What are regulations on purchase of public property serving operation of public service facilities in Vietnam?

What are regulations on purchase of public property serving operation of public service facilities in Vietnam?

Pursuant to Article 52 of the Law on Management and Use of Public Property in 2017 stipulating purchase of public property serving operation of public service facilities in Vietnam as follows:

1. Purchase of a public service facilities and other property shall be made when the following requirements are fully met:

a) There is lack of property compared to criteria and norms;

b) The State has no property to distribute and the public service facility is not either for lease or provided fixed funding for using property.

2. There is no allocation of state budget to purchase public property that is used for commercial purposes, for lease or for joint venture purposes only.

3. Forms of purchasing public property and methods of selecting contractor providing property serving the operation of public service providers shall comply with provisions of Clauses 2, 3 and 4 Article 31 herein.

What are regulations on lease of property and provision of fixed funding for the use of public property of public service providers in Vietnam?

Pursuant to Article 53 of the Law on Management and Use of Public Property in 2017 stipulating lease of property and provision of fixed funding for the use of public property of public service providers in Vietnam as follows:

Lease of property and provision of fixed funding for the use of public property of public service providers shall conform to regulations of Article 32 and Article 33 herein.

What are regulations on use and operations management of public property of public service providers in Vietnam?

Pursuant to Article 54 of the Law on Management and Use of Public Property in 2017 stipulating use and operations management of public property of public service providers in Vietnam as follows:

1. Use of public property shall conform to the rules specified in Article 6 herein.

2. Lending or using public property for private purposes shall be banned.

3. Use of public property for commercial purposes, for lease or for joint venture purposes shall comply with regulations of Articles 55, 56, 57 and 58 herein.

4. Public service providers are entitled to use official-duty houses, intellectual property rights, application software, database and other public property to operate in accordance with provisions of this Law and relevant law; management and use of proceeds shall comply with regulations of law.

5. Public service providers are not permitted to use public property for mortgage or take measures for ensuring the fulfillment of other civil obligations if:

a) The public property is distributed by the State;

b) The public property is built or purchased by provision of the state budget;

c) Land use rights, except for land use rights used for commercial purposes, for lease or for joint venture purposes and the land rental has been paid in lump sum without origin from the state budget after ministers or heads of central authorities grant permission to central-affiliated public service providers and chairmen of People’s Committees of provinces grant permission to public service providers of provinces.

6. Operations management, preparation and management of documents on public property of public service providers shall apply to the state authorities specified in Article 35 and Article 37 herein.

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