Authority to manage public property for public non-business units and information technology application activities in Vietnam

Competence to manage public property for public non-business units in Vietnam

Pursuant to Article 7 of the Regulation on decentralization and authorization of financial management, public assets, procurement of goods and services, investment in information technology application and public investment promulgated together with Decision 496/QD-BTP in 2022, competence to manage public property for public non-business units is as follows:

1. Minister:

a) Decide to approve the scheme on the use of public property at the public non-business unit for business, leasing, joint venture or association purposes after consulting the Ministry of Finance on the use of assets for other purposes. joint venture purposes.

b) The Minister authorizes the Deputy Minister in charge of the unit:

Decision approving the economic-technical report or investment project; approve settlement of projects on renovation and repair of public non-business establishments with a total investment of VND 5 billion or more, except for the case specified at Point d, Clause 3 of this Article.

2. The Minister assigns heads of public non-business units to cover part of recurrent expenditures by themselves, and non-business units whose recurrent expenditures are guaranteed by the State:

a) Decide on the purchase and sale of public assets (except for non-business establishments, automobiles), and lease of public assets from the non-business development development fund or from borrowed capital or capital mobilized according to the policy regulations to serve the non-business activities and business activities of the unit;

b) Decision on liquidation of public assets (except non-business establishments, cars);

c) Decision approving the economic-technical report or investment project; approve the settlement of projects on repair of non-business establishments with a total investment of less than VND 5 billion from the unit's non-business revenue; recurrent expenditures provided by the state budget;

dd) The authority to decide on other contents other than those specified at Points a, b, c and d of this Clause shall comply with Clause 4, Article 6 of this Regulation.

3. The Minister assigns heads of non-business units to self-finance recurrent expenditures:

a) Decide on the purchase and sale of public assets (except for non-business establishments, automobiles), and lease of public assets from the non-business development development fund or from borrowed capital or capital mobilized according to the policy regulations to serve the non-business activities and business activities of the unit;

b) Decision on liquidation of public assets (except non-business establishments, cars);

c) Decide standards and norms for using specialized machinery and equipment as prescribed at Point a, Clause 1, Article 6 of Decision No. 50/2017/QD-TTg ;

d) Decision approving the economic-technical report or investment project; approving the final settlement of projects on renovation and repair of public non-business establishments from non-business revenues of units and projects with a total investment of less than VND 5 billion using recurrent expenditures funded by the state budget grant;

dd) The authority to decide on other contents other than those at Points a, b, c and d of this Clause shall comply with Article 6 of this Regulation.

4. The authority of heads of public non-business units to self-finance recurrent and investment expenditures shall comply with the law on management of public assets. The contents not yet specified in the legal documents on public property management shall comply with the provisions of Clause 3 of this Article.

Competence to manage information technology application activities in Vietnam

Pursuant to Article 8 of Regulation on decentralization and authorization of financial management, public assets, procurement of goods and services, investment in information technology application and public investment promulgated together with Decision 496/QD-BTP in 2022, competence to manage information technology application activities is as follows:

1. The following competence to manage information technology application investment projects is similar to the authority specified in Article 9 on public investment management:

a) Information technology application projects funded by the state budget;

b) Information technology application projects funded by the retained earnings of state agencies and non-business units;

c) Investment activities in information technology application using recurrent expenditures with a budget of over VND 15 billion to establish, expand or upgrade technical infrastructure, software, database.

2. Competence to manage information technology application activities using recurrent expenditures and retained earnings according to the following regimes and comply with the law on goods procurement in order to maintain regular operations of agencies and units specified in Article 5 or to procure public property specified in Articles 6 and 7 of this Regulation:

a) Procurement for backup, replacement of hardware equipment under the existing technical infrastructure system;

b) Procurement of equipment without installation, commercial software; maintenance, maintenance and repair of technical infrastructure systems, software; operation management, hiring administrators, technical support of information systems, network security services, information safety;

c) Create and maintain database system; ensure the operation of the portal/website;

d) Information technology application activities with a budget of 200 million VND or less to establish new, expand or upgrade technical infrastructure, software and databases;

dd) Information technology application activities using recurrent funds to immediately overcome or promptly handle the consequences caused by natural disasters, fires or perform incident settlement tasks according to requests of the National Assembly, the Government, the Prime Minister or professional requirements specified in legal documents.

3. Competence to perform management over investment activities in information technology application to establish, expand or upgrade technical infrastructure systems, software and databases using recurrent expenditures belonging to the state budget capital, it is required to make detailed outlines and estimates:

a) The Minister authorizes the Deputy Minister in charge of the unit:

Decide on approval of outline and detailed estimate, contractor selection plan for information technology application activities to establish, expand or upgrade technical infrastructure, software, infrastructure databases with a total value from over 500 million VND to 15 billion VND of units under the Ministry (except for the content decentralized to the units at Points b and d of this Clause).

b) The Minister decentralizes to the General Director of the General Department of Civil Judgment Execution:

Decide on approval of outline and detailed estimate, contractor selection plan for information technology application activities to establish, expand or upgrade technical infrastructure, software, infrastructure The database has a total value from over 200 million VND to 03 billion VND of subordinate estimating units.

c) The Minister decentralizes to the Director of the Department of the Ministry, the Chief of the Office of the Ministry, the Chief Inspector of the Ministry, the head of the Program/Project Management Board; Heads of non-business units under the Ministry (except for the case specified at Point d of this Clause):

To decide to approve the outline and detailed estimate, contractor selection plan for information technology application activities to establish, expand or upgrade the technical infrastructure system, software, database has a total value from over 200 million VND to 500 million VND.

d) The Minister assigns heads of non-business units to self-finance recurrent and investment expenditures and non-business units to self-finance recurrent expenditures to decide on approval of outlines and detailed estimates, selection plans of contractors with information technology application activities to establish, expand or upgrade technical infrastructure systems, software and databases using the remaining non-business revenue of the unit.

4. Competence to manage the performance of information technology service hire activities using recurrent expenditures from the state budget and retained revenues: Competence to approve rental plans and housing selection plans Contractors shall comply with the provisions of Clauses 1, 2 and 3 of this Article.

Best Regards!