What are types of public property according to the law in Vietnam? Which agencies have the authority to recover public property in Vietnam?

What are types of public property according to the law in Vietnam?

Pursuant to Article 4 of the Law on Management and use of public property in 2017 (amended by Clause 2 Article 71 of the Law on Telecommunications in 2023) stipulating classification of public property:

- Public property used to manage and provide public services and ensure national security of competent state authorities, people’s armed forces, public service providers, authorities affiliated to Communist Party of Vietnam, socio-political organizations, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations;

- Infrastructural property serving national or public interests are technical infrastructure works, social infrastructure facilities, land areas, water areas or sea areas associated with infrastructure works, including: transport infrastructure, power supply infrastructure, irrigation infrastructure and response to climate change, urban infrastructure, industry cluster infrastructure, industrial zones, economic zones, high-tech zones, commercial infrastructure, information infrastructure, educational and training infrastructure, science and technology infrastructure, medical infrastructure, cultural infrastructure, sports infrastructure, tourism infrastructure and other infrastructure in accordance with provisions of law;

- Public property of enterprises;

- Property of state-funded projects;

- Money of the state budget, non-state budget financial funds and foreign exchange reserves of the State;

- Land; water resources, forest resources, mineral resources, marine resources, airspace, telephone numbers and other numbers serving state management, Vietnamese Internet resources, radio frequency spectrum, orbit satellites and other resources managed by the State according to regulations of law.

What are types of public property according to the law in Vietnam? Which agencies have the authority to recover public property in Vietnam? - image from internet

What are measures to be taken for withdrawn public property in Vietnam?

Pursuant to Clause 4 Article 71 of the Law on Management and use of public property in 2017 stipulating withdrawal of public property of state authorities:

Withdrawal of public property of state authorities

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4. Measures to be taken for withdrawn public property:

a) Distribute property to an authority or organization to manage or use as specified in Article 29 herein;

b) Transfer property as specified in Article 42 herein;

b) Sell or liquidate property as specified in Article 43 and Article 45 herein;

d) Destroy property as specified in Article 46 herein;

dd) Other measures depending on the Prime Minister’s decision.

As regulated above, following measures are taken for withdrawn public property:

[1] Distribute property to an authority or organization to manage or use as specified by law;

[2] Transfer property;

[3] Sell or liquidate property;

[4] Destroy property;

[5] Other measures depending on the Prime Minister’s decision.

Which agencies have the authority to withdraw public property in Vietnam?

Based on Article 17 of Decree 151/2017/ND-CP, the authority to decide on the recovery of state assets is as follows:

[1] The Minister of Finance decides on the recovery of:

- Office premises of centrally-managed state agencies;

- Assets that are not office premises of centrally-managed state agencies but are not recovered by the central ministries or agencies;

- Office premises of locally-managed state agencies that must be recovered but are not recovered by the local authorities.

[2] The Minister, Head of the central agency, or delegated authorities decide on the recovery of state assets that are not office premises of state agencies within the scope of management of the ministries or central agencies.

[3] The provincial People's Council delegates authority to decide on the recovery of state assets of state agencies within the local management scope.

[4] In case of discovering state assets being misused, exceeding standards or regulations, or being leased or used for other purposes not in accordance with regulations, by state agencies within the local area that are managed by central agencies, the Chairman of the provincial People's Committee recommends the Minister of Finance, the Minister, or the Head of the central agency to decide on the recovery according to the authority specified in paragraphs 1 and 2 of Article 17 of Decree 151/2017/ND-CP.