Power to issue criteria and norms for the use of public property in Vietnam

Power to issue criteria and norms for the use of public property in Vietnam (Internet image)

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

1. Power to issue criteria and norms for the use of public property

The power to issue criteria and norms for the use of public property according to Article 26 of the Law on Management and Use of Public Property 2017 is as follows:

- The Government shall set criteria and norms for the use of the following public property:

+ Workplaces, public service facilities;

+ Cars;

+ Public property of overseas Vietnamese authorities.

- The Prime Minister shall set criteria and norms for the use of the following public property:

+ Special-purpose property of people’s armed forces;

+ Official-duty house;

+ Machines, equipment and public property that are commonly used in authorities and organizations, except for the public property specified in Clause 1 this Article.

- Based on regulations of competent authorities specified in Clause 1 and Clause 2 of Article 26 of the Law on Management and Use of Public Property 2017, ministries and ministerial authorities shall provide detailed guidelines for criteria and norms for the use of single-purpose property within scope of their management.

- Based on regulations of competent authorities specified in Clauses 1, 2 and 3 of Article 26 of the Law on Management and Use of Public Property 2017, ministries and central authorities shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property of authorities and organizations within scope of their management, except for provisions of Clause 7 this Clause.

- Based on regulations of competent authorities specified in Clauses 1, 2 and 3 of Article 26 of the Law on Management and Use of Public Property 2017 and after reaching an agreement with the Standing Committees of People’s Councils and People's Committees of provinces shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property of authorities and organizations within scope of their management, except for provisions of Clause 7 of Article 26 of the Law on Management and Use of Public Property 2017.

- For the public property that is not specified in Clauses 1, 2 and 3 of Article 26 of the Law on Management and Use of Public Property 2017, competent authorities stated in Clause 4 and Clause 5 of Article 26 of the Law on Management and Use of Public Property 2017 shall set standards and norms to apply within their scope of management.

- Heads of public service providers shall ensure operating costs and investment costs to make a decision on application of criteria and norms for the use of public property at their workplaces, excluding criteria and norms for area of workplaces, cars, machines and equipment of managing titles.

2. Responsibility for inspection of criteria and norms for the use of public property in Vietnam

Responsibility for inspection of criteria and norms for the use of public property in Vietnam according to Article 27 of the Law on Management and Use of Public Property 2017 are as follows:

- Ministries, central authorities and People’s Committees of all levels shall conduct inspection of the compliance with criteria and norms for the use of public property within scope of assigned tasks and entitlements.

- Authorities and organizations that are assigned to manage and use public property shall inspect the compliance with criteria and norms for the use of public property.

- Inspection of the compliance with criteria and norms for the use of public property shall be carried out in the entire process of construction investment, purchase, distribution, lease, use and disposal of public property.

- During the process of inspection, if any violations against regulations on criteria and norms for the use of public property are found, authorities and organizations specified in Clause 1 and Clause 2 Article 27 of the Law on Management and Use of Public Property 2017 shall promptly take actions against such violations within their competence or report them to competent authorities

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