Vietnam: What are the regulations on a sample of project for using public property for business, leasing, joint venture or association purposes?
- Sample proposal for using public property for business, leasing, joint venture or association purposes in 2022?
- What is the order of approval for a project for using public property for business or rental purposes?
- What is the order of approval for a project for using public property for joint venture or association purposes?
Sample proposal for using public property for business, leasing, joint venture or association purposes in 2022?
Pursuant to the provisions of Form No. 02/TSC-DA enclosed with Decree 151/2017/ND-CP of Vietnam on the sample of project for using public property for business, leasing, joint venture or association purposes as follows:
View details and download the project sample for using public property for business, leasing, joint ventures, or association purposes: Click here.
Vietnam: What are the regulations on a sample of project for using public property for business, leasing, joint venture or association purposes? (Image from the Internet)
What is the order of approval for a project for using public property for business or rental purposes?
Pursuant to the provisions of Clause 1, Clause 2, Clause 3, Article 44 of Decree 151/2017/ND-CP of Vietnam on the order of approval of a project for using public property for business or leasing purposes as follows:
Step 1: The public service provider is responsible for formulating a project on the use of public property for business, leasing, joint venture or association purposes using Form No. 02/TSC-DA enclosed with Decree 151/ 2017/ND-CP.
Step 2: The public service provider shall report to the superior management agency (if any) for consideration and request for appraisal opinions of the agency assigned to perform the task of public property management specified in Clause 2 of this Article. 19 of the Law on Management and Use of Public Property (for centrally managed units), Department of Finance (for locally managed units);
Step 3: Within 30 days from the date of receipt of the project, the agency assigned to perform the task of public property management specified in Clause 2, Article 19 of the Law on Management and Use of Public Property, the Department of Finance main review, give appraisal opinions on:
The need; the suitability of the project with the functions and tasks of the unit, the provisions of law on management and use of public property and relevant laws; the contents of the project need to be adjusted and perfected;
Step 4: Within 30 days from the date of receipt of the appraisal opinion, the public service provider is responsible for studying and absorbing the appraisal opinion in order to revise and complete the project and submit it to the agency. The competent person specified in Clause 2, Article 56 and Clause 2, Article 57 of the Law on Management and Use of Public Property approves.
Particularly for a project on using property that are the basis of non-business activities of public service providers with the historical cost according to the accounting books of VND 500 billion or more, the Ministers and Heads of central agencies must seek opinions of:
- Prime Minister of Vietnam (for centrally managed public service providers),
- The President of the People's Committee of the province must consult the Standing Committee of the People's Council of the same level (for non-business units under the management of the locality) before approving it.
Thus, the order of approving the project on using public property for business and leasing purposes is done according to the above 04 steps.
What is the order of approval for a project for using public property for joint venture or association purposes?
Pursuant to the provisions of Clause 1, Clause 2, Clause 4, Article 44 of Decree 151/2017/ND-CP of Vietnam, the order of approval of a project on the use of public property for joint venture or association purposes is as follows:
Step 1: The public service provider is responsible for formulating a project on the use of public property for business, leasing, joint venture or association purposes using Form No. 02/TSC-DA enclosed with Decree 151/2017/ND-CP.
Step 2: The public service provider shall report to the superior management agency (if any) for consideration and send it to the agency assigned to perform the task of public property management specified in Clause 2, Article 19 of the Law on Management, use public property (for centrally managed units), Department of Finance (for locally managed units);
Step 3: Within 30 days from the date of receipt of the project on using public property for the purpose of joint venture or association, the agency assigned to perform the task of public property management specified in Clause 2, Article 19 of the Law on Management and Use of Public Property to consider and give opinions on projects on the use of public property for joint venture or association purposes by centrally managed public service providers, and report to ministries and agencies central authority to consult the Ministry of Finance.
The Department of Finance considers and gives opinions on the project of using public property for the purpose of joint venture or association of public service providers under the management of the locality, and reports it to the People's Committee of the province for comments. Standing of the People's Council at the same level on the project of using public property for the purpose of joint venture or association;
Step 4: Within 30 days from the date of receipt of a complete and valid application, the Ministry of Finance and the Standing Committee of the Provincial People's Council are responsible for commenting on:
Completeness and validity of the dossier; the need; the suitability of the project with the functions and tasks of the unit, the provisions of law on management and use of public property and relevant laws; the contents of the project need to be adjusted and perfected;
Step 5: Ministers, heads of central agencies (for centrally-managed units), and presidents of provincial-level People's Committees (for locally-managed units) direct the unit having a project study and collect opinions to revise and complete the project, then submit it to the Minister, the Head of the central agency (for centrally managed units), the President of the provincial People's Committee (for locally managed units) within 30 working days from the date of receipt of written comments from the Ministry of Finance and the Standing Committee of the Provincial People's Council;
Step 6: Within 30 days from the day on which the completed project is received from the unit, the Minister, the Head of the central agency (for centrally managed units), the President of the People's Committee shall The province (for units under local management) decides to approve the project according to its competence or has a written response to the unit in case of disagreement with the project.
Particularly for projects on using property that are the basis of service activities of public service providers under the central management, whose historical cost according to accounting books is VND 500 billion or more, ministers and heads of central agencies shall The central government must consult the Prime Minister before approving.
Thus, the process of approving the project on using public property for the purpose of joint venture or association is carried out according to the above 06 steps.
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