What are criteria and norms for the use of public property in Vietnam? What are rules for issuance of criteria and norms for the use of public property in Vietnam?

What are criteria and norms for the use of public property in Vietnam?

Pursuant to Article 24 of the Law on Management and Use of Public Property in 2017 stipulating criteria and norms for the use of public property in Vietnam as follows:

1. Criteria and norms for the use of public property of authorities and organizations are regulations on types, quantity, prices and entities eligible to use public property and are issued by competent authorities.

Prices in norms of using public property are defined as prices including payable taxes; in the cases where tax exemption is granted, exempted tax amounts shall be fully accounted for.

2. Criteria and norms for the use of public property are used as a basis for making plans and estimating costs; assignment, construction investment, purchase and lease of property, provide fixed funding for public property; management, use and disposal of public property of authorities and organizations.

What are rules for issuance of criteria and norms for the use of public property in Vietnam?

Pursuant to Article 25 of the Law on Management and Use of Public Property in 2017 stipulating rules for issuance of criteria and norms for the use of public property in Vietnam as follows:

1. Within competence.

2. Following procedures for issuance as prescribed by law.

3. In accordance with assigned functions and tasks; capacity of the state budget; degree of autonomy of public service providers.

Which entities have power to issue criteria and norms for the use of public property in Vietnam?

Pursuant to Article 26 of the Law on Management and Use of Public Property in 2017 stipulating power to issue criteria and norms for the use of public property in Vietnam as follows:

1. The Government shall set criteria and norms for the use of the following public property:

a) Workplaces, public service facilities;

b) Cars;

c) Public property of overseas Vietnamese authorities.

2. The Prime Minister shall set criteria and norms for the use of the following public property:

a) Special-purpose property of people’s armed forces;

b) Official-duty house;

c) Machines, equipment and public property that are commonly used in authorities and organizations, except for the public property specified in Clause 1 this Article.

3. Based on regulations of competent authorities specified in Clause 1 and Clause 2 this Article, ministries and ministerial authorities shall provide detailed guidelines for criteria and norms for the use of single-purpose property within scope of their management.

4. Based on regulations of competent authorities specified in Clauses 1, 2 and 3 this Article, ministries and central authorities shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property of authorities and organizations within scope of their management, except for provisions of Clause 7 this Clause.

5. Based on regulations of competent authorities specified in Clauses 1, 2 and 3 this Article and after reaching an agreement with the Standing Committees of People’s Councils and People's Committees of provinces shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property of authorities and organizations within scope of their management, except for provisions of Clause 7 this Clause.

6. For the public property that is not specified in Clauses 1, 2 and 3 this Clause, competent authorities stated in Clause 4 and Clause 5 this Clause shall set standards and norms to apply within their scope of management.

7. Heads of public service providers shall ensure operating costs and investment costs to make a decision on application of criteria and norms for the use of public property at their workplaces, excluding criteria and norms for area of workplaces, cars, machines and equipment of managing titles.

What are regulations on responsibilities for inspection of criteria and norms for the use of public property in Vietnam?

Pursuant to Article 27 of the Law on Management and Use of Public Property in 2017 stipulating responsibilities for inspection of criteria and norms for the use of public property in Vietnam as follows:

1. Ministries, central authorities and People’s Committees of all levels shall conduct inspection of the compliance with criteria and norms for the use of public property within scope of assigned tasks and entitlements.

2. Authorities and organizations that are assigned to manage and use public property shall inspect the compliance with criteria and norms for the use of public property.

3. Inspection of the compliance with criteria and norms for the use of public property shall be carried out in the entire process of construction investment, purchase, distribution, lease, use and disposal of public property.

4. During the process of inspection, if any violations against regulations on criteria and norms for the use of public property are found, authorities and organizations specified in Clause 1 and Clause 2 this Article shall promptly take actions against such violations within their competence or report them to competent authorities.

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