Title: In What Manner is the Disposal of Government Vehicles Conducted? How is the Disposal of Government Vehicles through Sale Implemented?
What are the forms of public car liquidation?
Based on the regulation in Clause 2, Article 45 of the Law on Management and Use of Public Property 2017 and Clause 3, Article 45 of the Law on Management and Use of Public Property 2017, the liquidation of public cars is performed as follows:
Liquidation of public properties at state agencies
...
2. Public properties are liquidated in the following forms:
a) Demolition, destruction. Recovered materials and supplies from the demolition, destruction of assets are handled by sale;
b) Sale.
3. Based on the decision of the competent authority, the state agency with the liquidated properties is responsible for organizing the liquidation following the forms stipulated in Clause 2 of this Article. The liquidation in the form of sale is conducted following the provisions of Article 43 of this Law.
Thus, the liquidation of public cars is conducted in the following forms:
- Demolition, destruction. Recovered materials and supplies from the demolition, destruction of assets are handled by sale;- Sale.
In what form are public cars liquidated? How is the liquidation of public cars through sale conducted? (Image from the Internet)
In what cases are public cars liquidated?
Based on the regulation in Clause 1, Article 45 of the Law on Management and Use of Public Property 2017, the cases for the liquidation of public cars are as follows:
- Public properties have expired their use duration as stipulated by the law;- Public properties have not expired their use duration but are damaged beyond repair or repairing is not effective.
How is the liquidation of public cars through sale conducted?
Based on the regulation in Clause 3, Article 45 of the Law on Management and Use of Public Property 2017 as follows:
Liquidation of public properties at state agencies
...
3. Based on the decision of the competent authority, the state agency with the liquidated properties is responsible for organizing the liquidation following the forms stipulated in Clause 2 of this Article. The liquidation in the form of sale is conducted following the provisions of Article 43 of this Law.
Based on Article 43 of the Law on Management and Use of Public Property 2017, the sale of state-owned properties is regulated as follows:
Sale of public properties at state agencies
1. Public properties are sold in the following cases:
a) Public properties are recovered and processed for sale under the provisions of Article 41 of this Law;
b) State agencies are assigned to use public properties but no longer need to or reduce their need due to changes in organization, functions, duties, or other reasons that are not handled by recovery or transfer;
c) To rearrange the management and use of public properties;
d) Public properties are liquidated in the form of sale stipulated in Article 45 of this Law.
2. The sale of public properties is conducted in the form of auction, except for the sale of small-value public properties in the form of public price listing or designated sale as regulated by the Government of Vietnam.
3. The agency assigned to manage public properties as stipulated in Clauses 1, 2, and 3 of Article 19 of this Law or the state agency with the properties for sale is responsible for organizing the sale of properties following the provisions of law.
Additionally, based on the regulation in Article 31 of the Decree 151/2017/ND-CP as follows:
Organizing the liquidation of public properties in the form of sale
1. The liquidation of public properties in the form of sale is conducted through auction under the provisions of law, except for the cases stipulated in Clauses 2 and 3 of this Article.
2. The sale of public properties in the form of public price listing is applied in the following cases:
a) Public properties (except cars, office buildings, and other properties attached to land) with original book value under 500 million VND per unit and reassessed value from 10 million VND to under 50 million VND per unit;
b) Recovered materials and supplies from demolition, destruction with value from 10 million VND to under 50 million VND. The determination of the value of recovered materials and supplies is performed following Point b and Point c, Clause 2, Article 24 of this Decree.
3. The sale of public properties in the form of designated sale is applied in the following cases:
a) Public properties (except cars, office buildings, and other properties attached to land) with original book value under 500 million VND per unit and reassessed value under 10 million VND per unit;
b) Recovered materials and supplies from the liquidation of public properties in the form of demolition, destruction with value under 10 million VND. The determination of the value of recovered materials and supplies is performed following Point b and Point c, Clause 2, Article 24 of this Decree.
4. The sale of public properties in the form of auction is performed following Article 24 of this Decree; the handling of public properties in case of unsuccessful auction is performed following Article 25 of this Decree.
5. The sale of public properties in the form of public price listing is performed following Article 26 of this Decree.
6. The sale of public properties in the form of designated sale is performed following Article 27 of this Decree.
Thus, the liquidation of public cars in the form of sale is performed according to the above regulations.
Who has the authority to liquidate public cars?
Based on the regulation in Article 28 of the Decree 151/2017/ND-CP as follows:
Authority to decide the liquidation of public properties
The authority to decide the liquidation of public properties in the cases stipulated in Clause 1, Article 45 of the Law on Management and Use of Public Property is regulated as follows:
1. The ministers, heads of central agencies, decide or decentralize the authority to decide the liquidation of public properties at state agencies under the management scope of the ministry, central agency.
2. The provincial People's Council decentralizes the authority to decide the liquidation of public properties at state agencies under the management scope of the locality.
Thus, only the above-mentioned agencies are authorized to decide the liquidation of public cars.
LawNet