If the public property of state authorities of Vietnam is used for improper purposes, will the property be withdrawn? What are the withdrawal procedures?
- If the public property of state authorities of Vietnam is used for improper purposes, will the property be withdrawn?
- Who has the authority to withdraw public property that is used for improper purposes by state authorities of Vietnam?
- What are the procedures for the withdrawal of public property by state authorities of Vietnam used for improper purposes?
If the public property of state authorities of Vietnam is used for improper purposes, will the property be withdrawn?
Pursuant to Clause 1, Article 41 of the Law on Management and Use of Public Property 2017, public property at a state authority shall be withdrawn in the following cases:
"Article 41. Withdrawal of public property of state authorities
1. Public property shall be withdrawn if:
a) A workplace has not been operated continuously for over 12 months;
b) The State appoints a new location of workplace or invests in construction of another workplace to replace the current one;
c) Property is used for improper subjects, exceeding criteria and norms; used for improper purposes or lent;
d) Property is transferred, sold, given, contributed capital or used to ensure the fulfillment of civil obligations illegally; used for commercial purposes, for lease or for joint venture purposes illegally;
dd) Property has been distributed, invested in construction, purchases but is no longer used or the use and operation of property is not effective or demand for use is declined due to change in organizational structure, functions or tasks;
e) Property is replaced due to demand for technical and technological innovation according to a competent authority's decision;
g) A competent state authority assigned to manage and use property voluntarily returns it to the State;
h) Other cases as prescribed by law."
Based on the above provisions, it can be seen that one of the cases leading to the consequences of public property being withdrawn is property is used for improper purposes. Therefore, in the case you mentioned, this public property will be withdrawn.
If the public property of state authorities of Vietnam is used for improper purposes, will the property be withdrawn?
Who has the authority to withdraw public property that is used for improper purposes by state authorities of Vietnam?
Competence to decide on the withdrawal of public property at state authorities is prescribed in Article 17 of Decree 151/2017/ND-CP as follows:
"Article 17. Authority to decide on the withdrawal of public property
The authority to decide on the withdrawal of public property in the cases specified in Clause 1, Article 41 of the Law on Management and Use of Public Property is prescribed as follows:
1. The Minister of Finance decides to withdraw:
a) Working offices of state authorities under the central management;
b) properties that are not the working offices of centrally-managed state authorities must be withdrawn but not withdrawn by ministries or central agencies;
c) Working office of the state authority under the management of the locality must be withdrawn but the locality does not.
2. Ministers and heads of central agencies shall decide or delegate authority to decide on the withdrawal of public property other than the working offices of state authorities under the management of ministries or central agencies.
3. Provincial-level People's Councils decentralize authority to decide on the withdrawal of public property of state authorities under their local management.
4. In case it is discovered that public property managed by a central state authority in the locality is used for wrong purposes, exceeding the standards, norms and regimes promulgated by competent agencies or persons, lease or perform other activities in contravention of regulations and must be withdrawn, the President of the People's Committee of the province shall propose the Minister of Finance, the Minister or the Head of the central agency to decide on the withdrawal according to their competence specified in Clauses 1 and 2 of this Article."
Accordingly, you can compare the above regulations with specific properties at your agency to determine which entity has the authority to make decisions on the withdrawal of public property.
What are the procedures for the withdrawal of public property by state authorities of Vietnam used for improper purposes?
In this case, the public property is withdrawn for the reasons specified in Point c, Clause 1, Article 41 of the Law on Management and Use of Public Property 2017. Therefore, the order and procedures for withdrawal shall comply with regulations in Clause 2, Article 18 of Decree 151/2017/ND-CP as follows:
"Article 18. Order and procedures for withdrawal of public property
...
2. In case of withdrawal of public property as prescribed at Points a, b, c, d, dd and e, Clause 1, Article 41 of the Law on Management and Use of Public Property:
a) Agencies with the function of inspecting, examining, auditing, sanctioning administrative violations and other state management agencies when detecting public property falling into the cases specified at Points a, b, c, d, dd and e, Clause 1, Article 41 of the Law on Management and Use of Public Property, make a written petition and transfer the dossier (if any) to the agency or person competent to withdraw properties as prescribed in Clauses 1, 2 and 3, Article 17 of this Decree for consideration and decision on withdrawal in accordance with law;
b) Within 30 days from the date of receipt of petitions and dossiers (if any) sent by the agencies specified at Point a of this Clause, the agencies or persons competent to withdraw the property as prescribed in Clauses 1, 2 and 3, Article 17 of this Decree is responsible for inspecting and verifying the management and use of public property as requested;
c) Within 30 days from the date of completion of the inspection and verification, the competent agency or person specified in Clauses 1, 2 and 3, Article 17 of this Decree shall issue a decision on asset withdrawal if properties are subject to withdrawal according to regulations. The main contents of a decision on the withdrawal of public property shall comply with the provisions of Point b, Clause 1 of this Article.
If through inspection and verification, the property is not subject to withdrawal as prescribed by law, the agency or person competent to withdraw the property as prescribed in Clauses 1, 2 and 3, Article 17 of this Decree shall be notified in writing to the agency that made the request;
d) The order and procedures for asset withdrawal and the exploitation and handling of the property after withdrawal shall comply with the provisions of Points c, d and dd, Clause 1 of this Article."
Thus, in the case of public property used for improper purposes at a state authority, the competent entity will issue a decision on withdrawal in accordance with the order and procedures prescribed by law to withdraw the public property.
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