To speed up the handling of property of agencies and organizations that have rearranged administrative units in Vietnam

To speed up the handling of property of agencies and organizations that have rearranged administrative units in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On December 18, 2023, the Ministry of Finance issued Official Telegram 02/CD-BTC regarding strengthening the handling of property and working headquarters of agencies and organizations in administrative units, arrangements have been made for the 2019–2021 period and implementation plans for the 2023–2030 period.

To speed up the handling of property of agencies and organizations that have rearranged administrative units in Vietnam

In order to continue to speed up the progress of handling headquarters and public property when implementing the arrangement of administrative units at district and commune levels, the Minister of Finance requests Ministers, Heads of central agencies, and Chairman of Provincial People's Committees to drastically direct, urge, and organize the rearrangement and handling of headquarters (houses, land, etc.) ), public property at agencies, organizations, and units of district and commune-level administrative units are arranged according to the provisions of the Law on Management and Use of Public property, Decree 151/2017/ND-CP, Decree 167/2017/ND-CP, Decree 67/2021/ND-CP, Circular 37/2018/TT-BTC, Circular 125/2021/TT-BTC, and guiding documents of the Ministry of Finance.

(1) For agencies, organizations, and units in the area reorganizing district and commune-level administrative units in the 2019–2021 period:

- Review the situation of approving plans to rearrange and handle houses and land and the implementation of plans to rearrange and handle houses and land by agencies, organizations, individuals, and units subject to rearrangement; On that basis, develop a plan to complete the approval of the arrangement plan and complete the implementation of the plan to rearrange and handle houses and land in 2024.

- Regarding handling plans: Based on the form of handling public property specified in Article 40 of the Law on Management and Use of Public property, Decree 151/2017/ND-CP, Decree 167/2017/ND-CP (amended and supplemented in Clause 7, Article 1 of Decree 67/2021/ND-CP), Provincial People's Committees, Ministries, and central agencies shall prepare appropriate handling plans.

Ministries and central agencies with headquarters and vertical units located in district and commune-level administrative units that implemented arrangements for the 2019-2021 period now have no need to use them based on the forms of handling houses and land in Decree 167/2017/ND-CP, Decree 67/2021/ND-CP to rearrange and handle houses and land notes the Prime Minister's direction: "Urgently transfer headquarters, houses, and land to the Provincial People's Committee for effective management and use, avoiding waste, negativity, and corruption" in Section 2 of Official Telegram 771/CD-TTg dated August 29, 2023.

- Accelerate the progress of adjusting and updating planning, land use plans, and related plans; Carry out administrative procedures on land; determine starting prices for auctions in selling and transferring public property. The sale and transfer (including liquidation) of property must be public, transparent, and in accordance with the law.

In cases of handling in the form of transferring or transferring houses and land to the locality for management and handling, the handover and receipt must be carried out immediately to put into use or dispose of according to regulations; minimize leaving property unused, damaged, or degraded.

- Organize delegations and working groups to directly urge, guide, direct, and inspect the implementation of rearranging and handling houses, land, and public property in agencies, organizations, units, and areas where implementation is slow, many houses, land, and public property have not been rearranged, handled, or problems have arisen.

(2) For agencies, organizations, and units in the area reorganizing district and commune-level administrative units in the period 2023–2030:

- Speed up the process of submitting to competent authorities for approval the overall plan for arranging local district and commune-level administrative units. Based on the overall plan for arranging district and commune-level administrative units of the locality, the Provincial People's Committee prepares a list and proposes plans for handling the headquarters and public property of agencies, organizations, and units under their management at district and commune-level administrative units subject to arrangement. The preparation of the list and proposed treatment plans must be done at the same time as the process of developing the Project for arranging district and commune-level administrative units, which will be consolidated into the Project to report to the competent authority for approval.

- The Provincial People's Committee is responsible for promptly informing ministries and central agencies of the overall plan for arranging district and commune-level administrative units and the scheme for arranging district- and commune-level administrative units to make a list and propose plans to reorganize and handle headquarters and public property under their management.

- While waiting for competent agencies and people to approve the project to arrange administrative units at district and commune levels, ministries, and central agencies, tThe Provincial People's Committee directs public asset management agencies, organizations, and units under their management to proactively implement steps in the process of arranging houses and land (declaring reports, summarizing plans, checking the current status of house and land use; making plans for handling houses and land) so that immediately after the project to arrange administrative units at district and commune levels is approved by competent authorities, ministries, central agencies,
The Provincial People's Committee approves the treatment plan or submits it to the competent authority for approval according to regulations.

- Review and consider temporarily suspending approval and implementation of investment projects for new construction, repair, renovation, and upgrading of headquarters in administrative units that are expected to be merged or adjusted into other administrative units, ensuring thrifty practices, and combating waste according to the direction of the National Assembly Standing Committee in Notice 2646/TB-TTKQH dated July 19, 2023, by the Secretary General of the National Assembly.

More details can be found in Official Telegram 02/CD-BTC, dated December 18, 2023.

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