Asset recovery is one of the forms of asset handling at the Communist Party agency as specifically stipulated in Decree 165/2017/ND-CP.
Property at the Communist Party agency will be reclaimed in the following cases:
- The office is not used continuously for more than 12 months;- A new office is assigned or investment is made to construct another office to replace the old one;- The property is used by the wrong entities, exceeds standards, limits; used for incorrect purposes, lent out;- Transferred, sold, gifted, contributed in capital, used to ensure performance of uncivil obligations; used for business purposes, leased, joint ventured, or linked inappropriately;- The property has been assigned, constructed, or procured but is no longer needed or the usage and exploitation are ineffective, or the need for usage declined due to changes in organizational apparatus, functions, and tasks;- Must be replaced due to technical or technological updates as per the decision of the competent authority;- The agency of the Communist Party voluntarily returns the property;- Other cases as prescribed by law
Regarding the authority to decide on the reclamation of property at the Communist Party agency as follows:
- The Chief of the Office of the Central Communist Party decides or delegates decision-making authority on the reclamation of property at the central Communist Party agency;- The Standing Committee of the Provincial Party decides or delegates decision-making authority on the reclamation of property at the Communist Party's subordinate budgetary unit under the Provincial Party Office;- The Standing Committee of the District Party decides on the reclamation of property formed from the reserve budget fund of the Communist Party serving activities at the District Party's budgetary unit under the district state budget;- The agency or person with authority as delegated by the Provincial People's Council decides on the reclamation of property assigned by the State in kind and property invested, constructed, or procured from the state budget at the District Party Office, which is the budgetary unit under the district state budget;
The authority to reclaim the right to use the land assigned for office construction projects with slow land usage progress must follow the regulations of the land laws.
More details can be found in Decree 165/2017/ND-CP effective from January 01, 2018.
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