What are procedures for conducting disposition of public property according to planning in Vietnam?

What are procedures for conducting disposition of public property according to planning in Vietnam? - image from internet

Pursuant to Article 5 of the Decree 167/2017/ND-CP on disposition of public property stipulating procedures for conducting disposition of public property according to planning in Vietnam:

1. A body or enterprise directly managing and using property shall, according to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Decree, send a declaration and proposal on property disposition plan associated with property to the superior body (if any); the superior body shall send a report to the competent authority as prescribed in Clause 2 Article 4 of this Decree.

The preparation of declarations and property disposition plans as prescribed in this Clause shall be done in accordance with form No. 01 in Appendix issued together with this Decree.

For enterprises, when proposing disposition of property plans, they must reach agreement with competent agencies of enterprises according to the provisions of law on enterprises and management and use of state capital invested in business at enterprises.

2. The inspection of the current conditions, formulation of plans and approval of disposition of property plans (except for property specified in Clause 3 of this Article) shall be carried out as follows:

a) Competent authorities in charge of preparing disposition of property plans as prescribed in Clause 2, Article 4 of this Decree, which shall assume the prime responsibility for inspecting the current state of management and use of property and make a report using Form No. 02 in the Appendix to this Decree for each property. Particularly for property belonging to special property in the people's armed forces units, the inspection of current situation shall be conducted by the Ministry of Defense and the Ministry of Public Security;

b) On the basis of the results of the inspection of the current conditions, central ministries shall consider preparing property disposition plans under their management and request for consultation of the People's Committee of province where the property is located;

c) Within 30 days after receiving property disposition plan associated with property under management of central government in Point b of this Clause, the People's Committee of province where the property is located shall give a written opinion on the plan; on that basis, central ministries shall complete the plan and send it to the Ministry of Finance, the Ministry of Finance shall then:

- Give a written opinion on the property disposition plan associated with property at People’s armed forces; on that basis, the Ministry of National Defense or the Ministry of Public Security shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point a Clause 1 Article 6 of this Decree;

- Request the Prime Minister to consider approving property disposition plans associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree;

- Give written opinions on property disposition plan associated with sale of property on land, assignment of land use right under management of Prime Minister prescribed in Clause 3 Article 11 of this Decree; on that basis, the central ministry shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point c Clause 1 Article 6 of this Decree;

- Consider approving plan within its competence as prescribed in Clause 2 Article 6 of this Decree;

d) Based on the result of inspection of current conditions, the Department of Finance shall consider preparing a property disposition plan within management of province and send a report to the People’s Committee of province, the People’s Committee of province shall then:

- Request the Prime Minister to consider approving plans associated with sale of property on land, assignment of land use right under management of the Prime Minister as prescribed in Point b Clause 3 Article 11 of this Decree upon receipt of opinions of the Ministry of Finance;

- Consider approving plan within its competence as prescribed in Clause 3 Article 6 of this Decree.

3. Inspection of current conditions, preparation of plans, and approval for property disposition plans under central management (other than property at People’s armed forces affiliated to the Ministry of National Defense, the Ministry of Public Security) in Hanoi, Ho Chi Minh, Da Nang, Can Tho, Hai Phong cities shall be carried out as follows:

a) Each competent authority prescribed in Point a Clause 2 Article 4 of this Circular shall consolidate and prepare property disposition plans of bodies and enterprises within its scope of management and send them to the Ministry of Finance;

b) The Ministry of Finance shall take charge and cooperate with relevant agencies in inspecting the current management and use of property and make a report using form No. 02 of Appendix issued herewith;

c) Based on the result of inspection of conditions, the Ministry of Finance shall make a proposed property disposition plan, and then request for consultation of the People’s Committee of province where the property is located;

d) Within 30 days after receiving property disposition plan associated with property under management of central government in Point c of this Clause, the People's Committee of province where the property is located shall give a written opinion to the plan to the Ministry of Finance; the Ministry of Finance shall then:

- Request the Prime Minister to consider approving property disposition plans associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree;

- Give written opinions on property disposition plan associated with sale of property on land, assignment of land use right under management of Prime Minister prescribed in Clause 3 Article 11 of this Decree; on that basis, the central ministry shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point c Clause 1 Article 6 of this Decree;

- Consider approving plan within its competence as prescribed in Clause 2 Article 6 of this Decree.

4. Based on property disposition plans approved by competent authorities prescribed in Article 6 of this Decree, the competent authorities prescribed in Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Decree shall decide the options for disposition of property.

5. Procedures for disposition of property of bodies and enterprises whether under management of the People’s Committees of provinces but located on other provinces or those affiliated to central ministries shall be carried out similarly.

Above are procedures for conducting disposition of public property according to planning in Vietnam. Please refer to the Decree 167/2017/ND-CP for more details.

Best regards!