Vietnam: Handling acts of using public property for business purposes without an agency decision

Specifically, according to Clause 2 Article 6 of the Circular No. 29/2020/TT-BTC of the Ministry of Finance of Vietnam, the utilization of public property for business, leasing, joint-venture or association purposes without decisions issued by competent authorities or officials in accordance with the Law on Management and Utilization of public property prescribed in Clause 1 Article 13 of Decree No. 63/2019/NĐ-CP is the utilization of public property for business, leasing, joint-venture or association purposes without decisions on approval for schemes on utilization of public property for business, leasing, joint-venture or association purposes issued by competent authorities at the time of conclusion of business, lease, joint-venture or association contracts or at the time of actual utilization of public property.

Penalties shall be imposed on violations against regulations on utilization of public property for business, leasing, joint-venture or association purposes at public service providers, socio-political organizations, socio-political and professional organizations, social organizations, socio-professional organizations and other organizations established under the law on associations shall comply with the provisions in Article 13 of Decree No. 63/2019/NĐ-CP. Particularly, the utilization of property for production, business, leasing, joint-venture or association purposes at regulatory authorities, units affiliated to the People’s Armed Force, agencies affiliated to the Communist Party of Vietnam or units affiliated to socio-political organizations shall be penalized according to Clause 2 Article 8 of Decree No. 63/2019/NĐ-CP.

Besides, according to Circular No. 29/2020/TT-BTC of the Ministry of Finance of Vietnam, the use of public property data on the national public property database for personal purposes without permission from the database management authority prescribed in Point d Clause 2 Article 17 of Decree No. 63/2019/NĐ-CP is the use of information on the national public property database for purposes other than those prescribed in the Circular No. 67/2018/TT-BTC dated August 06, 2018 of the Ministry of Finance on management, operation, exchange and use of information on national public property database without the permission from the database management authority.

View more details at Circular No. 29/2020/TT-BTC of the Ministry of Finance of Vietnam, effective from June 02, 2020.

Thu Ba

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