Directive on strengthening the management of public property at association organizations in Vietnam

Directive on strengthening the management of public property at association organizations in Vietnam (Image from the Internet)

On October 24, 2024, the Prime Minister of the Government of Vietnam issued Directive 40/CT-TTg regarding the strengthening of public property management at association organizations in Vietnam.

Directive on strengthening the management of public property at association organizations in Vietnam

To enhance the management and use of public property of organizations operating under the legal regulations on associations with the aim of improving the responsibilities of ministries, central authorities, and local authorities, and the leadership of organizations in the management of public property assigned to associations for management and use, thereby contributing to the stringent and effective management of public property, the Prime Minister of the Government of Vietnam requests Ministers, Heads of ministerial-level agencies, agencies under the Government of Vietnam, other central agencies, Chairpersons of the People's Committees of provinces and centrally affiliated cities, and the leadership of association organizations to focus on directing and organizing the implementation of the following key tasks and solutions:

(1) Regarding the Management of public property Assigned to Associations

- Ministries, ministerial-level agencies, agencies under the Government of Vietnam, other central agencies, central agencies of organizations (political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and other organizations established under the legal regulations on associations) (hereinafter referred to as ministries, central agencies), and People's Committees of provinces and centrally affiliated cities (hereinafter referred to as provincial People's Committees) shall review the allocation, management, use, and arrangement of public property for associations to ensure compliance with the authority as stipulated by law. If after reviewing, the allocation, management, use, and arrangement of public property are unsatisfactory, they must report to the competent authority for handling according to legal regulations.

- Provincial People's Committees shall review the management and use of land by association organizations to ensure implementation in conformity with the Land Law of 2024 and detailed guiding documents for the implementation of the Land Law of 2024.

- Social organizations, social-professional organizations, and other organizations established under the legal regulations on associations must ensure assets to support their activities. The State only supports the funding for the assigned tasks. For assets such as office headquarters and operational facilities of political-social-professional organizations, social organizations, social-professional organizations, and other organizations established under the legal regulations on associations assigned by the State or formed from the state budget, they are considered public property. The management, use, and handling of public property are in accordance with the policies on managing and using public property at governmental agencies; protecting public property according to the law and performing maintenance and repair of public property using the organization's budget.

- Regarding the rearrangement and handling of housing and land allocated to associations as public property, ministries, central agencies, provincial People's Committees, and organizational leadership shall direct the implementation of:

+ For facilities involving house and land within the arrangement scope as stipulated in Decree 167/2017/ND-CP, Decree 67/2021/ND-CP (including facilities previously not within the scope of arrangement, but now under rearrangement and handling scope as prescribed by the Government), they must conduct a review, prepare a declaration report, propose an arrangement plan, inspect the current status, and report to the authority for approval of the plan as per the regulations of Decree 167/2017/ND-CP, Decree 67/2021/ND-CP.

+ For facilities whose arrangement plans have been approved by competent authorities, they shall review the rearrangement and handling plans for housing and land usage, the functions, duties, personnel needs, and current utilization (which includes leasing office space) according to the laws on management, use of public property, land laws, and relevant legal regulations to ensure management and use for the right purposes, achieving efficiency, and avoiding loss and wastefulness. If, after review, there is no longer a need or if used for incorrect purposes, the manner of handling housing and land as provided in Decree 167/2017/ND-CP, Decree 67/2021/ND-CP shall serve as a basis to propose changes as required by law.

+ Review the use of public property by associations for business purposes, leasing, joint ventures, and cooperations to ensure legal compliance. Total revenues from leasing, business activities, and joint ventures shall be paid into the state budget when used improperly according to the legal regulations on managing and using public property, directing the management of public property (land, headquarters, other assets) in accordance with the law.

+ Terminate unsatisfactory use situations of housing and land (leasing, borrowing, allocating for residential purposes, improperly using...) to ensure effective use and prevent loss and waste of housing and land.

- Enhance inspection and supervision in the management and use of public property; inspection in the rearrangement and handling of public property by associations; vigorously implement Decree 63/2019/ND-CP, Decree 102/2021/ND-CP concerning administrative sanctions in public property management and use. Address promptly and strictly according to relevant legal regulations for associations under management authority that violate in managing and using public property; execute the recovery of housing and land when used not in accordance with the law on management and utilization of public property, land laws, and other relevant laws.

- Direct the prompt and comprehensive updating of data regarding housing and land of associations as public property into the National Database on public property; execute policies for public reporting of association assets as required by law.

- Direct the issuance of regulations on managing and using public property of associations; stipulating specifically the rights and responsibilities of each division and individual involved in the use of public property for business, leasing, joint ventures, and cooperations; the responsibility for handing over public property when organizational structure changes or leadership changes; addressing violations of the Management Regulations; and other related content regarding the management and use of public property by associations.

- Assign competent inspection bodies of ministries, central government, and local authorities to conduct inspections of the management and use of public property by organizations operating under the law on associations within their management scope. Associations committing legal violations in the management and use of public property should face disciplinary actions, administrative sanctions, or even criminal liability depending on the severity and nature of the violations; compensation may be required if damages to the State occur under the law.

(2) The Ministry of Finance should research and refine policies on managing and using public property at organizations to enhance management and improve efficiency in exploiting and utilizing public property.

(3) Ministries and sector management agencies are responsible, within their scope, for strengthening oversight of the management and use of public property by associations within their jurisdiction.

(4) Ministries, central agencies, provincial-level People's Committees should cooperate with National Assembly bodies, National Assembly delegations, People's Councils of provinces and centrally affiliated cities, the Vietnam Fatherland Front, and political social organizations to supervise adherence to laws on the management, use, and exploitation of public property assigned to associations for management and use.

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