Decree 50/2025 amending Decree 151/2017 on the management of public assets in Vietnam

On February 28, 2025, the Government of Vietnam issued Decree 50/2025/ND-CP amending the Decrees guiding the Law on Management and Use of Public Assets.

Decree 50/2025 on amendments to the management of public assets in Vietnam

It includes amendments to several regulations related to handling public assets as prescribed in Decree 151/2017/ND-CP, such as:

1. Handling and exploiting public assets with a recovery decision by a competent agency or person (Article 19)
2. Handling public assets in cases of merger, consolidation, division, dissolution, or termination of activities (Article 35b)
3. Management and use of proceeds from handling public assets in state agencies (Article 36)
4. …

Decree 50/2025 amending Decree 151/2017 on the management of public assets in Vietnam​ (Image from the internet)

Handling and exploiting public assets after a recovery decision is issued by a competent agency or person in Vietnam

1. The handling of public assets with a recovery decision from a competent agency or person is executed according to the forms prescribed in Clause 4, Article 41 of the Law.

The authority, procedures, and handling of public assets with a recovery decision by a competent agency or person following the forms prescribed in Points a, b, c, and d, Clause 4, Article 41 of the Law are implemented in accordance with Articles 4a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33 of Decree 151/2017/ND-CP. The document proposing asset handling in the application for handling is replaced by the asset handling plan for recovery implemented by the agency assigned to manage public assets as specified in Point c, Clause 1, Article 18 of Decree 151/2017/ND-CP; wherein the reason for the handling proposal is the handling of recovered assets.

2. The scope and form of exploiting public assets with a recovery decision but without a handling decision by a competent agency or person:

- Arrangement of workplace headquarters, operational bases with a recovery decision (including or not including other existing assets at the workplace headquarters, operational bases) for state agencies, units of the people's armed forces, public service providers, Communist Party of Vietnam agencies, Vietnam Fatherland Front, political-social organizations to use temporarily in the absence of assets or during periods of renovation, repair, upgrading, construction of workplace headquarters, operational bases upon the proposal of agencies, organizations, units and the higher management agency (if any) of those agencies, organizations, or units.

- During the temporary arrangement period, the agency, organization, or unit is responsible for using the assets for the designated purpose; covering costs for electricity, water, labor services, security, renovation, maintenance, repair costs (if any), and other related expenses (excluding depreciation costs, asset wear and tear, land rent) which are accounted into the operating costs of the agency, organization, or unit or included in the costs of new construction investment, repair, upgrade, renovation of the workplace headquarters, operational bases according to projects, tasks approved by the competent agency or person. Renovation or repair (if any) of houses, projects during the temporary use period is conducted by the temporary user according to the relevant legal provisions.

3. Authority for devising and approving exploitation plans, handling plans of assets following forms specified in Point dd, Point e, Clause 4, Article 41 of the Law:

- The agency assigned to manage public assets as prescribed in Clause 2, Article 19 of the Law is responsible for devising an asset handling, exploitation plan by the agency or person with authority specified in Clause 1, Article 17 of Decree 151/2017/ND-CP deciding on the recovery, to submit for approval to the Minister, Head of the central agency.

- The agency assigned to manage public assets at the provincial level as prescribed in Clause 3, Article 19 of the Law is responsible for devising an asset handling, exploitation plan by the agency or person with authority under the provincial level for recovery, to submit for approval to the Provincial People's Committee.

- The agency assigned to manage public assets at the district level as prescribed in Clause 3, Article 19 of the Law is responsible for devising an asset handling, exploitation plan by the agency or person with authority under the district, communal level for recovery, to submit for approval to the District People's Committee.

4. Dossier submitted to the competent agency or person for approval of exploitation plans and handling plans of assets following forms specified in Point dd, Point e, Clause 4, Article 41 of the Law includes:

- Document from the agency with authority devising the plan as specified in Clause 3 of this Article regarding the proposal for approval of asset handling, exploitation plan with a recovery decision: 01 original copy.

- Asset handling, exploitation plan devised by the authority with specified planning authority in Clause 3 of this Article: 01 original copy.

The asset handling, exploitation plan includes a proposal on handling forms following Point dd, Point e, Clause 4, Article 41 of the Law, or exploitation form following Clause 2 of this Article for each asset with a Recovery Decision.

- Recovery decision by the competent agency or person: 01 photocopy.

- Other dossiers related to the asset and proposed handling, exploitation plan: 01 photocopy.

5. Within 30 days from the date the competent agency or person approves the asset handling, exploitation plan as specified in Clause 3 of this Article, the agency assigned to manage public assets has the responsibility to implement transfer and acceptance of the asset according to the approved asset handling, exploitation plan. The transfer and acceptance are documented in a Record according to Form No. 01/TSC-BBGN issued with Decree 151/2017/ND-CP.

For assets handled by transferring management to land development organizations or exploiting, handling for assets attached to land in cases where the State conducts land allocation, land lease follows land law regulations, it is executed as prescribed at Point g6, Clause 3, Article 35a of Decree 151/2017/ND-CP.

For exploited assets, after the exploitation period specified in the plan approved by a competent agency or upon receiving a handling decision from a competent agency, the agency, organization, or unit temporarily assigned to use must return the assets to the agency tasked with managing public assets to continue devising a handling, exploitation plan according to regulations in this Article; ensuring the returned assets remain in normal operational condition.

6. In cases where the agency assigned to manage public assets is the agency submitting to the competent agency for issuing a recovery decision, it may simultaneously submit both asset handling, exploitation plan along with the recovery proposal for the competent agency or person to consider and approve simultaneously in one Decision.

7. The agency tasked with public asset management as specified at Point c, Clause 1, Article 18 of Decree 151/2017/ND-CP has the responsibility to open a monitoring register, calculate depreciation for fixed assets following regulations applicable to state agencies until the asset handling process is complete. Costs incurred during the management of unrecovered, unhandled assets (protection, preservation, repair, maintenance costs) are borne by the agency tasked with public asset management as prescribed at Point c, Clause 1, Article 18 of Decree 151/2017/ND-CP and arranged within its regular expense budget.

More details can be found in Decree 50/2025/ND-CP effective from the date of signing and issuance.

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