in accordance with the laws on invoices and vouchers.
The revenue from the exploitation of state assets, after deducting related costs and fulfilling financial obligations to the State, shall be managed and used by the public service unit according to its financial mechanism.".27. Amend and supplement Article 44 (amended and supplemented in Clause 40 of Decree No. 114/2024/NĐ-CP) as follows:
44. Proposal for using state assets at public service units for business purposes, leasing, joint ventures, and joint operations1. Public service units are responsible for preparing proposals for using state assets for business purposes, leasing, joint ventures, and joint operations according to Model No. 02/TSC-DA issued together with this Decree, reporting to superior management agencies (if any) for examination and comments on the proposal, and submitting the proposal to the competent authorities specified in Articles 56, 57, and 58 of the Law for examination and approval.
Documents submitted to the competent authorities for approval of the proposal include:An application for approving the proposal from the public service unit: One original copy.
Catalog Comments from the superior management agency (if any) on the proposal: One original copy.
The proposal for using state assets for business purposes, leasing, joint ventures, and joint operations of the unit: One original copy.A document from the competent authority specifying the functions, tasks, and organizational structure of the unit: One copy.
Other relevant documents (if any): One copy.Within thirty days from the completion of the liquidation of assets, the state agency owning the assets to be liquidated shall record the reduction of assets; report the declaration of asset changes in accordance with Articles 126 and 127 of this Decree.
d) Public institutions are responsible for issuing invoices for sales to organizations and individuals in accordance with the laws on invoices and vouchers.đ) S
ource income from exploiting public assets, after deducting related expenses and fulfilling financial obligations to the State, the remaining portion constitutes the revenue of the public institution, managed and utilized according to the financial mechanism of the public institution.”27. S
ửa đổi, bổ sung Điều 44 (được sửa đổi, bổ sung tại khoản 40 Điều 1 Nghị định số 114/2024/NĐ-CP) như sau:44. Proposal for using public assets in public institutions for business purposes, leasing, joint ventures, and partnerships
"Article 1. Public institutions are responsible for preparing proposals for using public assets for business purposes, leasing, joint ventures, and partnerships according to Model 02/TSC-DA issued together with this Decree, reporting to the superior management agency (if any) for review and comments on the proposal, and submitting the proposal to the agency or person with the authority for approval as stipulated in Articles 56, 57, and 58 of the Law for examination and approval.
ồ sơ trình cơ quan, người có thẩm quyền phê duyệt đề án gồm:ản đề nghị phê duyệt đề án của đơn vị sự nghiệp công lập: 01 bản chính.
Hản của cơ quan quản lý cấp trên (nếu có) có ý kiến về đề án: 01 bản chính.
a) Ac) Đ
a) The state agency having assets for sale.ề án sử dụng tài sản công vào mục đích kinh doanh, cho thuê, liên doanh, liên kết của đơn vị: 01 bản chính.
d) Văn bản của cơ quan, người có thẩm quyền quy định về chức năng, nhiệm vụ và cơ cấu tổ chức của đơn vị: 01 bản sao.
ồ sơ có liên quan khác (nếu có): 01 bản sao.“b) Costs f
e) Other relevant documents related to the request for liquidation of assets (if any): one copy.or valuation, appraisal, auction of assets; costs for selecting partners in joint ventures and partnerships;”
- Regarding compensation.In cases where the authority to approve the Project on using state assets for business purposes, leasing, joint ventures, and joint operations is the same agency or person with authority, the public service unit shall establish one Project on using state assets for business purposes, leasing, joint ventures, and joint operations (multiple purposes) to report to the superior management agency (if any) for review and provide opinions on the project, then submit it to the agency or person with authority for approval. In cases where the authority to approve the Project on using state assets for business purposes, leasing, joint ventures, and joint operations is not the same agency or person with authority, the public service unit shall establish separate Projects on using state assets for each purpose to report to the superior management agency (if any) for review and provide opinions on the project, then submit it to the agency or person with authority for approval.
- Regarding compensation.In cases where the Minister, Head of Central Agency, Provincial People's Council delegates the authority to approve the Project to the head of the public service unit, the head of the public service unit shall assign the advisory department to prepare the Project for submission to the head of the public service unit for approval without having to report to the superior management agency (if any).
3. The agency or person shall implement the Decision on Selling State Assets strictly in accordance with the provisions of this Decree.Within thirty days from the date of receipt of complete and valid documents, the agency or person with authority to approve the Project shall decide to approve the Project within their authority or issue a response document in cases where the Project needs to be completed or not approved.
- Regarding compensation.In cases where the Project needs to be completed, the public service unit shall complete the Project and implement it according to the provisions of Clause 1 of this Article.
3.The main contents of the Decision approving the Project include:
a) Name of the public service unit using the asset for business purposes, leasing, joint ventures, and joint operations.b) Assets being used for business purposes, leasing, joint ventures, and joint operations.
b) List of c) Time limit for implementing the Project (the period during which the Project is effective).
d) Responsibilities.4. After the Project on using state assets for business purposes, leasing, joint ventures, and joint operations has been approved by the agency or person with authority, if the unit generates additional assets for use in business purposes, leasing, joint ventures, and joint operations, the establishment, opinion, submission, and approval of the Project on using those assets for business purposes, leasing, joint ventures, and joint operations shall be carried out according to the provisions of Clauses 1, 2, and 3 of this Article.
In cases where public service units have a need to use state assets to form joint ventures and joint operations among themselves to provide public services, the public service units shall jointly establish one Project on using state assets for joint ventures and joint operations. On this basis, the parties involved in the joint venture and joint operation shall report to the agency or person with authority for approval according to the provisions of Clauses 1, 2, and 3 of this Article as the basis for implementation, without having to organize the selection of joint venture and joint operation partners according to the provisions of Clause 3 of Article 47 of this Decree.”Within thirty days from the completion of the liquidation of assets, the state agency owning the assets to be liquidated shall record the reduction of assets; report the declaration of asset changes in accordance with Articles 126 and 127 of this Decree.
28. Amend and supplement Point a Clause 3 Article 46 (amended and supplemented at Clause 41 Article 1 Decree No. 114/2024/NĐ-CP) as follows:“a) Leasing of state assets shall be conducted through auction, except in cases provided for in Point b of this Clause. Auctions for leasing state assets shall be conducted in accordance with the provisions of Clauses 3, 4, 5, and 6 of Article 24 of this Decree and laws on auctioning assets.
5.The starting price for auction shall be determined by the head of the public service unit in accordance with market rental prices for similar assets or assets with equivalent technical standards, quality, and origin. The head of the public service unit may establish an Appraisal Committee in accordance with the law on pricing or hire an appraisal company to appraise the price as the basis for determining the starting price for auctioning leased assets.
The appraisal work of the Appraisal Committee or appraisal company shall be carried out in accordance with the law on pricing. The selection of the appraisal company shall be carried out in accordance with relevant laws.”29. Amend and supplement some clauses of Article 47 (amended and supplemented at Clause 42 Article 1 Decree No. 114/2024/NĐ-CP) as follows:
“2. Based on the Project on using state assets for joint ventures and joint operations approved by the agency or person with authority in accordance with Article 44 of this Decree, the head of the public service unit shall be responsible for:a) Deciding specifically on the use of state assets for joint ventures and joint operations.
b) Deciding to establish an Appraisal Committee in accordance with the law on pricing or hiring an appraisal company to appraise the price as the basis for determining the value of state assets used for joint ventures and joint operations. The appraisal work of the Appraisal Committee or appraisal company shall be carried out in accordance with the law on pricing. The selection of the appraisal company shall be carried out in accordance with relevant laws.Organizing the selection of partners to carry out joint ventures and joint operations in accordance with Clause 3 of this Article and the guidance of the Ministry of Finance.”
WithAmend and supplement Point b Clause 7 as follows:
“b) Costs for valuation, appraisal, auction of assets; costs for selecting joint venture and joint operation partners;”30. Amend and supplement Clause 2 Article 51 as follows:
Amending and supplementing some clauses of Article 4 (amended and supplemented by Clause 4 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:To amend and supplement Clause 2 as follows:
Authority to decide on the liquidation of state assets:The Minister, Head of Central Agency decides or delegates authority to decide on the liquidation of assets with an original value of VND 500 million or more per unit of asset at public service units under the management of the ministry or central agency.
The Provincial People's Council decides or delegates authority to decide on the liquidation in accordance with Clause 2 of Article 17 of the Law for assets with an original value of VND 500 million or more per unit of asset at public service units under local management.The head of the public service unit managing and using state assets is authorized to decide on the liquidation of:
b) The decision on asset disposal of the agency or person with authority: one copy.Assets with an original value of VND 500 million or more per unit of asset within the delegated authority of the Minister, Head of Central Agency, Provincial People's Council;
c) TAssets with an original value below VND 500 million per unit of asset.”
The Minister, Head of central agencies decides or delegates authority to decide on the destruction of fixed public assets at state agencies under their management.31. Amend and supplement Article 53a (amended and supplemented at Clause 44 Article 1 Decree No. 114/2024/NĐ-CP) as follows:
30. Sửa đổi, bổ sung khoản 2 Điều 51 như sau:
30. Amend and supplement Clause 2 of Article 51 as follows:
"2. Theauthority to decide on the liquidation of state assets:
a)The Minister, Head of central agency decides or delegates the authority to liquidate state assets with an original value of 500 million VND or more per unit of asset at public service units under their management.
b)The People's Council at the provincial level decides or delegates the authority to liquidate state assets according to the provisions of Clause 2, Article 17 of the Law for assets with an original value of 500 million VND or more per unit of asset at public service units under local management.
c1) State assets that are fixed assets within the authority delegated by the Ministers, Heads of Central Agencies, and Provincial People's Councils.The head of the public service unit entrusted with the management and use of state assets decides on the liquidation of:
11.Assets with an original value of 500 million VND or more per unit of asset within the delegated authority of the Minister, Head of central agency, or Provincial People's Council;
23. Procedures and formalities for selling state assetsAssets with an original value below 500 million VND per unit of asset.”
31. Samend and supplement Article 53a (amended and supplemented at Clause 44, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 53a. Transfer of state assets at public service units to local management and disposal; disposal of state assets at public service units in cases of merger, consolidation, division, dissolution, cessation of operations; disposal of state assets that are weapons, explosives materials, support tools, and cryptographic products of the telegraph sector equipped for public service units.
Amending and supplementing Article 19 (amended and supplemented by Clause 11 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:The transfer of state assets at public service units to local management and disposal shall be carried out in accordance with Article 35a of this Decree.
2.The disposal of state assets at public service units in cases of merger, consolidation, division, dissolution, cessation of operations shall be carried out in accordance with Article 35b of this Decree.
3. TheThe disposal of state assets that are weapons, explosives materials, support tools, and cryptographic products of the telegraph sector equipped for public service units shall be carried out in accordance with Article 35c of this Decree.”
32. Amend and supplement Article 55 (amended and supplemented in Clause 46, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
"Article 55. Management and use of funds obtained from the disposal of state assets at public service units
1.Funds obtained from the disposal of state assets at public service units shall be managed and used by the public service unit after deducting related expenses, repaying borrowed capital, raised capital (if any), and fulfilling financial obligations to the State. The remaining portion shall be managed and used as follows:
4. For investment projects specified in Clause 5, Article 38 of this Decree:For public service units where the State guarantees all regular expenditures, such funds shall be remitted to the State budget.
b) Advance payment for transferred expenditure items: The following documents and vouchers should be attached depending on the nature of the expenditure:For public service units not falling within the scope specified in Point a of this Clause, they shall be added to the development fund for public services; if the unit does not have a development fund for public services, it shall be managed and used according to the financial mechanism applicable to that unit.
c) Continuing to complete unfinished matters concerning assets that have been decided for disposal by the competent authority prior to the merger or consolidation, if the state entity involved in the merger or consolidation has not completed the disposal by the time of the merger or consolidation.In cases where there is no revenue generated from the disposal of state assets or the proceeds from selling or liquidating assets are insufficient to cover costs, the shortfall shall be covered from the permitted operating funds of the unit assigned the task of organizing the sale or liquidation of assets.”
33. Amend and supplement Clause 2 of Article 58 as follows:
“2. The Minister of National Defense and the Minister of Public Security shall decide or delegate authority to decide on the recovery of special assets and dedicated assets at people's armed forces units under their jurisdiction.”34. A
mend and supplement Point d of Clause 3 of Article 61 as follows:“d) Dedicated assets may be liquidated in accordance with the form prescribed in Clause 2 of Article 45 of the Law on Management and Use of State Assets. Materials recovered from liquidation through demolition or destruction shall be disposed of in accordance with Article 10a of this Decree; in cases where the unit continues to use recovered materials for installation or replacement of parts of existing assets, there is no need to submit to the competent authority or person with decision-making power for inclusion in the asset inventory for those materials; in cases where recovered materials are used as independent assets, they must be submitted to the competent authority or person with decision-making power for inclusion in the asset inventory.”
35. Amend and supplement Article 88 as follows:
88. Management and use of state assets transferred to enterprises for management without being counted as State capital component in the enterpriseIn cases where special assets, dedicated assets serving national defense and security tasks; infrastructure assets; assets serving activities of projects funded by the State; land and other resources are transferred to enterprises for management without being counted as State capital component in the enterprise, the management and use shall be carried out as follows:
"Article The management and use of special assets and dedicated assets serving national defense and security tasks at enterprises under the Ministry of National Defense and the Ministry of Public Security shall be implemented in accordance with Articles 64 and 65 of the Law and Chapter V of this Decree.
- Regarding compensation.The management and use of infrastructure assets shall be carried out in accordance with Chapter IV of the Law, regulations of the Government on the management, use, and exploitation of infrastructure assets, and relevant laws.
Amending and supplementing Article 19 (amended and supplemented by Clause 11 Article 1 of Decree No. 114/2024/NĐ-CP) as follows:The management and use of assets serving the activities of projects funded by the State shall be carried out in accordance with Section 1 of Chapter VI of the Law and Chapter IX of this Decree; in cases where the assets are the result of implementing scientific and technological tasks funded by the State, they shall be managed and used in accordance with the Government's regulations on managing and using assets resulting from the implementation of scientific and technological tasks funded by the State.
2.4.
3. TheThe management and use of land transferred for management without payment of land use fees shall be carried out in accordance with Section 1 of Chapter VII of the Law, land laws, and relevant laws.
5.The management and use of resources shall be carried out in accordance with Section 2 of Chapter VII of the Law, resource laws, and relevant laws.”
36. Amend and supplement Article 92 (amended and supplemented in Clause 56, Article 1 of Decree No. 114/2024/NĐ-CP) as follows:
92. Authority to approve plans for the disposal of assets serving project activitiesFor centrally-managed projects:
"Article The Minister of Finance shall approve the plan to transfer assets to agencies, organizations, units, or projects under the management of other ministries or central agencies, or localities, upon the proposal of the Minister or head of a central agency, or the Chairman of the People's Committee of the province concerned.
p entities that receive and use state budget funds; foreign loans and grants must open accounting books to track the receipt of budget estimates and the use of state budget funds in detail according to the fiscal year, state budget classification, and other management requirements.The Minister or head of a central agency shall approve or delegate authority to approve plans:
a)b1) Transfer assets to agencies, organizations, or units under their jurisdiction;
The People's Council at the provincial level decides or delegates the authority to decide on leasing of assets serving the activities of state agencies under local management in accordance with Clause 2 of Article 17 of the Law.".b2) Transfer assets to serve the activities of other projects under their jurisdiction;
b3) Sell; liquidate; destroy; dispose of assets in cases of loss or damage; b4) Transfer land area allocated (or temporarily allocated) for project construction to the People's Committee of the province after completion of the project construction.
For locally-managed projects: transferring assets to serve the activities of another project under the management of the ministry or central agency;
b3) Selling; liquidating; disposing of assets in cases of loss or destruction;handling assets in cases of loss, destruction;
b4) Transferringthe allocated land area (or temporarily allocated) to serve construction work of the project to the People's Committee of the province after completion of the construction project.
2. OFor projects managed by localities:
a) The Minister of Finance decides to approve the plan for transferring assets to agencies, organizations, units, projects under the central or local management upon the proposal of the Minister, the head of the central agency, or the Chairman of the People's Committee of the province concerned.
b)The Provincial People's Council decides to approve or delegate the authority to decide on approving the plan in accordance with Clause 2 of Article 17 of the Law in cases where assets are transferred to agencies, organizations, units, projects within the local management scope; sold; liquidated; destroyed; disposed of in cases of loss or destruction; transferred land area allocated (or temporarily allocated) to serve construction project work for local functional agencies (specialized agencies under the provincial People's Committee, land development organizations, district People's Committees, specialized agencies under the district People's Committee, commune People's Committees) after completing the construction project.
2. TheThe Prime Minister decides to approve the plan for transferring assets in cases provided for in Point d of Clause 1 of Article 91 of this Decree upon the proposal of the Minister of Finance based on the proposal of the Minister, the head of the central agency, or the Chairman of the People's Committee of the province concerned.
4. Theauthority to decide on approving the asset disposal plan in other forms prescribed in Clause 6 of Article 91 of this Decree shall be implemented in accordance with relevant laws.
36. AThe decision to approve the plan for disposing of assets to serve the operation of the project shall be carried out through administrative decisions of the agencies, persons with authority as prescribed in this provision.”
37. Add Clause 2a after Clause 2 as follows:
“2a. Revenue from granting telecommunications code, number rights in accordance with the law on telecommunications.”.
38. Modify and supplement Clause 1, Clause 2 of Article 121 as follows:
“1.orts, central agencies, People's Committees at all levels shall publicly disclose investment construction, procurement, transfer, lease of state assets for agencies, organizations, units under their management scope, except in cases prohibited from disclosure according to the law on protecting state secrets. The public disclosure period is 30 days.
2. Agencies,organizations, units shall publicly disclose investment construction, procurement, transfer, lease of state assets within their own agencies, organizations, units, except in cases prohibited from disclosure according to the law on protecting state secrets. The public disclosure period is 30 days.”
Article 2. Replacing, supplementing, abolishing some articles, clauses, points, phrases of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing some provisions of the State Asset Management and Usage Law (amended and supplemented by Decree No. 114/2024/NĐ-CP dated September 15, 2024).
1. Replace the phrase "State Asset Management and Usage Law No. 15/2017/QH14 dated June 21, 2017" with "State Asset Management and Usage Law No. 15/2017/QH14 amended and supplemented by Law No. 56/2024/NĐ-CP (hereinafter referred to as the Law)" in Clause 1 of Article 1; replace the phrase "State Asset Management and Usage Law" with "of the Law" in Article 4a, Clause 3 of Article 41a, Articles 66, 89; replace the phrase "of the State Asset Management and Usage Law" with "of the Law" in Clause 3 of Article 1, Articles 11, 16, 18, 21, 33, 39, 41, 41a, 42, 43, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 59, 60, 61, 63, 66, 84, 85, 89, 90, 93, 94, 114, and 136; replace the phrase "at the State Asset Management and Usage Law" with "of the Law" in Articles 1, 25, and 35c, Clause 3 of Article 89.
2. Replacethe phrase "as prescribed in the Government Decree on the reorganization and handling of state assets" with "as prescribed by the law on the reorganization and handling of houses and land" in Point b of Clause 5 of Article 1.
3. Replacethe phrase "prescribed" with "decided or delegated" in Clause 2 of Article 6, Clause 3 of Article 8, Point c of Clause 2 of Article 59, Clause 2 of Article 60, Clause 2 of Article 61, Clause 2 of Article 62.
4. Replacethe phrase "that agency may continue to use if needed" with "the head of that agency decides to continue using if needed" in Clause 1 of Article 10a.
5. Abolishthe phrase "point b" in Clause 3 of Article 10a.
6. Add the phrase "or report to the Minister, the head of the central agency for consideration and propose the People's Committee of the province to consider and decide on recovery (for office premises of central agencies)" after the phrase "in accordance with Article 17 of this Decree for consideration and decision" in Point a of Clause 1 of Article 18.
7. Replacethe phrase "auction" with "auction session" in Point a of Clause 2 of Article 25.
8. Add the phrase ", no longer suitable for market prices" after the phrase "due to high starting price" in Clause 3 of Article 25.
9. Abolishthe phrase "office premises," in Clause 1 of Article 26; the phrase ", office premises, except in special cases as prescribed by the Government on the reorganization and handling of state assets" in Clause 1 of Article 27.
10. Replacethe phrase "Clause 6 of Article 26" with "Clause 7 of Article 24" in Clause 4 of Article 27; the phrase "Clause 6 of Article 29" with "Clause 5 of Article 29" in Clause 1 of Article 30.
11. Abolishthe phrase "point b, point c" in Point b of Clause 3 of Article 31.
12. Add the phrase "material facilities serving experimental activities, scientific research, technological development, innovation for subjects as prescribed by law;" before the phrase "location for automatic teller machines" in Point b of Clause 2, Point b of Clause 5 of Article 41b.
13. Replacethe phrase "Article 13, Clauses 1, 2, and 3 of Article 11 of this Decree" with "Clauses 1, 2, 3, and 4 of Article 11, Article 13 of this Decree" in Clause 6 of Article 57.
14. Abolishthe phrase "; in case of special assets, dedicated assets attached to land, before selling, must go through procedures to change land use purpose according to the law on land" in Clause 1 of Article 60.
15. Add the phrase "or self-balance from the permitted budget of the agency, organization, unit" after the phrase "approve supplementary procurement budget" in Clause 4 of Article 74.
16. ReplaceReplace the phrase "Department of Finance" with "the agency assigned the task of managing state assets under Clause 3, Article 19 of the Law" at Point c, Clause 1, Article 93; supplement the phrase ", except where otherwise provided by law" after the phrase "state agencies, organizations, units managing and using" at Point b, Clause 3, Article 93.
17. BSupplement the phrase "(the recipient of the project results)" after the phrase "beneficiary of the project results" in the title of Clause 2, Article 94.
18. BSupplement the phrase "Vietnamese Fatherland Front," before the phrase "political-social organizations" in Chapter IV, Clause 5, Article 2, Clause 1, Article 10, Article 56, Clause 1, Article 100, Clause 2, Article 114, Clause 1, Article 119.
19. Replace the phrase "warehouse for state management purposes" with "telecommunication warehouse and other warehouses for state management purposes" in the name of Chapter XII, Article 105, Article 106.
20. Replace the phrase "provisions of the Minister, Head of Central Agency" with "delegation by the Minister, Head of Central Agency" at Clause 2, Article 137a.
21. RepealClause 9 of Article 36, Article 87, Point e, Clause 1, Article 93.
Article 3. Transitional Provisions
p entities that receive and use state budget funds; foreign loans and grants must open accounting books to track the receipt of budget estimates and the use of state budget funds in detail according to the fiscal year, state budget classification, and other management requirements.For assets subject to recovery decisions that have been approved by competent authorities for exploitation plans handed over to land development organizations for management and exploitation or handed over to local organizations responsible for managing and operating houses according to Decree No. 114/2024/NĐ-CP before this Decree takes effect, such plans shall continue to be implemented as approved.
2. OFor public service organizations that have been approved by competent authorities to use state assets for business, leasing, joint ventures, or joint operations before Decree No. 114/2024/NĐ-CP takes effect, they shall continue to implement the approved plan without having to pay land rent as stipulated in the approved plan; if the public service organization falls within the category required to pay state budget revenue according to Point b, Clause 5, Article 43 of this Decree, the organization must report to the competent authority approving the plan to approve specific levels of state budget payments in accordance with this Decree.
3. State agencies, unitsunder ministries and central agencies assigned the task of opening temporary holding accounts as stipulated in Clause 1, Article 36 of this Decree shall open such accounts before May 31, 2025. Revenue from the disposal of state assets managed by central agencies shall be deposited into temporary holding accounts managed by financial departments under provincial People's Committees until May 31, 2025; these financial departments shall manage the funds deposited into temporary holding accounts (including those deposited before this Decree takes effect) in accordance with Clause 6, Article 36 of Decree No. 151/2017/NĐ-CP (amended and supplemented in Clause 21, Article 1 of this Decree), Clause 7, Article 36 of Decree No. 151/2017/NĐ-CP, and Clause 8, Article 36 of Decree No. 151/2017/NĐ-CP (amended and supplemented in Clause 29, Article 1 of Decree No. 114/2024/NĐ-CP) until the transfer to the state budget is completed.
4. The Minister, Head of Central Agencies, Provincial People's Councils shall issue documents delegating authority in the management and use of state assets in accordance with the Law and this Decree before July 31, 2025; during the period before issuance, they may continue to implement according to the authority previously delegated by the Minister, Head of Central Agencies, Provincial People's Councils before this Decree takes effect, except where specific authority is already defined in this Decree, which shall be implemented in accordance with this Decree.In cases where agencies, organizations, units cease operations and transfer functions and tasks to other agencies, organizations, units approved by competent authorities for restructuring plans before this Decree takes effect but the plans do not include asset distribution plans, the competent authority approving the restructuring plans shall decide on the assignment of asset management tasks in accordance with actual circumstances. The agencies, organizations, units assigned the task of managing assets shall implement in accordance with Points a, b, and c, Clause 2, Article 35b of Decree No. 151/2017/NĐ-CP (amended and supplemented in Clause 20, Article 1 of this Decree).
5.1. This Decree
Article 4. Effective date
shall take effect from the date of issuance. In cases where referenced documents in this Decree are amended, supplemented, or replaced, implementation shall be in accordance with the corresponding provisions in the amended, supplemented, or replacing documents.
c) Continuing to complete unfinished matters concerning assets that have been decided for disposal by the competent authority prior to the merger or consolidation, if the state entity involved in the merger or consolidation has not completed the disposal by the time of the merger or consolidation.3. Ministries, central agencies, Provincial People's Councils, Provincial People's Committees shall organize the implementation of this Decree; review normative legal documents issued by themselves that are inconsistent with the Law and this Decree to abolish, amend, or supplement them accordingly.
- The Standing Committee of the Central Party Committee;- Ministries, ministerial-level agencies, government agencies;
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Place of Receipt: |
DEPUTY SIGNATUREWithin 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision). |
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