Is it necessary to establish the all-people ownership when the public hospital is funded by enterprises in Vietnam?

Is it necessary to establish the all-people ownership when the public hospital is funded by enterprises in Vietnam?

Pursuant to Article 7 of Decree 29/2018/ND-CP stipulating authority to establish the all-people ownership of property as follows:

1. The Minister of Finance shall decide to establish the all-people ownership with respect to:

a) property of which ownership is transferred by organizations and persons to the State if entities, organizations or units receiving such property for use are not specifically defined, except for those property specified in clause 2 and clause 3 in this Article.

b) property subject to ownership transfer from organizations or persons to the State, maybe including real property, motor vehicles and property other than real property and motor vehicles, that is worth at least 500 million dong per a unit transferred to entities or organizations under the central government’s management upon the requests of ministries and central agencies; except those property stipulated in clause 2 and 3 in this Article.

2. The Minister of National Defense shall decide or decentralize authority to decide establishment of the all-people ownership of property with respect to special property and dedicated property in the national defence sector of which ownership is transferred by organizations or persons to the State.

3. The Minister of Public Security shall decide or decentralize authority to decide establishment of the all-people ownership of property with respect to special property and dedicated property in the security sector of which ownership is transferred by organizations or persons to the State.

4. The Minister of Home Affairs shall decide or decentralize authority to decide establishment of the all-people ownership of property with respect to property under the ownership of social funds or charity funds dissolved under the decision issued by the Minister of Home Affairs.

5. Ministers and Heads of central agencies shall decide and decentralize authority to decide establishment of the all-people ownership of property with respect to:

a) property of which ownership is transferred by organizations or individuals to the State, and is then transferred by the State to entities and organizations affiliated to ministries or central agencies, outside of the scope prescribed in clause 1, 2 and 3 in this Article.

b) property transferred to the State under terms and conditions of public-private partnership project contracts if entities signing these contracts under the control of the central government are accorded such authority after receipt of consent from the Ministry of Finance.

6. Chairpersons of the provincial People’s Committees or competent persons shall be accorded authority to decide establishment of the all-people ownership of property by provincial-level People’s Councils with respect to:

a) buried, concealed or sunken property; ownerless real property; unheired real property; dropped or negligently left property which includes historical - cultural relics; property involved in cases specified in this clause, including either real property or historical – cultural relics and movable property.

b) property of which ownership is transferred by organizations or individuals to the State, and is then transferred by the State to entities and organizations affiliated to local jurisdictions, except for those prescribed in clause 2 and 3 in this Article.

c) property transferred by foreign-invested enterprises without reimbursement required to the State under commitments after termination of their business.

d) property under the ownership of social funds and charity funds dissolved under the decisions of the Chairpersons of provincial-level People’s Committees or decisions of the Chairpersons of the district-level People’s Committees who are authorized to issue these decisions.

dd) property transferred to the State under terms and conditions of public-private partnership project contracts if entities signing these contracts under the control of the central government accorded such authority are put under the control of local jurisdictions.

7. The Chairpersons of the district-level People’s Committees shall be vested with authority to decide to establish the all-people ownership of property with respect to dropped, negligently left property and unheired estates outside of the scope specified in point a of clause 6 in this Article.

8. The Directors of Customs Departments shall be vested with authority to establish the all-people ownership of property with respect to stagnant goods stored within customs territories.

If the transferred assets are real property, motor vehicles and property other than real property and motor vehicles valued at least 500 million dong per a unit transferred to entities or organizations under the central government’s management upon the requests of ministries and central agencies, they shall have to establish the all-people ownership and fall under the authority of the Minister of Finance to decide. 

If the property is transferred by organizations or individuals to the State of Vietnam nd is then transferred by the State to entities and organizations affiliated to ministries or central agencies that do not fall into the above case, the decided by Ministers and Heads of central agencies or decentralize authority to decide on the establishment of the all-people ownership of property.

What are processes and procedures for establishing the all-people ownership of property of which ownership is voluntarily transferred by enterprises to a public hospital in Vietnam?

Pursuant to Article 14 of Decree 29/2018/ND-CP stipulating processes and procedures for establishing the all-people ownership of property of which ownership is voluntarily transferred by organizations or individuals to the State as follows:

1. As for property of which ownership is transferred by an organization or individual to the State as provided in point a of clause 1 of Article 7 herein, upon receipt of the request of this organization or individual for transfer of ownership of the property, the entity presiding over management of the property specified in clause 9 of Article 5 herein shall consult legislative regulations in force and specialized laws regarding the property to determine whether the receipt of transferred property conforms to these laws and shall bear responsibility for such determination.

2. As for property of which ownership is transferred by an organization or individual to the State, if the entity, organization or unit managing and using the property is specifically identified, upon receipt of the request from this organization or individual for transfer of ownership of that property, the entity presiding over management of the property as referred to in clause 8 of Article 5 herein shall consult legislative regulations in force and specialized laws regarding the property to determine whether the receipt of transferred property conforms to these laws and shall bear responsibility for such determination.

3. In case it is established that the transfer of property is conformable to laws, within duration of 07 working days of receipt of the transferred property, the entity presiding over management of the transferred property shall be responsible for submitting application documents to the superior supervisory entity (if any) to request the entity and competent person referred to in clause 1, 2, 3, 5 and 6 of Article 7 herein to issue the decision on the all-people ownership of such property.

Documents submitted to apply for establishment of the all-people ownership of such goods shall comprise:

a) Application form for establishment of the all-people ownership of property, including the plan for disposal of property prescribed in point c of clause 2 of Article 18 herein: 01 original copy.

b) Table of type, quantity, weight, value and current status of the transferred property: 01 original copy.

c) Contract for gifting and donation of property in case of transfer made in the form of gifting or donation and in case such contract is required by laws: 01 duplicate copy.

d) Documents evidencing the right to own and use the transferred property and form of transfer (if any): 01 duplicate copy.

4. Within duration of 07 working days of receipt of all required documents stipulated in clause 3 of this Article, the entity and the competent person referred to in clause 1, 2, 3, 5 and 6 of Article 7 herein shall be responsible for issuing the decision on establishment of the all-people ownership of the transferred property by using the Form No. 01-QDXL given in an Appendix hereto.

5. In case where it is confirmed that the transfer of property is not conformable to laws, the entity recommended for receipt of that property shall be obliged to refuse such receipt; in case of failure to do so, actions referred to in clause 3 and 4 in this Article shall be taken.

Thus, the processes and procedures for establishing the all-people ownership of property of which ownership is voluntarily transferred by enterprises to a public hospital in Vietnam are carried out in accordance with the above law. 

A dossier of application for establishing the all-people ownership of property in Vietnam includes a Application form for establishment of the all-people ownership of property, a table of type, quantity, weight, value and current status of the transferred property, Contract for gifting and donation of property in case of transfer made in the form of gifting or donation.

Best Regards!