After being withdrawn, can the public property of state authorities of Vietnam be sold?
After being withdrawn, can the public property of state authorities of Vietnam be sold?
Pursuant to Clause 4, Article 41 of the Law on Management and Use of Public Property 2017, the measures to be taken for withdrawn public property are prescribed as follows:
"Article 41. Withdrawal of public property of state authorities
..
4. Measures to be taken for withdrawn public property:
a) Distribute property to an authority or organization to manage or use as specified in Article 29 herein;
b) Transfer property as specified in Article 42 herein;
b) Sell or liquidate property as specified in Article 43 and Article 45 herein;
d) Destroy property as specified in Article 46 herein;
dd) Other measures depending on the Prime Minister’s decision."
Accordingly, one of the measures to be taken for withdrawn public property in accordance with the law is to sell or liquidate the property.
Specifically, it is stipulated in Article 43 of the Law on Management and Use of Public Property 2017 as follows:
"Article 43. Sale of public property of state authorities
1. Public property shall be sold if:
a) Withdrawn property is offered for sale as prescribed in Article 41 herein;
b) A state authority assigned to use public property no long uses or less uses due to change in organizational structure, functions, tasks or other causes in which the property is not withdrawn or transferred;
c) Management and use of public property are rearranged;
d) Public property is liquidated as specified in Article 45 herein;
2. Public property shall be sold in the form of an auction, excluding the cases of selling public property with low value when the price listing is made public or assigned sale as prescribed in regulations of the Government.
3. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or state authorities having property for sale shall make the sale of property in accordance with regulations of law."
After being withdrawn, can the public property of state authorities of Vietnam be sold?
Who has the authority to decide on the sale of withdrawn public property in Vietnam?
The authority to decide on the sale of public property is specified in Article 22 of Decree 151/2017/ND-CP as follows:
"Article 22. Authority to decide on sale of public property
1. The authority to decide on the liquidation of public property in the form of sale shall comply with the provisions of Article 28 of this Decree.
2. Competence to decide on the sale of public property in the cases specified at Points a, b and c, Clause 1, Article 43 of the Law on Management and Use of Public Property is prescribed as follows:
a) The Prime Minister shall decide to sell the working office of a centrally-managed State agency with the historical cost according to the accounting books of VND 500 billion or more at the request of the Minister of Finance, the Minister or the Prime Minister. the head of the relevant central agency and the opinion of the President of the People's Committee of the province where the property is for sale;
b) The Minister of Finance decides to sell the working office of a centrally managed state agency with the historical cost according to the accounting books of less than VND 500 billion at the request of the Minister, the head of the central agency and the opinion of the President of the People's Committee of the province where the property is for sale.
The determination of the land use right value in the historical cost of the property to determine the competence specified at Points a and b of this Clause shall comply with the provisions of Chapter XI of this Decree;
c) Ministers, heads of central agencies decide or decentralize authority to decide on the sale of public assets that are not the working offices of state agencies under the management of ministries or central agencies;
d) Provincial-level People's Councils decide or decentralize authority to decide on the sale of public property under the local management. In case of decentralization of authority to decide on the sale of assets that are offices, the People's Council of the province shall delegate the authority to the President of the People's Committee of the province to decide."
Accordingly, the authority to decide to sell public property in case public property has been recovered will be determined according to Clause 2 of this Article.
What are the regulations on the application of proposal for sale in Vietnam?
An application of proposal for sale of public property, for previously withdrawn property, includes the following components as prescribed in Clause 1, Article 23 of Decree 151/2017/ND-CP:
"Article 23. Order and procedures for selling public property
1. State agencies that have public property in the cases specified at Points a, b and c, Clause 1, Article 43 of the Law on Management and Use of Public Property 01 set of application for sale of public property shall be sent to them. superior management agencies to consider and request competent agencies and persons specified in Clause 2, Article 22 of this Decree to consider and decide.
A dossier of request for sale of public property includes:
a) A written request for sale of public property from the agency assigned to manage and use the public property (specifying the form of sale, responsibility for organizing the sale of the property, the management and use of the proceeds from the sale of public property). property sale): 01 original;
b) The written request for sale of public property by the superior management agency (if any): 01 original;
c) List of properties to be sold (type, quantity, condition, original price, residual value according to accounting books; current use purpose; reason for sale): 01 original;
d) Opinion of the agency specialized in land use planning (in case the office is sold): 01 copy;
dd) Other documents related to the property sale proposal (if any): 01 copy."
Thus, public property that has been withdrawn of a state agency can be handled in the form of sale. In this case, the authority to sell public property and the composition of the application file for the sale of public property shall comply with the above provisions.
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