Vietnam: Competence to make and approve property disposition plans

According to Decree No. 167/2017/NĐ-CP of Vietnam’s Government, responsibilities for formulating property disposition plan shall be done in compliance with the following regulations:

- Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government (hereinafter referred to as central ministries) shall make property disposition plan for bodies and enterprises within their scope of management;

- A People’s Committee of province shall assign the Department of Finance to take charge and cooperate with agencies, People’s Committees of districts, and enterprises in the province in preparing a property disposition plan associated with property of bodies and enterprises in the province;

- The People’s Committee of province shall prepare a property disposition plan associated with property located on other provinces of bodies and enterprises.

Property disposition plans shall be consolidated in general plans associated with property in each province or central-affiliated city (hereinafter referred to as province) according to every type of entity: body or enterprise.

Where it is necessary to carry out the disposition before the general plan is made, competent authority prescribed in Clause 2 of this Article shall formulate the plan and send it to the competent authority for consideration.

Besides, according to Article 6 of Decree No. 167/2017/NĐ-CP of Vietnam’s Government, the power to approve property disposition plans is prescribed as follows:

The Prime Minister shall approve a property disposition plan associated with:

- Property at People’s armed forces affiliated to the Ministry of National Defense, the Ministry of Public Security;

- Property of central ministries with different opinions about the property disposition plan between the Ministry of Finance and the People’s Committee of province where the property is located;

- Sale of property on land, assignment of land use right prescribed in Clause 3 Article 11 of this Decree.

The Minister of Finance is responsible for approving property disposition plans associated with:

- Property under management of central bodies;

-  Property under management of enterprises and provincial agencies but the property is located in other provinces.

The President of People’s Committee of province is responsible for approving property disposition plans of bodies and enterprises under management of the province.

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