Vietnam: The latest form of minutes of handing over and receiving public property in 2022? What is the order to transfer public property?
The latest minutes of handing over and receiving public property in 2022?
Pursuant to the provisions of Form No. 01/TSC-BBGN enclosed with Decree 151/2017/ND-CP of Vietnam, the form of minutes of handing over and receiving public property is as follows:
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Vietnam: The latest form of minutes of handing over and receiving public property in 2022? What is the order to transfer public property? (Image from the Internet)
What is included in the application for transfer of public property?
Pursuant to the provisions of Clause 1, Article 21 of Decree 151/2017/ND-CP of Vietnam, an application for transfer of public property includes:
(1) The written request for property transfer of the state agency assigned to manage and use the property: 01 original;
(2) A written request to receive property of the agency, organization or unit: 01 original;
(3) A written request for transfer and receipt of property from the superior management agency (if any): 01 original;
(4) List of assets proposed to be transferred (type, quantity, condition; historical cost, residual value according to accounting books; current use purpose and expected use purpose after the transfer in case the transfer is associated with the conversion of the property's use; reason for the transfer): 01 original;
(5) Other documents related to the property transfer request (if any): 01 copy.
What is the order to transfer public property?
Pursuant to the provisions of Article 21 of Decree 151/2017/ND-CP of Vietnam, the order of transfer of public property is as follows:
Step 1: When there is property to be transferred, the state agency having the property shall make 01 set of dossier and send it to the superior management agency (if any) for consideration and request the competent agency or person to transfer the property according to the provisions of Article 20 of this Decree.
(The application file for property transfer includes the papers and documents mentioned in the above section)
Step 2: Within 30 days from the date of receipt of a complete and valid application, the agency or person competent to transfer the property as prescribed in Article 20 of Decree 132/2020/ND-CP shall decide to transfer public property or respond in writing in case the transfer request is not appropriate.
The agency assigned to perform the task of managing public property specified in Clauses 1, 2 and 3, Article 19 of the Law on Management and Use of Public Property shall appraise the request for transfer of property in case of the transfer of assets shall be decided by the Minister of Finance, the Minister, the head of the central agency, the President of the People's Committee of the province and the President of the People's Committee of the district, according to their competence.
In case the transfer of public property falls under the decision-making competence of the Prime Minister specified at Point a, Clause 2, Article 20 of Decree 151/2017/ND-CP of Vietnam, the Minister of National Defense and the Minister of Public Security shall submit them to the Prime Minister for consideration and decision.
In case the transfer of public property falls under the decision-making competence of the Prime Minister as prescribed at Point b, Clause 2, Article 20 of Decree 151/2017/ND-CP of Vietnam, on the basis of the proposal of the Minister, the head of the agency Central Government, relevant provincial-level People's Committee chairpersons, Finance Minister submit to the Prime Minister for consideration and decision.
In case the transfer of public property falls under the decision-making authority of the People's Council of the province, the Department of Finance shall appraise the request for property transfer and submit it to the People's Committee of the province to report to the People's Council of the province to consider and decide.
Step 3: Within 30 days from the date of the decision on asset transfer of the agency, competent person, state agency having the transferred property and the agency, organization or unit receiving the property Transfer is responsible for:
- Organizing the handover and receipt of assets; the organization of the handover and receipt of the property shall be recorded in a record according to Form No. 01/TSC-BBGN enclosed with Decree 151/2017/ND-CP of Vietnam;
- Record the decrease or increase in assets according to the current accounting regime;
- Register property ownership and use rights in accordance with law; report on declaration of changes in assets as prescribed in Article 126, Article 127 of Decree 151/2017/ND-CP of Vietnam.
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