Enhancement of management of public property in association organizations in Vietnam

Enhancement of management of public property in association organizations in Vietnam (Image from the internet)

Enhancement of management of public property in association organizations in Vietnam

The Prime Minister of the Government of Vietnam requires the Ministers, Heads of ministerial-level agencies, agencies under the Government of Vietnam, other central agencies, Chairpersons of the People's Committees of provinces and centrally-affiliated cities, and leaders of the association organizations to focus on directing and organizing the implementation of certain key tasks and solutions concerning the management of public property allocated to associations as follows:

- Ministries, ministerial-level agencies, agencies under the Government of Vietnam, other central agencies, central agencies of associations (political-social organizations, political-social-professional organizations, social organizations, socio-professional organizations, other organizations established according to the law on associations) (hereinafter referred to as ministries, central agencies), People's Committees of provinces and centrally-affiliated cities (hereinafter referred to as provincial People's Committees) shall review the allocation, management, usage, and arrangement of public property for associations to ensure compliance with the law.

In cases where the allocation, management, usage, and arrangement of public property are found unsatisfactory after the review, report to the competent authority for handling according to the law.

- Provincial People’s Committees shall review the land management and usage of associations to ensure implementation in accordance with the Land Law 2024 and detailed guidance documents for its execution Land Law 2024.

- Social organizations, socio-professional organizations, and other organizations established according to the law on associations must ensure their assets to serve their activities. The state only supports funding for assigned tasks.

For assets that are working headquarters or operational facilities of socio-political-professional organizations, social organizations, socio-professional organizations, and other organizations established by law on associations which are allocated by the state or formed from the state budget, they are considered public property.

The management, usage, and handling of public property shall be conducted in accordance with the policies for managing and using public property in state agencies; protection of public property by law and performing maintenance and repair of public property with the organization’s funds.

- Regarding the rearrangement and handling of houses and land allocated to associations as public property, ministries, central agencies, provincial People’s Committees, and leaders of associations shall direct the execution:

+ For houses and land facilities subject to rearrangement under the provisions of Decree 167/2017/ND-CP, Decree 67/2021/ND-CP (including facilities not previously subject to rearrangement, now falling under the scope of rearrangement and handling as per the Government's provisions), conduct reviews, prepare inventory reports, propose rearrangement plans, conduct inspections of current status, and report to competent authorities for approval of plans pursuant to Decree 167/2017/ND-CP, Decree 67/2021/ND-CP.

+ For houses and land facilities already approved by competent authorities, review rearrangement plans for handling houses and land approved by competent agencies, review the functions, tasks, and usage demands for working premises, personnel allocated by competent authorities, and the current usage of houses and lands (including office leasing) in accordance with laws on managing and using public property, land laws, and other relevant laws ensuring the management, purpose-compliant use, functionality, cost-saving, effective use, and prevention of loss and wastage.

If upon review, there is no longer a need for use or if the usage deviates from its intended purpose, then propose changes in method according to the provisions in Decree 167/2017/ND-CP, Decree 67/2021/ND-CP.

+ Review the usage of public property by associations for business, leasing, joint-venture, or association purposes to ensure conformity with the law in Vietnam.

Implement the full payment of revenues earned from leasing, business, joint ventures, or associations into the state budget in cases of non-conformity with laws on managing and using public property, and ensure guidance over public property (land, headquarters, other properties) following legal conformity.

+ Terminate the use of houses and land unsatisfactory (leasing, lending, housing allocation, using for residential purposes or homestead land, misuse...) to ensure efficient use and prevent loss and waste of houses and land.

- Intensify inspection and audit on the management and use of public property; audit the rearrangement and handling of public property by associations; decisively implement Decree 167/2017/ND-CP, Decree 67/2021/ND-CP.

Promptly and strictly handle, in accordance with relevant laws, associations under the managerial authority that violate the management and use of public property; recover houses and land in case of non-conformity in use according to laws on managing and using public property, land laws, and other relevant laws in Vietnam.

- Promptly and fully update data on houses and land of associations as public property into the National Database on public property; implement policies for public reporting on the assets of associations in accordance with the law in Vietnam.

- Direct the issuance of regulations on the Management and use of public property of associations; specifying the rights and obligations of each department, individual related to using public property for business, leasing, joint-venture, or association purposes; responsibility in handing over public property when organizational structure changes or changes in the head; handling of organizations and individuals violating regulations; other relevant matters concerning the management and use of public property by associations.

- Assign inspection and audit agencies of ministries, central authorities, and localities to carry out inspections on the management and use of public property of organizations operating according to the law on associations within their managed scope.

Associations violating laws on the management and use of public property at associations shall, depending on the nature and severity of the violation, be subject to disciplinary actions, administrative penalties, or criminal liability; in cases causing damage to the state, they must compensate according to the law  in Vietnam.

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