What is public property? Regulations on publishing of information about public property in Vietnam

What are the regulations on publishing of information about public property in Vietnam? How is the community-based monitoring of public property? - Thanh Thuy (Can Tho, Vietnam)


What is public property? Regulations on publishing of information about public property in Vietnam
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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. Regulations on Publishing of information about public property in Vietnam

Publishing of information about public property according to Article 8 of the Law on Management and Use of Public Property 2017 is stipulated as follows:

- Publishing of information about public property shall be carried out fully, promptly and accurately; otherwise actions against violations shall be taken.

- Published information shall include:

+ Legislative documents, standards, norms and administrative procedures for public property;

+ Construction investment, purchase, distribution, lease, use, withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;

+ Use of financial resources obtained from public property.

- Forms of publishing:

+ Publishing information about public property on websites of the Government, Ministry of Finance, ministries, ministerial authorities, governmental authorities, other central authorities and People's Committees of provinces;

+ Making public lists and displaying them at workplaces of organizations that are assigned to manage and use public property;

+ Making announcements at meetings of organizations that are assigned to manage and use public property;

+ Other forms of publishing as prescribed by law.

- Responsibilities for publishing:

+ The Ministry of Finance shall publish information about public property nationwide;

+ Ministries, ministerial authorities, governmental authorities, other central authorities and People's Committees of all levels shall publish information about public property within their scope of management;

+ Organizations that are assigned to manage and use public property shall publish information about public property within their scope of management and use;

+ State Audit Office of Vietnam shall publish information about auditing results of management and use of public property and other activities related to that as prescribed in regulations of the Law on State audit.

3. Regulations on community-based monitoring of public property in Vietnam

The supervision of the community over public property according to Article 9 of the Law on Management and Use of Public Property 2017 is as follows:

- Management and use of public property shall be monitored by the community, except for property related to the state secrets as stipulated in regulations of law on state secret protection.

The Vietnamese Fatherland Front shall undertake and cooperate with its members and relevant organizations to organize community-based monitoring of public property.

- The Vietnamese Fatherland Fronts of all levels or their members shall receive information and requests for monitoring from people; take charge of making plans and organize the monitoring of public property on schedule and according to regulations of law.

- Contents of monitoring:

+ Compliance with regulations of law on management and use of public property;

+ Construction investment, purchase, distribution, lease, use, withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;

+ Use of financial resources obtained from public property;

+ Publishing of information about public property.

- Forms of monitoring:

+ Studying and reviewing documents of competent state authorities on management and use of public property related to legitimate rights and interests of people;

+ Organizing monitoring delegations;

+ Organizing monitoring visits with competent organizations;

+ Monitoring through activities of People's Inspectorates and Investment Monitoring Boards of communes.

Quoc Dat

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