Authority to make decisions on the handling of public property in cases of loss or destruction in Vietnam from October 30, 2024

Authority to make decisions on the handling of public property in cases of loss or destruction in Vietnam from October 30, 2024​ (Image from the Internet)

On September 15, 2024, the Government of Vietnam issued Decree 114/2024/ND-CP which amends Decree 151/2017/ND-CP guiding the Law on Management and Use of Public Property 2017.

Authority to make decisions on the handling of public property in cases of loss or destruction in Vietnam from October 30, 2024

According to the provisions of Article 34 Decree 151/2017/ND-CP (amended by Clause 25 Article 1 Decree 114/2024/ND-CP), the authority to decide on public property handling in case of loss or destruction in Vietnam is as follows:

- Ministers and heads of central agencies shall regulate the authority to decide on the handling of public property that is fixed assets at state agencies under the management of ministries or central agencies in cases of loss or destruction.

- Provincial People's Councils shall regulate the authority to decide on the handling of public property that is fixed assets at state agencies under the local management in cases of loss or destruction.

- Heads of state agencies assigned to manage and use public property decide on handling in cases of loss or destruction for:

+ Public property that is fixed assets as per the authority prescribed by Ministers, heads of central agencies, and Provincial People's Councils.

+ Public property that is not fixed assets.

- Public property partly lost or destroyed does not require the procedure to decide on property handling in case of loss or destruction; state agencies assigned to manage and use the property are responsible for determining the cause, accountability, and taking measures as follows:

+ If the property can continue to be used or be repaired for continued use, based on the results of determining the cause and responsibility, the state agency assigned to manage and use the property shall adjust the original price of the fixed assets for accounting in accordance with the Ministry of Finance of Vietnam's guidance.

+ If the public property partially lost or destroyed cannot be used or the repair is not effective, the state agency assigned to manage the property shall follow the liquidation procedure for the property according to the provisions of Articles 28, 29, 30, and 31 Decree 151/2017/ND-CP (amended by Decree 114/2024/ND-CP).

As per the current regulation, the authority to decide on public property handling in cases of loss or destruction is prescribed in Article 34 Decree 151/2017/ND-CP as follows:

More details can be found in Articles 96, 97, 98, and 99 of Decree 151/2017/ND-CP are no longer effective in Vietnam from January 1, 2025.

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