Vietnam: How is the “lease of property beyond the imposed limits”?

According to Clause 2 Article 5 of the Circular No. 29/2020/TT-BTC of the Ministry of Finance of Vietnam, the lease of property beyond the limits imposed by competent authorities prescribed in Point b Clause 1 Article 7 of Decree No. 63/2019/NĐ-CP is the lease of property serving operations in excess of the prescribed limits in terms of areas (in respect of working offices and public service facilities), or quantity or prices (in respect of means of travel, machinery, equipment and other property).

Moreover, the lease of property without decisions on property lease issued by competent authorities or officials prescribed in Point a Clause 1 Article 7 of Decree No. 63/2019/NĐ-CP is the conclusion of a property lease contract or actual use of leased property without any decisions on property lease issued by competent authorities.

The authority competent to issue decisions on property lease is prescribed in the Law on Management and Utilization of Public Property and its guiding documents.

Currently, organizations and individuals commit administrative violations in the field of management and use of public property, including:

- State authorities;

- People’s armed forces;

- Public service provider;

- Authorities affiliated to Communist Party of Vietnam;

- Socio-political organizations, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations;

- Enterprises and other organizations related to the management and use of public property;

- Individuals.

Persons that have the power to impose administrative penalties, and organizations and individuals involved in the imposition of administrative penalties for violations in the field of management and utilization of public property in accordance with the Decree No. 63/2019/NĐ-CP of Vietnam’s Government.

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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