Cases of withdrawal of public property of state authorities in Vietnam

Cases of withdrawal of public property of state authorities in Vietnam (Internet image)

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

1. What is public property?

According to Clause 1, Article 3 of the Law on Management and use of public property 2017, public property is property under public ownership and managed by the State, including:

+ Public property serving management, provision of public services, maintenance of national security for organizations and individuals;

+ Infrastructural property serving national and public interests;

+ Property established under public ownership;

+ Public property of enterprise;

+ Money in state budget, non-state budget financial funds, foreign exchange reserves;

+ Land and other resources.

2. Cases of withdrawal of public property of state authorities in Vietnam

According to Clause 1, Article 41 of the Law on Management and use of public property 2017, public property shall be withdrawn if:

- A workplace has not been operated continuously for over 12 months;

- The State appoints a new location of workplace or invests in construction of another workplace to replace the current one;

- Property is used for improper subjects, exceeding criteria and norms; used for improper purposes or lent;

- Property is transferred, sold, given, contributed capital or used to ensure the fulfillment of civil obligations illegally; used for commercial purposes, for lease or for joint venture purposes illegally;

- Property has been distributed, invested in construction, purchases but no longer used or the use and operation of property is not effective or demand for use is declined due to change in organizational structure, functions or tasks;

- Property is replaced due to demand for technical and technological innovation according to a competent authority's decision;

- A competent state authority assigned to manage and use property voluntarily returns it to the State;

- Other cases as prescribed by law.

3. Measures to be taken for withdrawn public property in Vietnam

According to Clause 4, Article 41 of the Law on Management and use of public property 2017, the measures to be taken for withdrawn public property:

- Distribute property to an authority or organization to manage or use as specified in Article 29 of the Law on Management and use of public property 2017;

- Transfer property as specified in Article 42 of the Law on Management and use of public property 2017;

- Sell or liquidate property as specified in Article 43 and Article 45 of the Law on Management and use of public property 2017;

- Destroy property as specified in Article 46 of the Law on Management and use of public property 2017;

- Other measures depending on the Prime Minister’s decision.

4. Maintenance and repair of public property of state authorities in Vietnam

Maintenance and repair of public property of state authorities according to Article 39 of the Law on Management and use of public property 2017 are as follows:

- State authorities assigned to manage and use public property or authorities responsible for operations management of public property shall maintain and repair the property in accordance with policies, criteria, economic-technical norms issued by competent authorities specified in Clause 3 Article 39 of the Law on Management and use of public property 2017.

- The State shall ensure funding for maintenance and repair of public property of state authorities under policies, criteria and economic-technical norms.

- Power to issue policies, criteria and economic-technical norms for maintenance and repair:

+ Ministries responsible for management of lines and fields shall specify policies, criteria and economic-technical norms for maintenance and repair of public property within scope of their management;

+ For public property that is not subject to policies, criteria and economic-technical norms as defined in Point a this Clause, based on manufacturers' instructions and actual use of property, ministers and heads if central authorities and chairmen of People's Committees or provinces shall specify or grant power to specify policies, criteria and economic-technical norms for maintenance and repair applicable to public property within scope of their management.

Le Truong Quoc Dat

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