Decree No. 114/2024/ND-CP dated September 15, 2024 on amendments to Decree No. 151/2017/ND-CP elaborating of the Law on Management and Use of Public Property

DECREE

AMENDMENTS TO CERTAIN ARTICLES OF DECREE NO. 151/2017/ND-CP DATED DECEMBER 26, 2017 OF THE GOVERNMENT OF VIETNAM ELABORATING CERTAIN ARTICLES OF THE LAW ON management and use of public property

Pursuant to the Law on Government Organization dated June 19, 2015 and the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

At the request of the Minister of Finance;

The Government hereby promulgates a Decree on amendments to certain articles of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government of Vietnam elaborating certain articles of the Law on Management and Use of Public Property.

Article 1. Amendments to certain articles of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government of Vietnam elaborating certain articles of the Law on Management and Use of Public Property

1. Amendments to Article 1:

“Article 1. Scope

1. This Decree elaborates certain Articles of the Law on Management and Use of Public Property No. 151/2017/ND-CP dated December 26, 2017 on the following contents:

a) Allocation, procurement, lease, use, management and operation, conversion of uses, and disposal of public property at agencies, organizations, and units; use of public property at public service providers for business, lease, joint venture or association purposes; management and use of proceeds from use and disposal of public property at agencies, organizations and units; valuation of LUR for being included in the property value of agencies, organizations and units.

b) Purchase, lease of and approval for property disposal plans of state-funded projects.

c) Management and use of public property assigned to enterprises by the State, except state capital in these enterprises.

d) Use of number storages serving state management.

dd) System of information on public property and national databases on public property.

e) Financial instruments for risk management of public property.

2. This Decree does not apply to:

a) Infrastructure assets. Management and use of transport infrastructure; clean water infrastructure; urban infrastructure; power supply infrastructure; irrigation infrastructure and response to climate change; infrastructure of industrial clusters, industrial parks, economic zones, high-tech parks; commercial infrastructure; information infrastructure shall comply with the provisions of law on management, use and operation of infrastructure assets, relevant laws and other relevant laws.

b) Property under established public ownership. The management and disposal of property under established public ownership shall comply with the provisions of the Law on Management and Use of Public Property and the Government's Decree on the authority and procedures for establishing public ownership of property and disposal of property under established public ownership.

c) Property formed through the implementation of scientific and technological tasks using state capital. The management and use of property formed through the implementation of scientific and technological tasks using state capital shall comply with the provisions of the Government's Decree on the management and use of property formed through the implementation of scientific and technological tasks using state capital.

d) Land (excluding land of office premises and public service facilities, including land allocated or leased for construction of office premises and public service facilities but construction has not been commenced). The management and use of land shall comply with the provisions of land law and other relevant laws.

dd) Resources. The management and use of resources shall comply with the provisions of resource law and other relevant laws.

e) Housing that is public property. The management, use and disposal of housing that is public property shall comply with the provisions of housing law.

g) The use of national defense and security land for both its intended purposes and productive labor and economic construction purposes shall comply with Resolutions of the National Assembly and the Government's Decrees on the use of national defense and security land for both its intended purposes and productive labor and economic construction purposes, land laws and other relevant laws.

h) The use of public property for making payment to investors implementing construction investment projects in the form of Build-Transfer Contract shall comply with the Government's Decrees on use of public property for making payment to investors implementing construction investment projects in the form of Build-Transfer Contract, Decrees of the Government elaborating the PPP Investment Law.

i) The transfer of public property that is electrical works to the Vietnam Electricity shall comply with the Government's Decrees on transfer of electrical works that are public property to the Vietnam Electricity.

k) The management, use and operation of non-residential buildings and land assigned to local organizations licensed for housing management and trade to manage and operate shall comply with the Government's Decrees on management, use and operation of non-residential buildings and land assigned to local organizations licensed for housing management and trade to manage and operate; Particularly, for the reporting to the competent authorities to approve plans for operating public property subject to repossession by allocating it to local organizations licensed for housing management and trade for management and operation under a decision, the provisions of this Decree shall apply.

l) Medical equipment borrowed according to the provisions of the Law on Medical Examination and Treatment.

3. The management and use of property at Communist Party of Vietnam (CPV) agencies and Vietnamese agencies abroad shall comply with the provisions of the Law on Management and Use of Public Property and the Government's specific regulations; Contents not specifically stipulated in the Government's specific regulations shall be implemented according to regulations on management and use of public property by state agencies (for CPV agencies and Vietnamese agencies abroad) and regulations on management and use of property at public service providers (for the CPV's service providers) in this Decree.

4. The management and use of infrastructure assets that are sport or culture institutions managed by commune-level authorities; historical-cultural monuments not affixed to land for construction of headquarters, land for construction of public service works shall comply with the Government's regulations on management, use and operation of infrastructure assets that are sport or culture institutions, historical relics, historical-cultural monuments, relevant laws and other relevant laws. In case the Government has not issued regulations on management, use and operation of infrastructure assets that are sport or culture institutions managed by commune-level authorities, historical relics, historical-cultural monuments and relevant laws do not govern the management, use and operation of these assets, authorities, organizations and units assigned to manage the assets shall manage, use and operate them according to regulations on management, use, and operation of property by public service providers specified in the Law on Management and Use of Public Property and this Decree; The proceeds from operation, after deducting relevant costs, shall be paid into the state budget according to applicable government budget hierarchy and managed and used according to the provisions of law on state budget.

5. The rearrangement and disposal of office premises and public service facilities and land thereof of agencies, organizations, units, and property that is land, buildings, and works affixed to the land of the people's armed forces units shall comply with the Government's Decrees on the rearrangement and disposal of public property. In particular,

a) Liquidation of office premises and public service facilities and another property affixed to land of office premises and public service facilities shall comply with the provisions of this Decree.

b) If buildings and land for which plans for retention and continued use have been approved according to the provisions of the Government's Decrees on the rearrangement and disposal of public property, the management, use and disposal shall comply with the provisions of the Law on Management and Use of Public Property and this Decree, without having to carry out procedures for change of rearrangement and disposal plans."

2. Amendments to Article 3:

“Article 3. Public procurement serving state agencies’ operations

1. Authority and procedures for deciding public procurement under a purchase project shall comply with relevant laws.

2. Authority to decide public procurement in the case other than that specified in clause 1 of this Article shall be provided as follows:

a) Ministers, Heads of ministerial agencies, governmental agencies, other central agencies (hereinafter referred to as “Ministers, Heads of central authorities") shall regulate authority to decide public procurement serving state agencies' operations under management of ministries and central authorities

b) The province-level People's Councils shall regulate authority to decide public procurement serving state agencies’ operations under management of provincial authorities.

3. On the basis of the estimates of allocated budget and permissible sources of funding, state agencies shall organize purchase of property according to bidding laws.

The centralized procurement of property shall comply with the provisions of bidding law and the provisions of Chapter VI hereof.

4. The procurement of property specified in this Article shall not include the procurement of services serving state agencies’ operations. The procurement of services serving state agencies’ operations shall comply with relevant laws."

3. Addition of Article 3a:

“Article 3a. Procurement, management and use of public property that is consumables serving state agencies’ operations

1. Consumables are raw materials, drugs, biological products, supplies, materials, stationery and other items that, after being used once, lose or cannot retain their original properties, shape and usability.

2. Authority to decide procurement of consumables:

a) Ministers and Heads of central authorities shall stipulate the authority to decide procurement of consumables serving state agencies’ operations under the management of ministries and central authorities.

b) The province-level People's Councils shall regulate authority to decide procurement of consumables serving state agencies’ operations under management of provincial authorities.

3. On the basis of the use and scope of estimates of allocated budget and permissible sources of funding, state agencies shall organize procurement of consumables according to bidding laws.

4. State agencies that manage and use consumables that are used up are not required to dispose them. State agencies that manage and use consumables that are not used up shall dispose them when they expire or have no useful value.”

4. Amendments to Article 4:

“Article 4. Lease of property serving state agencies’ operations

1. Authority to decide property lease:

a) Ministers and Heads of central authorities shall stipulate the authority to decide lease of property serving state agencies’ operations under the management of ministries and central authorities.

b) The province-level People's Councils shall regulate authority to decide lease of property serving state agencies’ operations under management of provincial authorities.

2. On the basis of the scope of estimates of allocated budget and permissible sources of funding, state agencies shall organize property lease according to bidding laws.

3. The lease of property serving state agencies’ operations specified in this Article shall not include the lease of information technology services and other services serving state agencies’ operations. The lease of information technology services and other services serving state agencies’ operations shall comply with the provisions of law on management of state investment in information technology application and relevant laws.”

5. Addition of Article 4a:

“Article 4a. Allocation of property in kind to state agencies

The allocation of property specified in clause 2 Article 29 of the Law on Management and Use of Public Property to state agencies shall be made as follows:

1. The authority to decide allocation of public property shall comply with the provisions of clause 3 Article 28 of the Law on Management and Use of Public Property.

2. Procedures for allocation of property within state-funded projects shall comply with the provisions of Section 1 Chapter VI of the Law on Management and Use of Public Property and Chapter IX of this Decree.

3. Procedures for allocation of property under established public ownership shall comply with the provisions of Section 2 Chapter VI of the Law on Management and Use of Public Property and the Government's Decrees on the authority and procedures for establishing public ownership of property and disposal of property under established public ownership.

4. Procedures for allocation of land for construction of office premises shall comply with the provisions of land law.

5. Procedures for allocation of property types that are not specified in clauses 2, 3 and 4 of this Article shall be as follows:

a) A state agency applying for using property shall prepare and submit an application for property allocation to the superior regulatory agency (if any) to consider and request the agency, organization or unit managing the property to report to a competent authority or competent person prescribed in clause 3 Article 29 of the Law on Management and Use of Public Property for consideration and decision.

The application for property allocation includes:

A written request for property allocation made by the applying agency wishing to use the property (with description of conformity with standards and usage of the proposed property): 01 original;

Written request made by the superior state agency (if any): 01 original;

The list of proposed property (type, quantity, area): 01 original;

Other documents related to the request for property allocation (if any): 01 copy.

b) Within 30 days from the date of receipt of a valid application, the agency, organization or unit managing the property shall report to the superior state agency (if any) which will report to a competent authority or person to decide on allocation of the property in terms of its type, quantity, area, original cost, and residual value of the property currently under management, accompanied by an application prepared by the applying agency according to the provisions of Point a of this Clause to serve as a basis for competent authority or person to consider and decide the property allocation.

c) Within 15 days from the date of receiving the report of the agency, organization or unit managing the property, the authority or person competent to decide on the property allocation shall consider and decide the property allocation or prepare a written response if the request for property allocation is inappropriate.

The main contents of the decision on property allocation include:

The name of the state agency allocated property for management and use;

The name of the agency, organization or unit managing the property;

The list of property allocated (type, quantity, area, original cost, residual value);

Responsibilities for organizing implementation.

d) Within 30 days from the date on which the decision on property allocation is issued by the competent authority or person, the agency, organization or unit managing the property shall hand over the property to the state agency allocated the property for management and use. The handover or receipt of the property shall be recorded using the Form 01/TSC-BBGN enclosed herewith.

6. If office premises may be allocated to many agencies, organizations or units for use, the authority or person competent to decide on property allocation shall:

a) assign an agency, organization or unit general management of the property and assign agencies, organizations or units use of the property. The management and operation in case of assigning an agency, organization or unit general management of the property shall be the same as management and operation of a centralized administrative area. The agency, organization or unit assigned general management is responsible for accounting, declaring, reporting, renovating, maintaining and repairing the property according to the provisions of law.

b) assign each agency, organization or unit management and use of each area of a building, work or property affixed to land; if the allocated property is land, land laws shall prevail. The property value of each area shall be determined and allocated by the authority or person competent to allocate the property according to the final settlement or estimated value of each area (in case of approving the final settlement, developing a separate estimate for each area) or according to the ratio of the built-up area assigned to ​​each agency, organization or unit to the gross floor area (GFA) of its headquarters (in case the final settlement and the separate estimate is not approved for each area).”

6. Addition of Article 10a:

“Article 10a. Handling of supplies and materials repossessed during the maintenance and repair of public property

1. The maintenance and repair of public property are activities conducted for ensuring that public property operates normally.

If supplies and materials repossessed during the maintenance and repair of public property at a state agency can continue to be used, that state agency may continue to use them if needed; in case the state agency assigned to manage and use the property has no need to use it, the repossessed supplies and materials will be handled in the following form: Transfer or sale. The authority and procedures for deciding and organizing the transfer or sale of supplies and materials repossessed during the maintenance and repair of public property shall comply with the provisions of Articles 20, 21, 22, 23, 24, 25, 26 and 27 of this Decree. In case of transfer, the written request for receipt of property is not required to describe the conformity with standards and usage. In case of sale, an auction shall be conducted if the repossessed supplies and materials are valued at 50 million VND or more, a price listing shall be made if the repossessed supplies and materials are valued at from 10 million VND to under 50 million VND; an appointing shall be made if the repossessed supplies and materials are valued at less than 10 million VND.

2. The repossessed supplies and materials repossessed during the maintenance and repair of public property at a state agency that cannot be used shall be destroyed by that state agency.

3. The valuation of repossessed supplies and materials for determination of the form of sale as well as the starting price (auction start bid), listed selling price, and designated selling price shall comply with the provisions of Point b, Clause 2, Article 24 of this Decree.

4. In case a state agency having property continues to use the repossessed supplies and materials or transfers them to be used for installing or replacing parts of existing property, the valuation or monitoring and separate accounting for those supplies and materials shall not be required. In case the state agency having property continues to use the repossessed supplies and materials or transfers them to be used independently, the state agency having the property, the agency, organization or unit receiving the transferred supplies and materials is responsible for valuing those repossessed supplies and materials for management, monitoring, and accounting as prescribed by law.”

7. Addition of Article 10b:

“Article 10b. Operation of public property at state agencies

1. The list of public property at state agencies to be operated:

a) Official residences;

b) Intellectual property rights, application software copyright.

c) Database.

d) Property serving auxiliary activities serving the implementation of political tasks of state agencies (canteens; garages/parking lots; locations for installation of automatic teller machines, and vending machines; locations for installation and construction of telecommunications works; locations for installation of LED screens and panels for information and propaganda).

dd) Property that is historical-cultural monuments or historical relics affixed to land for construction of office premises; traditional rooms of agencies.

e) Other property operated in accordance with relevant laws.

2. The operation of public property at state agencies must:

a) not affect the performance of political tasks of state agencies.

b) not violate the prohibitions of the law.

c) Ensure openness and transparency; comply with the provisions of this Decree and the provisions of relevant laws.

d) not change the structure, architecture, or status quo of public property (except for additional investments for increase of the use value of the property; the value of the property provided as an additional investment belongs to the agencies having the property after ending the operation period); not lose the agencies’ LURs or ownership of public property.

3. The operation of property specified in Points a, b and c, Clause 1 of this Article shall comply with the provisions of housing law, intellectual property law and other relevant laws.

4. The operation of property serving auxiliary activities serving the implementation of political tasks of state agencies specified in Point d, Clause 1 of this Article is to serve the operations of state agencies and the essential needs of officials, public employees, workers of state agencies and business visitors. The operation shall be prescribed as follows:

a) Forms of operation:

a1) State agencies manage and use restaurants, canteens, garages/parking lots to provide services serving the needs of officials, public employees, workers of state agencies and business visitors by themselves. Service prices shall comply with the State regulations (for services whose prices are determined by the State according to the law on prices) or shall be decided by the Heads of state agencies in a manner that ensures adequate cost recovery and reasonable accumulation (for services whose price are not determined by the State in accordance with the law on prices);

a2) State agencies allow other organizations and individuals to exercise the right to operate restaurants, canteens, garages/parking lots to provide services serving the needs of officials, public employees, workers of state agencies and business visitors. The other organizations and individuals to exercise the right to operate restaurants, canteens, garages/parking lots shall be selected according to forms of contractor selection as prescribed by law on bidding or according to forms of auction as prescribed by law on property auction; the organization of bidding or auction shall be decided by the Heads of the agencies having the property. Prices for other organizations and individuals to exercise the right to operate shall be hammer prices or successful bids; starting price in case of auction, contract package value in case of bidding shall be determined according to the regulations on determining contract package value according to the provisions of law on bidding; Heads of state agencies shall decide the starting price and contract package value. Organization and individuals exercising the right to operate are allowed to collect service prices at the rates prescribed by the State (for services whose prices are determined by the State according to the law on prices) or to decide a collective amount that ensures adequate cost recovery and reasonable accumulation (for services whose price are not determined by the State in accordance with the law on prices);

a3) State agencies allow other organizations and individuals to use locations at the office premises to install automatic teller machines, vending machines, install and construct telecommunications works, install LED screens, panels serving information provision, propaganda and advertising in accordance with the provisions of law.

Allowing other organizations and individuals to use locations at the office premises to install automatic teller machines, install and construct telecommunications works must be under direct agreement with the applicants. State agencies shall prepare plans for other organizations and individuals to use locations at office premises to install automatic teller machines, install and construct telecommunications works and send them to the applicants; Based on the applications of the applicants, the state agencies will negotiate contracts for using the locations to install automatic teller machines, install and construct telecommunications works and sign the contracts as a basis for implementation. Prices for other organizations and individuals to use locations at office premises are the prices negotiated with the applicants and recorded in the contracts.

The selection of organizations and individuals to use locations at office premises to install vending machines, LED screens, panels serving information provision, propaganda and advertising shall comply with the provisions of Point a2 of this clause.

b) Authority to decide operation:

b1) Ministers and Heads of central authorities shall stipulate the authority to decide operation of public property at state agencies under the management of ministries and central authorities;

b2) The province-level People's Councils shall regulate authority to decide operation of public property at state agencies under management of local authorities.

c) Procedures for operation:

c1) The state agency assigned to manage and use public property shall prepare an application for operation of public property, report to the superior regulatory authority (if any) which will report to a competent agency or person prescribed in point b of this clause for consideration and decision on the operation of public property. The application for operation includes:

Written request for operation of public property of a state agency (clearly stating the necessity; list of property to be operated (type, quantity, area, original cost, residual value); form of operation; operation period; expected proceeds (if any)): 01 original;

Other documents related to the proposed property: 01 copy.

c2) Within 30 days from the day on which the application for property operation prepared by the state agency is received, the competent agency or person shall consider and decide on operation of public property or prepare a written response in case of disagreement on the property operation.

c3) Main contents of the decision on operation of public property include:

The name of the state agency allowed to operate the property;

The list of the property to be operated (type, quantity, area, original cost, residual value; form of operation; operation period);

Responsibilities for organizing implementation.

d) The state agency shall issue sales invoices to organizations and individuals in accordance with the law on invoices and documents.

dd) The State agency is allowed to retain 50% of the proceeds from operation of public property, after deducting direct costs related to the organization of operating public property (valuation costs, costs of auction organization, costs of contractor selection, costs of electricity, water, gasoline, service labor and other related costs) and the fulfillment of financial obligations to the State according to the provisions of law (if any) in order to cover annual regular expenditures on management and other activities specifically stipulated in the agency's internal expenditure regulations. The retained amount shall be recorded as the other legal revenue of the agency; the remaining of the proceeds (50%) shall be paid to the central government budget (if the state agency is under the management of a central authority), to local government budget (if the state agency is under the management of a local authority). The head of the agency having property is responsible for managing and using the proceeds from operation and determining the amount payable to the state budget.

5. The operation of property that is historical-cultural monuments or historical relics affixed to land for construction of office premises, traditional rooms of agencies shall be as followed:

a) Forms of operation:

Agencies allow organizations and individuals to visit historical-cultural monuments and historical relics affixed to land for construction of office premises and traditional rooms of agencies. State agencies are allowed to collect sightseeing fees in accordance with the law on fees and charges. The management and use of fees shall comply with the provisions of law on fees and charges.

Agencies use locations at monuments to sell souvenirs and display products. The use of locations at monuments to sell souvenirs, display products and the management and use of proceeds shall comply with the provisions of Points a and dd, Clause 4 of this Article.

b) Authority and procedures for proposing to agencies and persons competent to decide operation shall comply with the provisions of point b and point c clause 4 of this Article.”

8. Amendments to Clause 2 Article 11:

“Article 11. Hiring units in charge of operations management of public property

2. Heads of state agencies assigned to manage and use public property and heads of agencies and units assigned to manage centralized administrative areas shall decide on hiring units in charge of operations management of public property. The selection of units in charge of operations management of public property shall comply with the provisions of law on bidding.”

9. Amendments to Article 17:

“Article 17. Authority to decide on repossession of public property

Authority to decide on repossession of public property in the cases specified in clause 1 Article 41 of the Law on Management and Use of Public Property shall be as follows:

1. Ministers and Heads of central authorities shall stipulate the authority to decide on repossession of public property at state agencies under the management of ministries and central authorities;

2. The province-level People's Councils shall regulate authority to decide on repossession of public property of state agencies under management of provincial authorities.”

10. Amendments to Clauses 1, 2 and 3 Article 18:

“Article 18. Procedures for repossession of public property

1. In case the state agency assigned to manage and use public property voluntarily returns the property to the State according to the provisions of point g clause 1 Article 41 of the Law on Management and Use of Public Property:

a) The state agency assigned to manage and use the public property shall prepare and submit an application for property repossession to the superior regulatory agency (if any) to consider and request the agency or person competent to repossess the property as prescribed in Article 17 of this Decree to consider and decide.

The application for return of property to the State includes:

The application for return of property of the state agency assigned to manage and use the property: 01 original;

Written request made by the superior regulatory agency (if any): 01 original;

The list of property proposed to be returned to the State (type, quantity; condition; original cost, residual value according to accounting books): 01 original;

Other documents related to the request for return of property (if any): 01 copy.

b) Within 30 days from the date of receipt of a valid application, the competent agency or person specified in Article 17 of this Decree shall decide on repossession of the property or issue a written response in case the request for return is inappropriate.

Main contents of the decision on repossession of public property include:

The name of the state agency having the property to be repossessed;

The list of property to be repossessed (type, quantity; original cost, residual value according to accounting books; reasons for the repossession);

Responsibilities for organizing implementation.

c) Within 30 days from the date on which the decision to repossess the property is issued by the competent agency or person, the state agency having the property to be repossessed shall hand over the property and documents related to the property to the agency assigned to manage public property prescribed in clause 2 or clause 3 Article 19 of the Law on Management and Use of Public Property. To be specific:

Property shall be handed over to the agency assigned to manage public property prescribed in clause 2 or clause 3 Article 19 of the Law on Management and Use of Public Property if the decision to repossess the property is issued by the Minister or Head of a central authority;

Property shall be handed over to a Department of Finance if the decision to repossess the property is issued by a competent agency or person of a provincial division;

Property shall be handed over to a district-level Department of Finance and Planning if the decision to repossess the property is issued by a competent agency or person of a district-level/commune-level division;

d) The operation and disposal of the property after the decision to repossess the property is issued shall comply with the provisions of Article 19 hereof.

2. In case of repossession of public property as prescribed in points a, b, c, d, dd and e clause 1 Article 41 of the Law on Management and Use of Public Property:

a) The agency assigned to carry out inspection, assessment and audit and impose penalties for administrative violations and other state regulatory agencies shall, when detecting public property falling into the cases specified in Points a, b, c, d, dd and e, Clause 1, Article 41 of the Law on Management and Use of Public Property, prepare and send a written petition and transfer documents (if any) to the agency or person competent to repossess property as prescribed in Clause 1 Article 17 of this Decree to consider and decide on repossession of the property according to the provisions of law;

b) Within 30 days from the date of receipt of the petition and documents (if any) transferred by the agencies specified in point a of this clause, the agency or person competent to repossess property as prescribed in Article 17 of this Decree shall inspect and verify the public property management and use according to the petition;

c) Within 30 days from the date of completion of the inspection and verification, the competent agency or person specified in Article 17 hereof shall issue a decision to repossess property if the property must be repossessed according to regulations. Main contents of the decision to repossess public property shall comply with the provisions of point b clause 1 of this Article.

If the property is not subject to repossession after inspection and verification, the competent agency or person specified in Article 17 of this Decree shall notify in writing to the agency that has filed the petition;

d) The handover of the property after the decision to repossess the property is issued shall comply with the provisions of point c clause 1 of this Article. The operation and disposal of the property after the decision to repossess the property is issued shall comply with the provisions of Article 19 hereof.

3. In case of repossession of public property as prescribed in point h clause 1 Article 41 of the Law on Management and Use of Public Property, the authority and procedures for repossession and disposal or operation of repossessed property shall comply with relevant laws; in case relevant laws do not govern these contents, provisions of clause 1 or clause 2 of this Article shall be applied.”

11. Amendments to Article 19:

“Article 19. Disposal and operation of public property subject to repossession under decisions issued by competent agencies and persons

1. Public property subject to repossession under a decision issued by a competent agency or person shall be disposed of according to the form specified clause 4 Article 41 of the Law on Management and Use of Public Property.

The authority and procedures for disposal of public property subject to repossession under a decision issued by a competent agency or person shall comply with the provisions of this Decree. The written request for disposal of property included in the application for disposal of property shall be replaced with a plan for disposal of repossessed property made by the agency assigned to manage public property specified in point c clause 1 Article 18 hereof; reasons for request is disposal of the repossessed property.

2. Scope and form of operation of public property subject to repossession under a decision:

a) The office premises or public service facility for which a repossession decision is issued (including or excluding other existing property at the office premises or public service facility) shall be allocated to the state agency or people's armed forces unit, public service provider, CPV agency, Vietnamese Fatherland Front or socio-political organization for temporary use when their property is not available or their office premises or public service facility is being renovated, repaired, upgraded, invested for construction at the request of the agency, organization, unit and superior regulatory agency (if any) of that agency, organization or unit.

During the period of temporary use, the agency, organization or unit is responsible for using the property for the right purpose; pay the costs of electricity, water, service staff and security, renovation and repair costs (if any) and other related costs (excluding depreciation and amortization costs, land rents) that are recorded as operating expenses of the agency, organization or unit or included in investment costs for construction, repair, upgrading, and renovation of new office premises or public service facility according to the project or task approved by the competent agency or person. The renovation or repair (if any) of a building or work during the period of temporary use shall be carried out by the agency, organization or unit that is using the building or work temporarily in accordance with relevant laws.

b) The public property subject to repossession shall be managed and operated by a local organization licensed for housing management and trade according to the Government's regulations.

c) The public property for which a repossession decision is issued shall be allocated to a land fund development organization for management and operation according to land laws.

3. Authority to prepare and approve plans for operating public property subject to repossession under a decision:

a) The agency assigned to manage the public property specified in Clause 2, Article 19 of the Law on Management and Use of Public Property is responsible for preparing a plan for operating public property for which a repossession decision is issued by the competent agency or person specified in Clause 1 Article 17 of this Decree, and submitting it to the Minister or Head of central agency for approval.

b) The Department of Finance is responsible for preparing a plan for operating public property for which a repossession decision is issued by the competent agency or person of a province-level division, and submitting it to the Province-level People's Committee for approval.

c) The Division of Finance and Planning of a district-level division is responsible for preparing a plan for operating public property for which a repossession decision is issued by the competent agency or person of a district-level division or commune-level division, and submitting it to the district-level People's Committee for approval.

4. An application for a competent agency or person’s approval for a plan for operating public property subject to repossession under a decision includes:

a) Written request for approving the plan for operating public property subject to repossession under a decision issued of the agency competent to prepare the plan specified in clause 3 of this Article.

b) The plan for operating property prepared by the agency competent to prepare the plan specified in clause 3 of this Article. The plan for operating property is a proposal concerning form of operation as prescribed in clause 2 of this Article of each property for which a repossession decision is issued: 01 original.

c) The repossession decision made by the competent agency or person: 01 copy.

d) Other documents related to the proposed property and plan for operation: 01 copy.

5. Within 30 days from the day on which the agency or person competent to approve the plan for operation specified in clause 3 of this Article approves the plan for operation, the agency assigned to manage public property shall hand over and receive the property according to the approved plan for operation. The handover or receipt of the property to be operated according to the plan approved by the competent agency or person shall be recorded using the Form No. 01/TSC-BBGN enclosed herewith.

If the property is allocated to the agency, organization or unit for temporary use, after the operation period ends according to the plan approved by the competent agency or person or the property disposal decision is issued by the competent agency or person, the agency, organization or unit allocated the property for temporary use is responsible for handing over the property to the agency assigned to manage public property to continue to prepare a plan for disposal or operation the property according to the provisions of this Article; The agency, organization or unit allocated the property for temporary use is responsible for ensuring that the property handed over is being used and operating normally.

If the property is allocated to a local organization licensed for housing management and trade to manage and operate, the organization is responsible for managing, operating or disposing of the property according to the Government's regulations on management, use and operation of buildings and land that are public property used for non-residential purposes and allocated to the organization licensed for housing management and trade to manage and operate.

If the property is allocated to a land fund development organization for management and operation, the land fund development organization is responsible for managing and operating the property according to land laws.

6. If the agency assigned to manage public property is the agency that proposes to the competent agency or person to issue the repossession decision, the plan for disposal or operation of the property may be submitted together with the request for repossessing the property to the competent agency or person for consideration and approval by issuing the same Decision.

7. The agency assigned to manage public property specified in point c clause 1 Article 18 of this Decree shall, after receiving the repossessed property, open a separate logbook or accounts and calculated depreciation for fixed assets according to regulations applicable to state agencies until completion of the property disposal or handover of the property to the local organization licensed for housing management and trade or land fund development organization according to the plan approved by the competent authority or person. Expenses incurred in the process of managing the repossessed property that has not yet been operated or processed (costs for protection, preservation, repair, and maintenance of the property) paid by the agency assigned to manage public property specified in Point c, Clause 1, Article 18 of this Decree and allocated in the regular expenditure estimates of the agency assigned to manage public property.”

12. Amendments to Article 20:

“Article 20. Authority to decide on transfer of public property

Authority to decide on transfer of public property in the cases specified in clause 1 Article 42 of the Law on Management and Use of Public Property shall be as follows:

1. The authority to decide on transfer of public property between state agencies, units of the people's armed forces, public service providers, CPV agencies, Vietnam Fatherland Front, and socio-political organizations ​​shall be as follows:

a) The Minister of Finance shall decide on transfer of public property between ministries, between central agencies, between central authorities and local authorities, and between provinces and central-affiliated cities at the request of the Minister, Heads of central authorities, Chairpersons of the relevant Province-level People's Committees.

b) Ministers and Heads of central authorities shall stipulate the authority to decide transfer of public property between agencies, organizations and units under the management of ministries and central authorities.

c) The province-level People's Councils shall regulate authority to decide transfer of public property between agencies, organizations and units under management of provincial authorities.

2. The Prime Minister shall decide on transfer of public property in the following cases:

a) The transferred property is special property at units of the people’s armed forces as prescribed in point a clause 2 Article 59 of this Decree.

b) The property is transferred outside the scope of agencies, organizations and units specified in Clause 1 of this Article at the request of the Minister of Finance at the request of the Minister, Heads of central authorities, Chairpersons of the relevant Province-level People's Committees.”

13. Amendments to Clause 1 and Clause 2, addition of Clause 6 and clause 7 Article 21:

“Article 21. Procedures for transfer of public property

1. The state agency holding the property to be transferred shall prepare and submit an application for the superior regulatory agency (if any) to consider and request the agency or person competent to transfer the property as prescribed in Article 20 of this Decree to consider and decide.

The application for property transfer includes:

a) The written request for transfer of property of the state agency assigned to manage and use the property: 01 original.

b) The written request for getting allowance for receipt of the property made by the agency, organization or unit applying for receiving the property (with description of conformity with standards and usage of public property; uses of the property after receipt): 01 original.

c) The written request for transfer or receipt of the property made by the superior regulatory agency (if any) (with description of conformity with standards and usage of public property; uses of the property after receipt): 01 original.

d) The list of property proposed to be transferred (type, quantity, condition; original cost, residual value according to accounting books; current purpose and proposed purpose after transfer in case the transfer is associated with conversion of use of property; reason for transfer): 01 original.

dd) Other documents related to the request for property transfer (if any): 01 copy.

In case the property is transferred due to a change of the regulatory agency, organizational structure or hierarchy of management, the application for transfer of the property shall include the documents specified in points a, d and dd of this clause and the written request for property transfer made by the superior regulatory agency (if any) of the state agency assigned to manage and use the property. After completing the transfer or receipt, the agency, organization or unit receiving the transferred property shall arrange use of the property according to the standards and usage of public property issued by the competent agency or person; if the property is in surplus or is subject to disposal in accordance with the Law on Management and Use of Public Property and this Decree, the agency, organization or unit receiving the transferred property shall prepare and submit an application and send a report to the competent agency or person for consideration and decision on disposal.

2. Within 30 days from the date of receipt of a valid application, the competent agency or person specified in Article 20 of this Decree shall issue a decision to transfer public property or issue a written response in case the request for transfer is inappropriate.

In case the transfer of public property falls under the Prime Minister's decision-making authority as prescribed in Point a, Clause 2, Article 20 of this Decree, the Minister of National Defense or the Minister of Public Security shall submit it to the Prime Minister for consideration and decision.

In case the transfer of public property falls under the Prime Minister's decision-making authority as prescribed in Point b, Clause 2, Article 20 of this Decree, on the basis of the request of the relevant Minister, Head of a central authority, chairperson of the province-level People’s Committee, the Minister of Finance shall submit it to the Prime Minister for consideration and decision.

In case the transfer of public property falls under the Province-level People's Council’s decision-making authority, the Department of Finance shall consolidate and submit it to the Province-level People’s Committee to report to the province-level People's Council for consideration and decision.

6. In case the property is transferred to a wholly state-owned enterprise, the application for property transfer must include the written request for receiving the property of the enterprise and owner’s representative agency; after receiving the property according to the Prime Minister's decision, the enterprise shall hire a price appraisal enterprise to redetermine the property value in accordance with the market price of property of the same type or with equivalent standards, techniques, quality, and origin at the time of determination as a basis of reporting for the competent agency or person to consider and decide to record an increase in state capital invested in the enterprise according to the provisions of law on management and use of state capital invested in production and business at enterprises. In case office premises are transferred to a wholly state-owned enterprise, the LUR value will not be included in the property value to record the increase in state capital invested in the enterprise; the enterprise allowed to receiving transferred property is responsible for carrying out land-related administrative procedures and paying land rent according to the provisions of land law.

The transfer from office premises to an enterprise for construction of housing or real estate business, or the use of the office premises that has been received by transfer for construction of housing or real estate business is not allowed.

7. The People’s Committee of a province-level division shall direct relevant agencies of the division to follow administrative procedures according to the provisions of land law in case of transfer of office premises in order to complete the implementation of the transfer decision of a competent agency or person.”

14. Amendments to Clause 2 Article 22:

“Article 22. Authority to decide on sale of public property

2. Authority to decide on sale of public property in the cases specified in points a, b and c clause 1 Article 43 of the Law on Management and Use of Public Property shall be as follows:

a) Ministers and Heads of central authorities shall decide on sale of office premises of state agencies under management of the Ministries and central authorities after obtaining opinions of the Chairpersons of the People's Committees of the province-level divisions where the office premises for sale are located.

b) Ministers and Heads of central authorities shall stipulate the authority to decide on sale of fixed assets other than office premises of state agencies under the management of the ministries and central authorities.

c) The province-level People's Councils shall regulate authority to decide on sale of fixed assets of state agencies under management of provincial authorities.

d) Heads of state agencies assigned to manage and use public property shall decide on sale of:

Public property that is fixed assets under authority prescribed by Ministers, Heads of central authorities, and Province-level People's Councils;

Public property that is not fixed assets.”

15. Amendments to Article 23:

“Article 23. Procedures for sale of public property

1. State agencies having public property in any of the cases specified in points a, b and c clause 1 Article 43 of the Law on Management and Use of Public Property shall prepare and submit an application for sale of public property to the superior regulatory agency (if any) to decide and request the competent agency or person specified in clause 2 Article 22 hereof to consider and decide.

The application for sale of public property includes:

a) A written request for sale of public property made by the agency assigned to manage and use public property (clearly stating the form of organization of property sales, management and use of proceeds from property sales): 01 original;

b) A written request for sale of public property made by the superior regulatory agency (if any): 01 original;

c) The list of property proposed to be sold (type, quantity, area; condition; original cost, residual value according to accounting books; current purpose; reasons for the sale): 01 original;

d) Opinions of the People's Committee of the province-level division where the office premises are located (in case of selling the office premises), including opinions on the planning of the land area: 01 copy.

dd) Other documents related to the request for sale of property (if any): 01 copy.

In case office premises are sold, on the basis of the actual situation and current status of the property affixed to land, the state agency that has the office premises shall send a report to the superior regulatory agency (if any) which will report through a written request for sale of public property for the agency or person competent to decide on sale of the office premises to consider and decide on sale of the property affixed to land along with LURs or liquidation of the property affixed to land in the form of demolition or destruction before organizing sale of the office premises.

2. Within 30 days from the date of receipt of a valid application, the competent agency or person specified in clause 2 Article 22 of this Decree shall consider and decide on sale of public property or issue a written response in case the request for sale is inappropriate.

Main contents of the decision on sale of public property include:

a) The state agency having property to be sold.

b) The list of property to be sold (type, quantity, area; original cost, residual value according to accounting books; reasons for the sale);

c) Method of selling the property (in case the method of sale has been determined, it will be written directly in the Decision; in case the method of sale has not been determined, the head of the agency assigned to organize sale of the property will be assigned to decide on specific method pursuant to the provisions of Articles 24, 26 and 27 of this Decree).

d) The disposal of the property affixed to land (selling it together with LURs or liquidating it).

dd) The agency assigned to organize sale of public property.

e) Management and use of proceeds from sale of the property.

g) Validity period of the Decision (maximum of 24 months (for office premises) or 12 months (for other property), from the date of issuance of the Decision).

3. The agency or person competent to decide on sale of public property shall issue a decision to assign the state agency having public property or the agency assigned to manage public property specified in clause 2 or clause 3 Article 19 of the Law on Management and Use of Public Property to take responsibility for organization of sale of public property.

If the competent agency or person assigns the agency assigned to manage public property specified in clause 2 or clause 3 Article 19 of the Law on Management and Use of Public Property to take responsibility for organizing sale of public property, the following principles shall be applies:

a) The agency assigned to manage public property prescribed in clause 2 Article 19 of the Law on Management and Use of Public Property shall organize sale of the public property the sale of which is decided by the Minister or Head of the central authority.

b) The Department of Finance shall organize sale of public property the sale of which is decided by the Province-level People's Council, the Province-level People’s Committee, or Chairperson of the Province-level People’s Committee.

c) The Division of Finance and Planning of a district-level division shall organize sale of public property the sale of which is decided by the district-level People's Council, the district-level People’s Committee, or Chairperson of the district-level People’s Committee.

4. On the basis of the Decision on sale of the competent agency or person, the agency assigned to organize sale of public property specified in clause 3 of this Article is responsible for organizing sale of the property as prescribed in Articles 24, 25, 26 and 27 of this Decree. In case the validity period of the Decision ends but the property has not yet been sold, the agency assigned to organize sale of public property shall send a report for the agency or person competent to decide on sale to extend the Decision in order to continue the sale (extension period does not exceed 24 months (for office premises) or 12 months (for other property), from the date of issue of the extension decision) or carry out procedures for change of the form of property disposal as prescribed in Clause 5, Article 25 of this Decree.

5. Within 30 days from the day on which the property is sold out, the state agency holding such property shall record it as a decrease in assets; submit a declaration of changes in public property according to the provisions of Article 126 and Article 127 of this Decree.

6. Procedures for liquidation of public property in the form of sale shall comply with the provisions of Article 29 and Article 31 of this Decree.

7. Any organization or individual purchasing office premises are responsible for contacting a natural resources and environment agency and a land registry to carry out land-related administrative procedures (signing a land lease contract, issuing a certificate of title, etc.) according to the provisions of land law according to the purpose, form and term of land use specified in the plan for auction of office premises approved by the competent agency or person. After purchasing the office premises, if the organization or individual executes an investment project on construction, land laws, investment laws, construction laws and other relevant laws shall be applied.”

16. Addition of clause 1a, amendments to clause 1, clause 2, clause 6, clause 7 and clause 8 of Article 24:

“Article 24. Selling public property by auction

1. The public property shall be sold at a public auction, except for cases where the property is sold by assignment or sold at fixed prices as specified in Clause 1, Article 26, Clause 1, Article 27 of this Decree.

1a. If the public property is office premises, on the basis of the decision on sale of property made by the competent agency or person, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall cooperate with relevant authorities of the division to which the property belongs in preparing a plan for auctioning the office premises and submit it for the approval of the People’s Committee of the province-level division to which the property belongs. The plan for auctioning the office premises includes the following contents:

a) Information on the property affixed to land (in case the property affixed to land is not liquidated before auctioning): Area, grade, class of building, other property affixed to land; Original cost and residual value of building and other property affixed to land at the time of preparing the application for disposal.

b) Information on land: Location; area of land to be auctioned; use of land to be auctioned; form of use of land to be auctioned (land allocation, land lease under one-off arrangement, land lease with annual land rent payments); term of use of land to be auctioned; LUR value calculated according to the land price for the use of land to be auctioned in the Land Price List applicable at the time of preparing the plan for auctioning the office premises.

c) Information on the land use planning and detailed construction planning related to the property.

d) Subjects and eligibility conditions for participating in the auction.

dd) Auction form applied when conducting the auction.

2. Determination of starting price:

a) If the property is office premises:

a1) The starting price for auction shall be the land rent per unit of area per year (in case the land to be auctioned will be leased with annual land rent payments) or LUR value (In case the land to be auctioned will be allocated with land levy payment, leased out under one-off arrangement when the starting price is announced.

where:

The LUR value is the lump-sum land levy or/and land rent.

The land rent per unit of area and LUR value are determined according to the use purpose in accordance with the planning approved by the competent authority of the land zone equivalent to the land area of ​​the office premises for which the sale decision is made. Specific land price for which the land rent per unit of area and LUR value are calculated is determined according to methods for determining specific land prices in the Land Law, Decrees of the Government on land prices, land levy collection and land rent collection.

a2) On the basis of the plan for auctioning the office premises approved by the province-level People’s Committee and the provisions of law on land valuation methods, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall prepare an application for starting price determination and submit it to the relevant agency of the province-level People’s Committee responsible for land valuation as prescribed by land laws.

The application for determining starting price determination includes:

A written request for starting price determination made by the agency assigned to organize sale of the property: 01 original;

The decision on sale of public property made by the competent agency or person: 01 copy.

The plan for auctioning the office premises approved by the competent agency or person: 01 copy.

a3) After receiving the valid application for starting price determination, the relevant authority of the province-level People’s Committee responsible for land valuation as prescribed by land laws shall determine the starting price for auction and submit it for the decision of the Chairperson of the province-level People’s Committee according to the provisions of land law.

a4) In case it is required to divide the land area of the office premises into many parcels to organize an auction according to the planning of the local authority, the starting price shall be determined for each parcel.

a5) In case the property affixed to land is not liquidated before auctioning, the agency assigned to organize sale of the property shall establish a price appraisal council of the State according to the provisions of law on prices or hire a price appraisal enterprise to determine the value of the property affixed to land in a manner that ensures compliance with the actual residual value of the property to serve as a basis for reporting to the superior regulatory agency (if any) which will submit a report for the competent agency’s or person's decision on the value of the property affixed to land. In case it is required to divide the land area of the office premises into many parcels according to the planning of the local authority, the value of the property affixed to land shall be allocated to each parcel according to the ratio of the area of ​​each parcel to the total area of ​​all parcels.

The Minister or Head of a central authority or the province-level People's Council shall stipulate the authority to decide on the value of the property affixed to land when the state agency’s office premises under the management of the Ministry, central authority or provincial authority is sold.

The use of price appraisal certificates and price appraisal reports shall comply with price laws.

a6) In case the property affixed to land is liquidated before auctioning, the successful bidder shall refund the residual value of the property affixed to land monitored on the accounting book when the sale decision is issued.

b) For public property not falling within the scope specified in Point a of this Clause, the head of the agency assigned to organize sale of the property specified in Clause 3, Article 23 of this Decree shall decide on the starting price of the property to be auctioned in a manner that ensures compliance with the market price of the property of the same type or the property with the same technical standards, quality, and origin at the time of price determination.

The head of the agency assigned to organize sale of the property shall establish a price appraisal council of the State according to the provisions of price law or hire a price appraisal enterprise to determine a price serving as a basis for deciding the starting price. The selection of price appraisal enterprises shall comply with relevant laws.

The use of price appraisal certificates and price appraisal reports shall comply with price laws.

c) The property price determined in point a or point b of this clause does not include VAT.

6. Procedures for a public property auction shall comply with laws on property auctions. Information on the public property auction shall be posted and announced publicly in accordance with property auction laws. The agency assigned to organize sale of the property shall supervise the organization of auction and other rights and obligations of the holder of the property to be auctioned in accordance with property auction laws.

In case the office premises are auctioned but the property affixed to land is not liquidated and the value of the property on land is maintained, the organization or individual participating in the auction shall bid for the land rent per unit of area (in case of land lease with annual land rent payments) or LUR value (in case of land allocation or land lease under one-off arrangement). The value of the property affixed to land and obligations of the successful bidder to pay the value of the property affixed to land shall be prescribed in the Regulations (internal rules) of the auction and must be posted and announced publicly when announcing the auction of the office premises.

The price of public property sold at auction is the hammer price. In case the office premises are sold but the property affixed to land is not liquidated before auctioning, the selling price of the office premises shall include land rent per unit of area, the value of LURs purchased at auction and the value of the property affixed to land determined according to the provisions of point a4 clause 2 of this Article; the land rent per unit of area and the value of LURs purchased at auction shall be the basis for determining financial obligations regarding land. In case the State leases out land with annual land rent collection, the land rent stabilization and land rent adjustment shall comply with the provisions of the Land Law and the Government's Decrees on land rent collection.

Within 05 working days from the date of receiving the property auction results transferred by the property auction organization or the Property auction council, the agency assigned to organize sale of the property shall sign a contract for sale and purchase of the auctioned property with the successful bidder. The contract for sale and purchase of the auctioned property shall comply with the provisions of civil law. The contract for sale and purchase of the auctioned property must be sent to the holder of escrow account specified in Clause 1, Article 36 of this Decree.

7. A payment for the property shall be made as follows:

a) In case office premises are sold and its land, after the office premises are sold, will be allocated with land levy collection or leased out under one-off arrangement:

Within 90 days from the day on which the contract for sale and purchase of the auctioned property is signed, the successful bidder shall give the agency assigned to organize sale of the property the payment for the property (including the lump-sum land levy or land rent and the value of the property affixed to land). Within 03 working days from the date of receiving the payment for the property, the agency assigned to organize sale of the property shall transfer it to the escrow account according to the provisions of Article 36 of this Decree.

b) In case the office premises are sold and its land, after the premises are sold, will be leased out by the State with annual land rent payments:

Within 30 days from the day on which the contract for sale and purchase of the auctioned property is signed, the successful bidder shall give the agency assigned to organize sale of the property prescribed in clause 3 Article 23 of this Decree the payment for the value of the property affixed to land. Within 03 working days from the date of receiving the full payment for the property from the successful bidder, the agency assigned to organize sale of the property prescribed in clause 3 Article 23 of this Decree shall transfer it to the escrow account.

The successful bidder shall follow procedures relating to annual land rent payment according to the provisions of the Land Law and the Government’s Decrees on land rents and water surface rents. The handling of late payment of annual land rent (if any) shall comply with tax administration laws.

c) In case other property is sold (other than the office premises):

Within 05 working days from the day on which the contract for sale and purchase of the auctioned property is signed, the successful bidder shall give the agency assigned to organize sale of the property prescribed in clause 3 Article 23 of this Decree the payment for the property. Within 03 working days from the date of receiving the payment for the property, the agency assigned to organize sale of the property prescribed in clause 3 Article 23 of this Decree shall transfer it to the escrow account.

d) In case the deadline specified in points a, b and c of this clause expires but the successful bidder has not fully paid for the property, the agency assigned to organize sale of the property will cancel the signed contract and the successful bidder will not receive back the amount corresponding to the deposit.

The specific payment deadline and regulations on the contract cancellation must be clearly stated in the Auction regulations and property sale and purchase contract.

In case the property sale and purchase contract is signed or the payment for the property has been made but the purchaser later cancels the purchase, it will be handled according to the signed contract and civil laws.

8. The agency assigned to organize sale of the property prescribed in clause 3 Article 23 of this Decree shall issue public property sale invoice to the purchaser according to regulations. The property shall be allocated to the purchaser at the place where the property is located after the purchaser has completed payment (in the case specified in Points a or c, Clause 7 of this Article) or after the purchaser has completed the payment for the value of the property affixed to land (in the case specified in Point b, Clause 7 of this Article).”

17. Amendments to Article 25:

“Article 25. Disposal of public property in case of unsuccessful auction

1. The second auction will be organized in case of unsuccessful first auction.

2. If the second auction is also unsuccessful, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall follow one of the following plans:

a) Sell the property to be auctioned to a unopposed person in case only one person registered to participate in the auction after the registration deadline has expired or in case many people register to participate in the auction but only one person participates in the auction or in case many people participate in the auction but only one person bids or in case many people bid but only one person bids the highest price which is not lower than the starting price of the second auction or next auctions.

b) Organize the other auction as prescribed by law.

c) Propose to the competent agency or person that has issued the property sale decision to consider and decide on cancellation of public property auction decision to apply other form of property disposal in accordance with the provisions of the Law on Management and Use of Public Property and the provisions of this Decree.

3. The reorganization of auction shall comply with the provisions of clauses 4, 5, and 6 Article 24 of this Decree. The agency assigned to organize sale of the property shall determine the cause of the unsuccessful auction; In case the cause is determined to be a high starting price, the cause shall be reported to the Head of the agency assigned to organize sale of the property to consider and decide on redetermination of starting price for reorganization of the auction. The redetermination of starting price shall comply with the provisions of clauses 2 Article 24 of this Decree.

4. Procedures for selling to the unopposed person as prescribed in point a clause 2 of this Article shall be as follows:

a) Within 07 working days from the day on which the unopposed person is determined according to the provisions of point a clause 2 of this Article, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall prepare an application for selling property to a single person and submit it to the superior regulatory agency (if any) to consider and request the competent agency or person that has issued the property sale decision to consider and decide on selling the property to the unopposed person instead of selling the property at auction.

The application for selling the public property to the unopposed person determined according to the provisions of point a clause 2 of this Article includes:

A written request for sale of the agency assigned to organize sale of the property (including description of the auction process; price paid by the unopposed organization or individual specified in Point a, Clause 2 of this Article (if any)): 01 original;

A written request for selling the public property to the unopposed person made by the superior regulatory agency (if any): 01 original;

A written request for purchasing the public property from the unopposed person determined according to the provisions of point a clause 2 of this Article (specifying that the purchase price is not lower than the starting price and not lower than the price paid (if any)): 01 original;

The decision on property auction made by the competent agency or person: 01 copy.

Minutes of property auction (if any) and documents related to the property auction process: 01 copy.

b) Within 07 working days from the day of receiving the valid application, the competent agency or person specified in clause 2 Article 22 of this Decree shall consider and decide on selling the public property to the unopposed person participating in the auction.

c) Within 05 working days from the day on which the property sale decision is issued by the competent agency or person, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall sign a property sale and purchase contract with the purchaser.

d) The payment for the property shall comply with the provisions of clause 7 Article 24 of this Decree.

dd) The issuance of the public property sale invoice to the purchaser and the allocation of the property to the purchaser shall comply with the provisions of clause 8 Article 24 of this Decree.

5. Procedures for change of form of property disposal specified in point c clause 2 of this Article shall be as follows:

a) Within 07 working days from the day on which the auction is considered unsuccessful, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall prepare an application for cancelling the decision on public property auction and submit it to the superior regulatory agency (if any) to consider and request the competent agency or person specified in clause 2 Article 22 of this Decree to issue a decision to cancel the decision on public property auction.

The application for cancelling the decision on public property auction includes:

A written request for cancelling the auction decision of the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree (including reasons for unsuccessful auction and description of the auction process): 01 original;

A written request for cancelling the auction decision of the relevant superior regulatory agencies (if any): 01 original;

The decision on property auction made by the competent agency or person: 01 copy.

Minutes of property auction (if any) and documents related to the property auction process: 01 copy.

b) Within 07 working days from the day of receiving the valid application, the competent agency or person specified in clause 2 Article 22 of this Decree shall consider and decide on cancelling the decision on public property auction or prepare a written request for reorganization of auction.

c) In case the competent agency or person issues a decision to cancel the decision on public property auction, the state agency assigned to manage and use the public property shall submit an application to the competent agency or person to consider and decide on the form of disposal in accordance with this Decree."

18. Amendments to Clause 1 Article 26:

“Article 26. Offering public property at fixed prices

1. Public property will be publicly offered at fixed prices if the original cost of the public property according to an accounting book is less than 250 million VND/01 property recorded in the accounting book (hereinafter referred to as “per unit of property”) and value after re-valuation is from 10 million VND to less than 50 million VND per unit of property. The public property whose original cost is not monitored on the accounting book shall be offered at fixed prices if its value after re-valuation is from 10 million VND to less than 50 million VND per unit of property. In case the property specified in this clause is offered together with the property to be sold at auction, both shall be sold at auction. Office premises and automobiles shall not be offered at fixed prices."

19. Amendments to clauses 1 and 4 of Article 27:

“Article 27. Sale of public property by assignment

1. Sale of public property by assignment will be carried out if the original cost of the public property according to an accounting book is less than 250 million VND per unit of property and its value after re-valuation is less than 10 million VND per unit of property; the public property is not qualified as a fixed asset. The public property whose original cost is not monitored on the accounting book shall be sold by assignment if its value after re-valuation is less than 10 million VND per unit of property.

The sale of property by assignment shall not be applied to automobiles and office premises, except for special cases under the Government's regulations on rearrangement and disposal of public property. In case the property specified in this clause is sold together with the property to be sold at auction, both shall be sold at auction.

4. After the decision on property sale is issued by a competent agency or person, the agency assigned to organize sale of the property specified in clause 3 Article 23 of this Decree shall publicly announce the sale at the headquarters of the agency where the property is located and sell to the first person who submits the written request for purchasing the property. Within 05 working days from receiving the written request for purchasing the property from the first person, the agency assigned to organize sale of the property shall sign a property sale and purchase contract with the purchaser.

The payment for the property and the transfer to the escrow account shall comply with the provisions of clause 6 Article 26 of this Decree.”

20. Amendments to Article 28:

“Article 28. Authority to decide on liquidation of public property

Authority to decide on liquidation of public property in the cases specified in clause 1 Article 45 of the Law on Management and Use of Public Property shall be as follows:

1. Ministers and Heads of central authorities shall stipulate the authority to decide on liquidation of public property that is fixed assets at state agencies under the management of ministries and central authorities;

2. The province-level People's Councils shall regulate authority to decide on liquidation of public property that is fixed assets at state agencies under management of local authorities.

3. Heads of state agencies assigned to manage and use public property shall issue decisions to liquidate:

a) public property that is fixed assets under their authority stipulated by the Ministers and Heads of central authorities and the province-level People's Councils.

b) public property that is not fixed assets.”

21. Amendments to Clauses 1 and 2, and addition of clause 6 of Article 29:

“Article 29. Procedures for liquidation of public property

1. In case of holding public property that expired and must be liquidated; or public property that has not expired but is damaged beyond repair or is damaged and cannot be repaired effectively (expected repair cost is greater than 30% of the property’s original cost), or office building or other property affixed to land that does not conform to the planning and must be demolished, the state agency shall prepare an application for liquidating the public property and submit it to the superior regulatory agency (if any) to consider and request the competent agency or person specified in Article 28 of this Decree to consider and decide.

The application for liquidating the property includes:

a) A written request for liquidating public property of the state agency assigned to manage and use the public property (specifying responsibilities for organizing the property liquidation; estimated cost of property repair (according to the quote from the repair facility) in case the repair is determined to be ineffective): 01 original.

b) A written request for liquidating public property made by the superior regulatory agency (if any): 01 original.

c) The list of property proposed to be liquidated (type, quantity, area; condition; original cost, residual value according to accounting books; form of liquidation; reason for liquidation): 01 original.

d) Written opinion of a relevant construction authority (Department of Construction, Urban Management Department, Economic and Infrastructure Department of the district-level People's Committee) or a written appraisal of the consulting unit in charge of appraising the condition of property and the possibility of repair (in case buildings or construction works have not expired but are damaged beyond repair): 01 copy.

dd) Other documents related to the request for property liquidation (if any): 01 copy.

2. Within 30 days from the date of receipt of a valid application, the competent agency or person specified in Article 28 of this Decree shall decide on liquidation of the property or issue a written response in case the request for liquidation is inappropriate.

Main contents of the decision on liquidation of public property include:

a) State agency having the property to be liquidated.

b) The list of property to be liquidated (type, quantity, area; original cost, residual value according to accounting books; reasons for liquidation);

c) Form of property liquidation (sale; demolition, destruction and sale of supplies and materials repossessed from demolition and destruction (if any)),

d) Management and use of proceeds from property liquidation (if any).

dd) Responsibilities for organizing implementation.

6. In case it is required to demolish or destroy the property in order to execute an investment project according to the project approved by a competent agency or person or to clear site when the State expropriates land, the state agency having such property is not required to follow procedures for reporting to the agency or person competent to decide on property liquidation according to the provisions of this Decree; the state agency having such property shall hand over the property to be demolished or destroyed to the project management board/project developer and an organization in charge of compensation and site clearance payment provision to comply with the relevant laws. The handover shall be recorded using Form No. 01/TSC-BBGN enclosed herewith; on the basis of the property handover minutes, the state agency having the property shall record the property as a decrease in assets according to regulations. In case an investment project to build office premises is executed, the Project Management Board/project developer shall demolish and destroy the property to execute the project and dispose of the supplies and materials repossessed from the demolition and destruction according to regulations; In case of site clearance when the State expropriates land, the organization in charge of compensation and site clearance payment provision shall provide compensation, site clearance payment and dispose of the property according to the provisions of land law. ”

22. Amendments to Article 30:

“Article 30. Organizing public property liquidation in the form of demolition and destruction

1. The state agency having property to be liquidated will hire another organization or individual to demolish or destroy the property or do it by itself, except for cases of demolition and destruction specified in clause 6 Article 29 of this Decree.

2. The property shall be demolished or destroyed in the following forms:

a) Use of mechanical measures.

b) Destruction of the property by burning, burying, or using chemicals.

c) Uninstallation of the property from its device (in case the property to be dismantled or destroyed is application software).

d) Other forms.

3. In case of hiring another organization or individual to demolish or destroy the property, the other organization or individual shall be selected as follows:

a) In case of hiring another organization or individual to demolish or destroy the property, the other organization or individual shall be selected according to the provisions of bidding law. The supplies or materials repossessed from the destruction or demolition that are usable shall be sold as prescribed in Article 31 of this Decree; the supplies or materials repossessed from the destruction or demolition that are unusable shall be destroyed.

b) In case the property is demolished or destroyed and the supplies or materials repossessed from the demolition or destruction are sold, a bidding shall be made if the expected cost of demolition or destruction is greater than the expected value of the repossessed supplies or materials; an auction shall be conducted if the expected cost of demolition or destruction is less than the expected value of the repossessed supplies or materials. The expected value of the repossessed supplies or materials determined shall be determined according to the provisions of point b and point c clause 2 Article 24 of this Decree.

The organization or individual selected through bidding or auction to demolish or destroy the property and sell the repossessed supplies or materials shall offset the demolition cost and the value of supplies or materials repossessed after demolition on the basis of bidding or auction results.

4. In case the state agency having liquidated property demolishes or destroys the property by itself, the head of the state agency having the property shall decide on establishment of a property liquidation council to destroy or demolish the property. The property liquidation council consists of the leader of the state agency having the liquidated property acting as the council’s Chairperson and representatives of accounting divisions, representatives of property use divisions, trade union representatives and other members (if necessary) that are members. The demolition or destruction shall be recorded in writing.

The supplies or materials repossessed from the destruction or demolition that are usable shall be sold as prescribed in Article 31 of this Decree; the supplies or materials repossessed from the destruction or demolition that are unusable shall be disposed of.”

23. Amendments to Article 31:

“Article 31. Organizing public property liquidation in the form of sale

1. Public property shall be liquidated by selling it at auction according to the provisions of law, except for the cases specified in clause 2 and clause 3 of this Article.

2. The following public property shall be liquidated by offering it at fixed prices:

a) The property to be liquidated by sale of which original cost recorded in the accounting book is less than 500 million VND per unit of property and value after re-valuation is from 10 million VND to less than 50 million VND per unit of property; the public property whose original cost is not monitored on the accounting book shall be liquidated by offering it at fixed prices if its value after re-valuation is from 10 million VND to less than 50 million VND per unit of property. Automobiles shall not be offered at fixed prices.

b) Supplies or materials repossessed from public property liquidation by demolition or destruction whose value is from 10 million VND to less than 50 million VND. The value of the repossessed supplies or materials shall be determined according to the provisions of point b and point c clause 2 Article 24 of this Decree.

In case the property specified in this clause is sold together with the property that is required to be sold by auction, an auction shall be conducted.

3. The following public property shall be liquidated by assignment:

a) The property to be liquidated by sale of which original cost recorded in the accounting book is less than 500 million VND per unit of property and value after re-valuation is less than 10 million VND per unit of property; the public property that is not qualified as a fixed asset. The public property whose original cost is not monitored on the accounting book shall be liquidated by assignment if its value after re-valuation is less than 10 million VND per unit of property. Automobiles shall not be sold by assignment.

b) Supplies or materials repossessed from public property liquidation by demolition or destruction whose value is less than 10 million VND. The value of the repossessed supplies or materials shall be determined according to the provisions of point b and point c clause 2 Article 24 of this Decree.

In case the property specified in this clause is sold together with the property that is required to be sold by auction, an auction shall be conducted.

4. The organization of liquidation of public property by selling it at auction shall comply with the provisions of Article 24 of this Decree; the disposal of public property in case of unsuccessful auction shall comply with the provisions of Article 25 of this Decree.

5. The organization of liquidation of public property by offering it at a fixed price shall comply with the provisions of Article 26 hereof.

6. The organization of liquidation of public property by assignment shall comply with the provisions of Article 27 hereof.

24. Amendments to Article 32:

“Article 32. Authority to decide on destruction of public property at state agencies

1. Ministers and Heads of central authorities shall stipulate the authority to decide on destruction of public property that is fixed assets at state agencies under the management of ministries and central authorities.

2. The province-level People's Councils shall regulate authority to decide on destruction of public property that is fixed assets at state agencies under management of local authorities.

3. Heads of state agencies assigned to manage and use public property shall decide on destruction of:

a) public property that is fixed assets under their authority stipulated by the Ministers and Heads of central authorities and the province-level People's Councils.

b) public property that is not fixed assets.”

25. Amendments to Article 34:

"Article 34. Authority to decide on disposal of lost or damaged public property

1. Ministers and Heads affixed assets central authorities shall stipulate the authority to decide on disposal of public property that is fixed assets at state agencies under the management of ministries and central authorities in case the property is lost or damaged.

2. The province-level People's Councils shall regulate authority to decide on disposal of public property that is fixed assets at state agencies under management of local authorities in case of the property is lost or damaged.

3. Heads of state agencies assigned to manage and use public property shall decide on property disposal in case the following property is lost or damaged:

a) public property that is fixed assets under their authority stipulated by the Ministers and Heads of central authorities and the province-level People's Councils.

b) public property that is not fixed assets.

4. It is not required to follow procedures for issuing a decision to dispose of property if it is partially damaged or lost; the state agency assigned to manage and use property is responsible for determining the causes and responsibilities for the loss or damage of public property and handling them as follows:

a) If the property is usable or repairable, on the basis of the determined causes and responsibilities, the state agency assigned to manage and use the property shall adjust the original cost of fixed assets to be recorded according to the guidance of the Ministry of Finance.

b) If the public property that is partially destroyed or lost is unusable or irrepairable, the state agency assigned to manage and use the property shall follow procedures for liquidation of such property according to the provisions of Articles 28, 29, 30 and 31 hereof.”

26. Addition of Article 35a:

“Article 35a. Transfer of public property to local authorities for management and disposal

1. Office premises and other existing property in the office premises that are no longer used by state agencies assigned to manage and use such property shall be transferred to local authorities for management and disposal. Value of public property shall be paid in case of transfer of the property to local authorities for management and disposal.

2. Authority to decide on transfer of public property to local authorities for management and disposal:

a) Ministers and Heads of central authorities have the authority to decide on transfer of public property of state agencies under the management of central authorities to the People’s Committees of provinces and cities to which the property belongs for management and disposal.

b) The Province-level People’s Committees have the authority to decide on transfer of public property of state agencies under the management of local authorities which is located in the area of other local authorities to the People’s Committees of provinces and cities to which the property belongs for management and disposal.

c) The province-level People’s Committees have authority to transfer public property of state agencies under the management of local authorities to relevant local authorities (relevant authorities of the province-level People’s Committees, land bank development organizations, relevant authorities of the district-level People’s Committees) for management and disposal.

3. Procedures for deciding on transfer of public property to a local authority for management or disposal:

a) The state agency having the property shall submit an application for transferring the public property to the local authority for management or disposal to the superior regulatory agency (if any) to consider and request the competent agency or person specified in clause 2 of this Article for consideration and decision.

The application for transferring the public property to the local authority for management or disposal includes:

a1) The written request for transfer of the public property to the local authority for management or disposal made by the state agency assigned to manage and use the property: 01 original;

a2) The written request for transfer of the public property to the local authority for management or disposal made by the superior regulatory agency (if any): 01 original;

a3) The list of property proposed to be transferred to the local authority for management or disposal (type, quantity, area; condition; original cost, residual value according to the accounting book; reasons for transfer): 01 original;

a4) Other documents related to the request for transfer of the public property to the local authority for management or disposal (if any): 01 copy.

b) For the cases specified in point a and point b clause 2 of this Article:

b1) Within 30 days from the date of receipt of a valid application, the competent agency or person specified in point a or point b clause 2 of this Article shall send an enquiry form to the People’s Committee of the province-level division to which the property belongs or a written response in case the request for transfer is inappropriate;

b2) Within 30 days from the date of receipt of the enquiry form from the competent agency or person specified in point a or point b clause 2 of this Article, the People’s Committee of the province-level division to which the property belongs shall have written comments about the transfer of the property to the local authority for management or disposal;

b3) Within 15 days from the date of receipt of the written agreement about receipt from the People’s Committee of the province-level division to which the property belongs or after 30 days from the date on which the enquiry form is sent but the People’s Committee of the province-level division to which the property belongs does not have comments, the competent agency or person specified in point a or point b clause 2 of this Article shall issue a decision to transfer the property to the local authority for management or disposal; The People’s Committee of the province-level division to which the property belongs shall take responsibilities in case of no comment within the prescribed term;

b4) Within 5 days from the date of receipt of a written disagreement about receipt from the People’s Committee of the province-level division to which the property belongs, the competent agency or person specified in point a or point b clause 2 of this Article shall direct the state agency assigned to manage and use the property to propose a disposal plan in accordance with the provisions of the Law on Management and Use of Public Property and this Decree.

c) For the case specified in point c clause 2 of this Article, within 30 days from the date of receipt of a valid application, the competent agency or person specified in point c clause 2 of this Article shall consider and decide on transfer of the property to the local authority for management or disposal or issue a written response in case the request for transfer is inappropriate.

d) Main contents of the decision to transfer the property to the local authority for management or disposal include:

d1) The State agency having the property to be transferred;

d2) The list of property to be transferred (type, quantity, area; condition; original cost, residual value according to accounting books; reasons for the transfer);

d3) The agency receiving the property to be transferred: The Province-level People’s Committee (in case of transfer of a state agency’s property under the management of a central authority, a state agency’s property under the management of a local authority located in the area of another local authority); relevant authority of the local authority (in case of transfer of a state agency's property under the management of a local authority);

d4) Responsibilities for organizing implementation.

dd) Within 15 days from the day on which the decision on transfer is issued (for the case specified in point a or point b clause 2 of this Article), the province-level People’s Committee shall issue a document on assigning the relevant agency of the local authority to receive the property.

e) Within 30 days from the day on which the decision on transfer is issued by the competent agency or person (for the case specified in point c clause 2 of this Article) or from the day on which the document on assignment is issued by the province-level People’s Committee (for the case specified in point a or point b clause 2 of this Article), the state agency assigned to manage and use public property shall cooperate with the relevant authority of the local authority (according to the decision on transfer or document on assignment of the province-level People’s Committee) in handing over or receiving the property; record the property as a decrease in assets or transferred property value in the accounting book. The handover or receipt of the property shall be recorded using the Form 01/TSC-BBGN enclosed herewith.

g) After receiving, the agency receiving the transferred property shall, based on the application of each specific case, consult or request the relevant agency to give advices and report the competent agency or person for disposal in accordance with the provisions of law as follows:

g1) In case the property is allocated or transferred to an agency, organization or unit for management and use, laws on management and use of public property shall be applied;

g2) In case the property is allocated to a local organization licensed for housing management and trade to manage and operate, the Government's regulations on management, use and operation of buildings and land that are public property used for non-residential purposes and allocated to the local organizations licensed for housing management and trade to manage and operate shall be applied.

g3) In case the property is disposed according to policies on housing and homestead land, housing laws and other relevant laws shall be applied;

g4) In case the property is allocated or leased, land laws and other relevant laws shall be applied;

g5) In case the property is allocated to a land bank development organization, land laws shall be applied.

A financial authority is responsible for consulting the People’s Committee at the same level in case the property is disposed according to the provisions of point g1 or g2 of this clause. A construction authority is responsible for consulting the People’s Committee at the same level in case the property is disposed according to the provisions of point g3 of this clause. A natural resources and environment authority is responsible for consulting the People’s Committee at the same level in case the property is disposed according to the provisions of point g4 or g5 of this clause.

h) The agency receiving the transferred property shall open a separate logbook or accounts for the property received through transfer from the time of receipt to the time of completion of the property disposal.”

27. Addition of Article 35b:

“Article 35b. Disposal of public property in case of merger, consolidation, division or dissolution

1. A state agency subject to merger, consolidation, separation, or dissolution is responsible for inventorying and classifying property under the agency's management and use; and disposing the property discovered in surplus/missing through inventory according to the provisions of law. For property that does not belong to the agency (property held on behalf of the agency, property borrowed or leased from other organizations or individuals, etc.), the state agency shall dispose it according to relevant laws.

2. In case of merger or consolidation, the new legal entity formed after merger or consolidation is entitled to inherit the right to manage and use the property of the agency being merged or consolidated. After completing the merger or consolidation, the new legal entity shall arrange the use of the property according to the standards and usage of public property issued by the competent agency or person; if the property is in surplus or is subject to disposal in accordance with the Law on Management and Use of Public Property and this Decree, the new legal entity shall prepare and submit an application and send a report to the competent agency or person for consideration and decision on disposal. For property of which the disposal has been decided by the competent agency or person before merger or consolidation but not yet completed by the time of merger or consolidation, the new legal entity is responsible for continuing to implement unfinished contents.

3. In case of division, the state agency subject to the division shall prepare a plan for dividing existing property and assigning responsibilities for disposing property that is undergoing disposal to the new juridical persons formed after division, and report to the agency or person competent to decide on division; approve when the division decision is issued. After completing the division, the new legal entities shall arrange the use of the property according to the standards and usage of public property issued by the competent agency or person and complete the disposal of the property that is being disposed according to the assigned responsibilities; if the property is in surplus or is subject to disposal in accordance with the Law on Management and Use of Public Property and this Decree, the new legal entities shall prepare and submit an application and send a report to the competent agency or person for consideration and decision on disposal.

4. In case of dissolution, after a dissolution decision is issued by a competent agency or person, the dissolved state agency is responsible for handing over property to the superior regulatory agency. The superior regulatory agency shall, pursuant to the Law on Management and Use of Public Property and this Decree, prepare and submit an application to the competent agency or person for consideration and decision on disposal, and organize the property disposal. For property of which the disposal has been decided by the competent agency or person before dissolution but not yet completed by the time of dissolution, the superior regulatory agency is responsible for continuing to implement unfinished contents.”

28. Addition of Article 35c:

“Article 35c. Disposal of public property that is weapons, explosives, combat gears, cryptographic products of the cipher industry equipped for state agencies

1. Public property that is weapons, explosives, combat gears shall be disposed as follows: repossession, liquidation, destruction, transfer, and disposal in case of loss or destruction. The repossession of weapons, military explosives, and combat gears and the liquidation and destruction of weapons, explosives, and combat gears shall comply with laws on management and use of weapons, explosives and combat gears. The transfer and handling of property in case of loss or destruction and other forms of disposal of weapons, explosives and combat gears shall comply with the provisions of the Law on Management and Use of Public Property and this Decree.

2. The disposal of public property that is cryptographic products of the cipher industry equipped for state agencies shall comply with laws on ciphers."

29. Amendments to Clauses 1, 4, 6, 8, 9, 10 and 12 of Article 36:

“Article 36. Management and use of proceeds from disposal of public property at state agencies

1. The entire proceeds from disposal of public property at a state agency (except for annual land rent collected from the sale of the office premises) shall be transferred to the escrow account at the State Treasury held by an agency assigned to manage public property that is:

a) The agency assigned to manage public property specified in Clause 2, Article 19 of the Law on Management and Use of Public Property which will manage proceeds from the disposal of the public property of the state agency under the management of a ministry or central authority.

b) The Department of Finance which will manage the proceeds from the disposal of the public property decided by the competent agency or person of a province-level division.

c) The Finance - Planning Division of a district-level division which will manage the proceeds from the disposal of the public property decided by the competent agency or person of a district-level/commune-level division.

4. Costs related to the disposal of public property include:

a) Cost of property inventory.

b) Costs of measuring and drawing buildings and land.

c) Costs of property price determination and price appraisal.

d) Expenses for relocation, demolition, or destruction of the property.

dd) Remunerations and expenses related to property auctions.

c) Costs of listing, announcement, guest reception and selection of the eligible buyer in case the property is offered at fixed prices.

g) Other reasonable costs related to the disposal of the public property.

6. Within 30 days from the day on which the proceeds are transferred to the escrow, the agency assigned to organize property sale or liquidation shall submit an application for payment to the holder of escrow account who will pay property disposal costs or submit a written request for payment deferral (clearly stating the reason for the request and the deferral period (within 30 days from the day on which the written request for payment deferral is issued) or have a written confirmation of no costs incurred. The head of the agency assigned to organize property sale or liquidation is responsible to the law for the delay in submission of the application, and documents and for the accuracy of the proposed payment.

The application for payment includes:

a) A written request for payment made by the agency assigned to organize property disposal (specifying the proceeds from the property disposal, total cost of property disposal, information on the beneficiary’s account) enclosed with a detailed list of expenses: 01 original.

b) The property disposal decision made by the competent agency or person: 01 copy.

c) Documents and papers proving the expenses such as: Approved expenditure estimate; Contract for services including price appraisal, auctioneering, or demolition; invoice, payment slip (if any): 01 copy.

8. Quarterly, the holder of the escrow account shall transfer the proceeds from the disposal of property of the state agency under the management of a central authority to the central government budget and the proceeds from the disposal of property of the state agency under the management of a local authority to the local government budget according to the provisions of law on state budget provided that:

a) All costs/expenses have been paid or the written confirmation of no costs incurred made by the agency assigned to organize property sale or liquidation.

b) The deadline for transfer to the escrow account expires but the holder of the escrow account does not receive any application for payment of costs/expenses or written request for payment deferral or written confirmation of no costs incurred from the agency assigned to organize property sale or liquidation.

9. In case a state agency is authorized by a competent agency or person to dispose of public property to purchase replacement property according to standards and norms, the state agency shall be given priority over allocation to the state budget expenditure estimates for implementation by the competent agency or person.

In case a state agency is authorized by a competent agency or person to dispose of public property that is office premises and there is an investment project to build, purchase, renovate, or upgrade the office premises, the competent agency or person as prescribed by public investment laws and state budget laws will prioritize capital allocation in public investment plans and state budget expenditure estimates for implementation.

10. In case no revenue is derived from property disposal or proceeds from property disposal are not enough to cover costs, the remaining balance will be spent from the state budget estimate (including additional allocation) allocated to the agency assigned to organize the sale or liquidation of property or from the permissible sources of funding of the agency.

12. In cases outsourcing costs must be paid when disposing of property according to regulations before the holder of an escrow account grants funds, it is allowed to advance from the permissible source of funding of the agency assigned to dispose of property to pay for the outsourcing costs.”

30. Amendments to Article 37:

“Article 37. Purchase of public property at public service providers

1. Authority and procedures for deciding on purchase of public property at public service providers under a purchase project shall comply with other relevant laws.

2. Authority to decide on purchase of public property in the case other than that specified in clause 1 of this Article shall be provided as follows:

a) Ministers and Heads of central authorities shall stipulate authority to decide on purchase of public property serving operations of public service providers under the management of Ministries and central authorities, except for the case specified in point c1 of this clause.

b) The province-level People's Councils shall stipulate authority to decide on purchase of public property serving operations of public service providers under the management of provincial authorities, except for the case specified in point c1 of this clause.

c) Heads of public service providers shall cover their own regular expenditures and investment expenditures, and public service providers covering their own regular expenditures shall decide on purchase of:

c1) Property serving operations of public service providers (except for public service facilities and automobiles).

c2) Property that is public service facilities or automobiles under their authority stipulated by the Ministers and Heads of central authorities and the province-level People's Councils.

3. On the basis of the estimates of allocated budget and permissible sources of funding, public service providers shall organize purchase of property according to bidding laws.

The centralized procurement of property shall comply with the provisions of bidding law and the provisions of Chapter VI hereof."

31. Addition of Article 37b:

“Article 37a. Procurement, management and use of public property that is consumables serving public service providers’ operations

1. The procurement, management and use of public property that is consumables serving public service providers’ operations shall comply with the provisions of Article 3a hereof. The authority to decide on purchase of consumables shall comply with the provisions of clause 2 of this Article.

2. Authority to decide on procurement of consumables:

a) Ministers and Heads of central authorities shall stipulate authority to decide on purchase of consumables serving operations of public service providers under the management of Ministries and central authorities, except for the case specified in point c of this clause.

b) The province-level People's Councils shall stipulate authority to decide on purchase of consumables serving operations of public service providers under the management of provincial authorities, except for the case specified in point c of this clause.

c) Heads of public service providers shall cover their own regular expenditures and investment expenditures, and public service providers covering their own regular expenditures shall decide on purchase of consumables serving public service providers’ operations.”

32. Amendments to Article 38:

Article 38. Hiring property serving public service providers’ operations

1. Authority to decide on hiring property serving public service providers’ operations:

a) Ministers and Heads of central authorities shall stipulate authority to decide on hiring property serving operations of public service providers under the management of Ministries and central authorities, except for the case specified in point c of this clause.

b) The province-level People's Councils shall stipulate authority to decide on hiring property serving operations of public service providers under the management of provincial authorities, except for the case specified in point c of this clause.

c) Heads of public service providers shall cover their own regular expenditures and investment expenditures, and public service providers covering their own regular expenditures shall decide on hiring property serving public service providers’ operations.

2. On the basis of the estimates of allocated budget and permissible sources of funding, public service providers shall organize hire of property serving public service providers’ operations according to bidding laws.”

33. Addition of Article 38a:

“Article 38a. Allocation of property serving public service providers’ operations

The allocation of property serving public service providers’ operations shall comply with the provisions of Article 4a hereof.”

34. Amendments to Article 40:

“Article 40. Use of public property at public service providers for participating in PPP investment projects

1. The use of public property at public service providers for participating in PPP investment projects is applicable to investment projects to build public works of public service providers in PPP investment fields as prescribed in the Law on PPP Investment.

2. Authority to decide on use of public property for participating in PPP investment projects shall be as follows:

a) The Prime Minister shall decide on use of public property whose original cost according to accounting books is at least 500 billion VND under the management of central authorities for participating in PPP investment projects at the request of relevant Ministers and Heads of central authorities;

b) Ministers and Heads of central authorities shall decide on use of public property whose original cost according to accounting books is less than 500 billion VND under the management of ministries and central authorities for participating in PPP investment projects.

The determination of LUR value in the original cost of property for determination of authority specified in point a or point b of this clause shall comply with the provisions of Chapter XI of this Decree;

c) Chairpersons of the province-level People’s Committees shall decide on use of public property under the management of province-level authorities for participating in PPP investment projects.

3. A public service provider having public property shall prepare an application for using the existing public property to participate in a PPP investment project and submit it to the superior regulatory agency (if any) to consider and request the competent agency or person specified in clause 2 of this Article for consideration and decision.

The application for using the existing public property to participate in the PPP investment project includes:

a) A written request from the state agency assigned to manage and use the property (specifying the necessity, deadline, feasibility, and plan for using the public property to participate in the PPP investment project): 01 original;

b) A written request made by the superior regulatory agency (if any): 01 original;

c) The list of property (type, quantity, area; condition; original cost, residual value according to accounting books): 01 original;

d) Other relevant documents (if any). 01 copy.

4. Within 30 days from the date of receipt of a valid application, the competent agency or person specified in clause 2 of this Article shall issue a decision to use the existing public property to participate in the PPP investment project or prepare a written response in case the request for using the existing public property to participate in the PPP investment project is inappropriate.

Main contents of the decision include:

a) The unit holding the public property to be used to participate in the PPP investment project;

b) The list of property (type, quantity, area, original cost, residual value);

c) Responsibilities for organizing implementation.

5. The selection of investor executing a PPP investment project shall comply with PPP investment laws. On the basis of the PPP investment project approved by a competent agency or person and signed contract, the public service provider holding the public property shall hand over the property to the investor executing the project. The handover of shall be recorded using the Form No. 01/TSC-BBGN enclosed herewith.

In case it is necessary to demolish the office building and other works and property affixed to land belonging to a public service facility to execute a PPP investment project, the investor shall organize demolition. Supplies and materials repossessed from the property demolition shall be disposed according to the project's contract. In case the repossessed supplies and materials belong to the state agency holding the property, the disposal shall comply with the provisions of point a clause 2 Article 45 of the Law on Management and Use of Public Property and Article 31 hereof.

6. The regime for reporting execution of PPP investment projects; transferring public service facilities financed under the public - private partnership agreement to the State shall comply with the provisions of Article 15 and Article 16 of this Decree.”

35. Addition of Article 41a:

“Article 41a. Management and use of public property at public service providers

1. Any public service provider using public property to directly serve the performance of functions and tasks of the provider according to the provisions of Article 41b of this Decree is not required to prepare a scheme for using the public property for business, lease, joint venture or association purposes according to the provisions of Article 44 hereof and is not required to report to the agency or person competent to decide on property operation as prescribed in Article 41c of this Decree. The hiring of a unit in charge of management and operation of the property used to serve the performance of the provider's functions and tasks shall comply with the provisions of Article 41 of this Decree.

2. Any public service provider using public property to serve auxiliary activities or direct assistance for the performance of functions and tasks of the provider according to the provisions of Article 41b of this Decree is responsible for preparing an application, and reporting to the agency or person competent to decide on property operation as prescribed in Article 44c of this Decree to form the basis for implementation; is not required to prepare a scheme for using the public property for business, lease, joint venture or association purposes according to the provisions of Article 41 hereof.

3. In case public property directly serving the performance of functions and tasks of a public service provider which applies for using the property to provide services to subjects other than those eligible for public services of the provider and fall into the cases specified in Clause 1, Article 56, Clause 1, Article 57, Clause 1, Article 58 of the Law on Management and Use of Public Property, it is determined that the public property is used for business, lease, joint venture or association purposes and it must comply with the provisions referred to in Articles 55, 56, 57 and 58 of the Law on Management and Use of Public Property and Articles 42, 43, 44, 45, 46 and 47 of this Decree.

Where the provider uses property serving auxiliary activities or direct assistance for the performance of functions and tasks of the provider to provide services to both subjects eligible for public services of the provider and subjects ineligible for public services of the provider or to only subjects ineligible for public services of the provider, it is determined that the public property is used for business, lease, joint venture or association purposes and it must comply with the provisions referred to in Articles 55, 56, 57 and 58 of the Law on Management and Use of Public Property and Articles 42, 43, 44, 45, 46 and 47 of this Decree.”

36. Addition of Article 41b:

“Article 41b. Use of public property at public service providers for performing functions and tasks assigned by the State

Public property allocated, financed or purchased by the State that is used to perform a public service provider’s functions or tasks assigned by the State is property directly serving the performance of the provider's functions or tasks and property serving auxiliary activities or direct assistance for the performance of the provider’s functions or tasks. To be specific:

1. Regarding a public service provider in the health sector:

a) Property directly serving the performance of the provider’s functions or tasks, including: disease prevention, medical examination and treatment, scientific research, training in the health sector and other activities provided to subjects eligible for public services of the provider according to regulations on the provider’s functions and tasks issued by a competent agency or person. Examination and treatment on request and high-quality medical examination and treatment serving the assigned functions or tasks and provided by the provider are considered as the performance of the provider’s functions or tasks.

b) Property serving auxiliary activities or direct assistance the performance of the provider’s functions or tasks, including: provision of food and beverage, convenience store, and c and visitors coming for carrying out transactions and works; introduction, display, sales and supply of products in the health sector; provision of laundry, disinfection, and cleaning services for officials, public employees, employees of the provider, patients, and patients' families; accommodation services for patients' families; medical waste treatment services; funeral home services; patient transportation services; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

2. Regarding a public service provider in the field of education - training and vocational training:

a) Property directly serving the provider’s functions or tasks, including: teaching, learning, practice, scientific research and other activities provided to subjects eligible for public services of the provider according to regulations on the provider’s functions and tasks issued by a competent agency or person. In case the provider cooperates with other organizations and individuals to teach and train students of the provider according to assigned functions or tasks, it is considered as the performance of the provider’s functions or tasks.

b) Property serving auxiliary activities directly serving the performance of the provider’s functions or tasks, including: provision of food and beverage, convenience store, and parking services for officials, public employees, employees, pupils, students of the provider, and visitors coming for carrying out transactions and works; introduction, display, sales of textbooks, reference materials, books, newspapers, publications, and school equipment and supplies serving the learning and research of teachers, and students; facilities serving practical activities and physical activities for teachers, and students; boarding houses for students; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

3. Regarding a public service provider in the field of culture, sports and tourism:

a) Property directly serving the provider’s functions or tasks, including: training, practice, sports competitions, performing arts, tourism, cinema and other activities provided to subjects eligible for public services of the provider according to the regulations on provider’s functions and tasks issued by a competent agency or person.

b) Property serving auxiliary activities or direct assistance for the performance of the provider’s functions or tasks, including: provision of food and beverage, and parking services for officials, public employees, employees of the provider, visitors coming for carrying out transactions and works, visitors, participants in cultural, sports and tourism activities; trading in cultural, sports and tourism products and services according to the provider's functions or tasks approved by a competent agency or person; facilities serving the introduction and promotion of culture, sports and tourism; boarding houses for actors and athletes; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

4. Regarding a public service provider in the field of information, communication and journalism:

a) Property directly serving the provider’s functions or tasks, including: production, publishing and distribution of information publications, newspapers, magazines, radio and television programs and other activities for subjects eligible for public serviced of the provider according to regulations on the provider’s functions or tasks issued by a competent agency or person.

b) Property serving auxiliary activities or direct assistance for the performance of the provider’s functions or tasks, including: advertisement; the right to view journalistic products, exchange, buy and sell content copyright; business and service activities in the field of information, communication and journalism; provision of food and beverage, and parking services for officials, public employees, employees of the provider, and visitors coming for carrying out transactions and works; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

5. Regarding a public service provider in the field of science and technology:

a) Property directly serving the provider’s functions or tasks, including: training, technological and scientific research, trial production and other activities for subjects eligible for public services of the provider according to regulations on the provider’s functions and tasks issued by a competent agency or person.

b) Property serving auxiliary activities or direct assistance for the performance of the provider’s functions or tasks, including: The provision of food and beverage, and parking services for officials, public employees, employees of the provider, visitors coming for carrying out transactions and works, guests coming for attending conferences, seminars, exhibitions, fairs; introduction, display, sales and supply of scientific and technological products that are the research results and products of the provider, and scientific and technological products directly related to the research field of the provider; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

6. Regarding a public economic service provider or another public service provider:

a) Property directly serving the performance of functions and tasks of the provider is public property used to provide public services for subjects eligible for public services of the provider according to regulations of functions and tasks of the provider promulgated by competent agencies or persons.

b) Property serving auxiliary activities or direct assistance for the performance of the provider’s functions or tasks, including: Provision of services of food and beverage, and parking services for officials, public employees, employees of the provider; visitors coming for carrying out transactions and work; locations of installation of automatic teller machines, vending machines, installation and construction of telecommunications works; locations of installation of LED screens and panels for information and propaganda purposes.

7. In addition to the property specified in Clauses 1, 2, 3, 4, 5 and 6 of this Article, based on state management requirements, relevant Ministers shall stipulate property used to perform functions and tasks assigned by the State of public service providers in their fields.

8. Determining which field a public service provider belongs to in order to apply the provisions in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article shall comply with the provisions of law on public service providers.”

37. Addition of Article 41c:

“Article 41c. Operation of public property at public service providers

1. The list of public property at a public service provider to be operated:

a) Official residences;

b) Intellectual property rights, application software copyright.

c) Database.

d) Property serving auxiliary activities serving the performance of the provider’s functions and tasks specified in Article 41b of this Decree.

dd) Property that is historical-cultural monuments or historical relics affixed to land for construction of public work; traditional rooms of the provider.

e) Other property operated in accordance with relevant laws.

2. The operation of public property at a public service provider must ensure the following principles:

a) Do not affect the performance of the provider's functions and tasks.

b) Do not violate the prohibitions of the law.

c) Ensure openness and transparency; comply with the provisions of this Decree and the provisions of relevant laws.

d) Do not change the structure, architecture, or status quo of public property (except for additional investment is made for increase of the use value of the property; the value of the property provides as an additional investment belongs to the provider having the property after ending the operation period); do not lose the provider’ LURs or ownership of public property.

3. The operation of property specified in Points a, b and c, Clause 1 of this Article shall comply with the provisions of housing law, intellectual property law and other relevant laws.

4. The operation of property serving auxiliary activities serving the performance of the provider’s functions and tasks specified in Article 41b of this Decree shall be carried out as follows:

a) Forms of operation:

a1) The public service provider shall manage and use their own public property to provide services for auxiliary activities and direct assistance for the performance of the provider's functions and tasks.

Service prices shall comply with the State regulations (for services whose prices are determined by the State according to the law on prices) or shall be decided by the Head of the public service provider according to regulations on determination of prices of public services that are not covered by the state budget (for services whose prices are not determined by the State in accordance with the law on prices).

a2) Other organizations and individuals are allowed to exercise the right to use public property to provide services for auxiliary activities directly serving the performance of the provider's functions and tasks.

The other organizations and individuals to exercise the right to operate public property shall be selected according to forms of contractor selection as prescribed by law on bidding or according to forms of auction as prescribed by law on property auction; the organization of bidding or auction shall be decided by the Head of the provider having the property. Prices for other organizations and individuals to exercise the right to operate shall be hammer prices; starting price in case of auction, contract package value in case of bidding shall be determined according to the regulations on determining contract package value according to the provisions of law on bidding; the head of the public service provider shall decide the starting price and contract package value. Organization and individuals exercising the right to operate are allowed to collect service prices at the rates prescribed by the State (for services whose prices are determined by the State according to the law on prices) or to decide a collective amount that ensures adequate cost recovery and reasonable accumulation (for services whose price are not determined by the State in accordance with the law on prices).

a3) Other organizations and individuals are allowed to use locations at a public service facility to install automatic teller machines, vending machines, install and construct telecommunications works, install LED screens, panels serving information, propaganda and advertising in accordance with the provisions of law.

Allowing other organizations and individuals to use locations at the public service facility to install automatic teller machines, install and construct telecommunications works must be under direct agreement with the organizations and individuals applying for the use. The public service provider shall prepare plans for other organizations and individuals to use locations at the public service facility to install automatic teller machines, install and construct telecommunications works and send them to the applicants; Based on the applications of the applicants, the public service provider will negotiate contracts for using the locations to install automatic teller machines, install and construct telecommunications works and sign the contracts as a basis for implementation. Prices for other organizations and individuals to use locations at the public service facility are the prices negotiated with the applicants and recorded in the Contracts.

The selection of organizations and individuals to use locations at the public service facility to install vending machines, LED screens, panels serving information provision, propaganda and advertising shall comply with the provisions of Point a2 of this clause.

b) Authority to decide operation:

b1) Ministers and Heads of central authorities shall stipulate authority to decide on operation of public property at the public service provider under the management of Ministries and central authorities, except for the case specified in point b3 of this clause.

b2) The province-level People's Councils shall stipulate authority to decide on operation of public property at the public service provider under the management of provincial authorities, except for the case specified in point b3 of this clause;

b3) The head of the public service provider shall cover their own regular expenditures and investment expenditures, and the public service provider covering their own regular expenditures shall decide on operation of public property at the provider.

c) Procedures for operation of public property:

c1) The public service provider assigned to manage and use public property shall prepare an application for operation of public property, report to the superior regulatory authority (if any) which will report to a competent agency or person prescribed in point b of this clause for consideration and decision on the operation of public property. The application for operation includes:

Written request for operation of public property of the public service provider (clearly stating the necessity; list of property to be operated (type, quantity, area, original cost, residual value); form of operation; operation period; expected proceeds (if any)): 01 original;

Other documents related to the proposed property: 01 copy.

c2) Within 30 days from the day on which the application for property operation prepared by the provider is received, the competent agency or person shall consider and decide on operation of public property or prepare a written response in case of disagreement on the property operation.

c3) Main contents of the decision on operation of public property include:

The name of the public service provider having property to be operated;

The list of the property to be operated (type, quantity, area, original cost, residual value; form of operation; operation period);

Responsibilities for organizing implementation.

d) The public service provider shall issue sales invoices to organizations and individuals in accordance with the law on invoices and documents.

dd) Proceeds from operation of public property, after reducing related expenses and fulfilling financial obligations to the State, the remaining amount is the proceeds from the public service provider that are managed and used according to the provisions of the Government on financial autonomy mechanism of the public service provider.

5. The operation of property that is historical-cultural monuments or historical relics affixed to land for construction of public work or traditional rooms of the provider shall be carried out as follows:

a) Forms of operation:

a1) The public service provider allows organizations and individuals to visit relics and traditional rooms; the public service provider can collect sightseeing fees in accordance with the law on fees and charges. The management and use of the collected fees shall comply with the provisions of law on fees and charges;

a2) The public service provider uses locations at monuments to sell souvenirs and display products. The use of locations at monuments to sell souvenirs, and display products shall comply with the provisions of point a1 clause 4 of this Article; the management and use of proceeds shall comply with the provisions of Point dd, Clause 4 of this Article.

b) Authority and procedures for proposing to authorities competent to decide operation shall comply with the provisions of point b and point c clause 4 of this Article.”

38. Amendments to Article 42:

“Article 42. Management and use of property affixed to land and value of rights to use land at public service providers for business, lease, joint venture, and association purposes

1. The use of property affixed to land and value of rights to use land at public service providers for business, lease, joint venture, and association purposes must fall into the cases specified in Clause 1, Article 56, Clause 1 of this Article 57, Clause 1 Article 58 of the Law on Management and Use of Public Property. The use of land use rights for business, rental, joint venture and association purposes is only implemented in the cases specified in Clause 2 of this Article.

2. In case the public service provider is leased out land by the State under one-off arrangement, or receives LURs by conveyance in accordance with land laws but the land rent paid or the payment for LURs received by conveyance that is not covered by the state budget is certified by the Minister or Head of a central authority or the Chairperson of the Province-level People’s Committee, the public service provider is allowed to use rights to use land and property affixed to land for business, lease, joint venture and association purposes as prescribed by the Law on Management and Use of Public Property and this Decree. In case LUR value is used to contribute capital, requirements prescribed by land laws must also be met.

The land rent paid and the payment for LURs received by conveyance shall be considered as the amount of money covered by the state budget in the following cases:

a) The State provides a grant from the state budget to pay the land rent or pay for the LURs received by conveyance.

b) The public service provider uses the public service development fund to pay the land rent or pay for the LURs received by conveyance.

c) The public service provider is leased out land by the State under one-off arrangement and exempted from land rent for the entire land lease period.

d) In case the public service provider uses another source to pay the land rent or pay for the LURs received by conveyance but then uses the sources specified in point a, point b of this clause to refund.”

39. Addition of Clause 5 of Article 43:

“Article 43. Requirements when using public property for business, lease, joint venture and association purposes

5. Calculate full depreciation of fixed assets, fully fulfill obligations regarding taxes, fees, charges and other financial obligations to the State according to the provisions of law, including:

a) Depreciation costs of fixed assets for public property directly used for business, lease, joint venture and association purposes according to regulations of the Ministry of Finance on regimes for accounting and depreciation of fixed assets at agencies, organizations and units.

b) Obligations to transfer an amount of at least 2% of the public service provider's revenue earned from business, lease, joint venture, or association activities (in addition to taxes, fees, charges and other revenues as prescribed in point c of this clause) to the state budget; The specific amount to be transferred is determined according to the Scheme for using public property for business, lease, joint venture, or association purposes approved by a competent agency or person. The following entities shall not be required to pay the amount specified in this point:

Public service provider operating in the field of culture, health, education and training, physical education, sports, science and technology, or environment;

Public service provider paying land rent according to the provisions of land law.

c) Taxes, fees, charges and other revenues as prescribed by law. The public service provider is not required to pay land rent when using the property affixed to land for business, lease, joint venture or association purposes; except in cases where the public service provider is subject to land lease according to the provisions of land law and must pay land rent to the State."

40. Amendments to Clause 3 and Clause 4, addition of Clause 5, Clause 6 and clause 7 Article 44:

“Article 44. Scheme for using public property at public service providers for business, lease, joint venture and association purposes

3. For a scheme for using public property for business or lease purposes:

a) The public service provider is responsible for preparing the scheme, reporting to the superior regulatory agency (if any) to consider and have comments on the scheme and send then for consulting with the agency assigned to manage the public property prescribed in Clause 2, Article 19 of the Law on Management and Use of Public Property (If the provider is under the management of a central authority), Department of Finance (if the provider is under the management of a provincial authority), Department of Finance (if the provider is under the management of a provincial authority), district-level Division of Finance - Planning (if the provider is under the management of a district-level authority). The application submitted to consult with the agency assigned to manage the public property includes:

Consultation document of the public service provider: 01 original;

The scheme for using the public property for joint venture or association purposes of the provider: 01 original;

Document specifying the provider’s functions and tasks and organizational structure of a competent agency or person: 01 copy.

Other relevant dossiers (if any). 01 copy.

b) Within 30 days from the date of receiving the scheme, the agency assigned to manage the public property specified in clause 2 Article 19 of the Law on Management and Use of Public Property, Department of Finance and the district-level Division of Finance - Planning shall consider and have comments on: the necessity; the conformity of the scheme with the provider’s functions and tasks, provisions of law on management and use of public property (in case of application, authority to approve, order and completeness of the application for approval for the scheme); contents of the scheme need to be revised and completed.

c) Within 30 days from the date of receiving comments from the agency specified in point b of this clause, the public service provider shall research and receive comments for revising and completing the scheme, and report to the superior regulatory agency (if any) which will propose to the competent agency or persons specified in clause 2 Article 56, clause 2 Article 57 of the Law on Management and Use of Public Property.

d) Within 30 days from the date of receiving the completed scheme of the provider, the competent agency or person specified in clause 2 Article 56 or clause 2 Article 57 of the Law on Management and Use of Public Property shall decide on approval for the scheme according to its authority or prepare a written response to the disagreement with the scheme.

4. For a scheme for using public property for joint venture or association purposes:

a) The public service provider is responsible for preparing the scheme, reporting to the superior regulatory agency (if any) to consider and have comments on the scheme and send then for consulting with the agency assigned to manage the public property prescribed in Clause 2, Article 19 of the Law on Management and Use of Public Property (If the provider is under the management of a central authority), Department of Finance (if the provider is under the management of a local authority).

b) Within 30 days from the date of receiving the scheme for using public property for joint venture or association purposes, the agency assigned to manage the public property specified in clause 2 Article 19 of the Law on Management and Use of Public Property shall consider and have comments on the scheme for using the public property for joint venture or association purposes of the public service provider (in case the provider is under the management of a central authority) in order to request the provider to complete the scheme or report to a ministry or central authority for consulting with the Ministry of Finance in case of agreement on the scheme; the Department of Finance shall consider and have comments on the scheme for using the public property for joint venture or association purposes of the public service provider (in case the provider is under the management of a local authority) in order to request the provider to complete the scheme or report to the Chairperson of the province-level People’s Committee to consult with the Standing Committee of the People's Council at the same level in case of agreement with the scheme. Contents of comments: the validity of the application; the necessity; the conformity of the scheme with the provider’s functions and tasks, provisions of law on management and use of public property (in case of application, authority to approve, order and completeness of the application for approval for the scheme); contents of the scheme need to be revised and completed.

In case it is necessary to revise and complete the scheme, the public service provider shall revise and complete it to report it to the superior regulatory agency (if any) which will consider and have comments on the scheme and send the scheme to the agency assigned to manage the public property as prescribed in point a or point b of this clause.

c) The application submitted to consult with the Ministry of Finance or the Standing Committee of the province-level People's Council includes:

The written request enclosed with the comments of the ministry, central authority or chairperson of the province-level People’s Committee on the scheme for using the public property for joint venture or association purposes of the provider: 01 original;

The written comment of the agency assigned to manage the public property specified in clause 2 Article 19 of the Law on Management and Use of Public Property or the Department of Finance: 01 copy.

The scheme for using the public property for joint venture or association purposes of the provider: 01 copy.

Document specifying the provider’s functions and tasks and organizational structure of a competent agency or person: 01 copy.

Other relevant dossiers (if any). 01 copy.

d) Within 30 days from the date of receiving a valid application, the Ministry of Finance or the Standing Committee of the province-level People's Council shall have comments on: the validity of the application; the necessity; the conformity of the scheme with the provider’s functions and tasks, provisions of law on management and use of public property and relevant laws (in case of application, authority to approve, order and completeness of the application for approval for the scheme); contents of the scheme need to be revised and completed.

dd) The Minister or Head of the central authority (in case the provider is under the management of the central authority), Chairperson of the province-level People’s Committee (in case the provider is under the management of the local authority) shall direct the provider preparing the scheme to research and receive comments for revising, completing the scheme, and reporting it to the superior regulatory agency (if any) which will submit the scheme to the Minister or Head of the central authority (in case the provider is under the management of the central authority), or the Chairperson of the province-level People’s Committee (in case the provider is under the management of the local authority) within 30 working days from the date of receiving the written comment from the Ministry of Finance or the Standing Committee of the Province-level People's Council.

e) Within 30 days from the date of receiving the completed scheme of the provider, the Minister or Head of the central authority (in case the provider is under the management of the central authority), Chairperson of the province-level People’s Committee (in case the provider is under the management of the local authority) shall decide on approval for the scheme according to their authority or send a written response to the provider in case of disagreement on the sheme.

5. Main contents of the decision on approval for the scheme include:

a) The name of the public service provider that is allowed to use the property for business, lease, joint venture or association purposes.

b) The list of the property used for business, lease, joint venture or association purposes.

c) Time limit for carrying out the scheme.

d) Responsibilities for organizing implementation.

6. After the scheme for using public property for business, lease, joint venture or association purposes is approved by a competent agency or person and the public service provider generates other property to use for business, lease, joint venture or association purposes, the preparation, comment, submission and approval of the scheme for using such property for business, lease, joint venture or association purposes shall comply with the provisions of this Article.

7. In case public service providers have the same need to use public property for joint venture or association purposes in order to provide public services, the public service providers shall jointly establish a scheme for using public property for joint venture or association purposes. On that basis, the parties participating in the joint venture or association shall report to the competent agency or person for approval according to their authority and procedures specified in Clause 4 of this Article as the basis for implementation, and are not required to organize selection of joint venture or association partners as prescribed in Clause 3, Article 47 of this Decree.”

41. Amendments to Clauses 3, 4 and 5 of Article 46:

“Article 46. Use of public property at public service providers for lease purposes

3. The lease of public property at a public service provider shall be granted according to the following forms:

a) The public property shall be leased at auction, except for the cases specified in point b of this clause. The auction of rights to lease property shall comply with the provisions of clauses 3, 4, 5 and 6 Article 24 of this Decree and property auction laws.

The starting price for auction is decided by the head of the public service provider in accordance with the market rent of the same type of property. The head of the public service provider may establish a price appraisal council of the State according to the provisions of price law or hire a price appraisal enterprise to determine a price serving as a basis for deciding the starting price for auction of rights to lease property.

The use of price appraisal certificates and price appraisal reports shall comply with price laws.

b) Direct lease applies in case each term of lease of the property is under 30 days or the value of the lease contract is less than 50 million VND.

The head of the public service provider shall issue the direct rent and publicly post the property rent at the headquarters of the provider, website of the provider (if any), web portals of ministries, central authorities and local authorities, website on public property of the Ministry of Finance. The determination of the property rent shall comply with the provisions of point a of this clause.

4. The property rent shall be:

a) The hammer price in case the property is leased out at auction.

b) The rent posted or announced publicly in case the property is leased out directly.

5. The property must be leased (under a lease contract/lease) in accordance with law.

In case the lessee applies for additional investment to increase the use value of the property, the consent of the public service provider that holds the property must be obtained; the value of the property provided as an additional investment belongs to the public service provider that holds the property after the lease term expires, including cases where the lease contract terminates before the lease term expires.

In case the property is leased out for the first time for a term of less than 05 year, when the lease term expires but the lessee wishes to continue leasing such property, the public service provider shall reach an agreement with the lessee to renew the lease contract; the renewal period must not exceed the initial lease period and within the time limit for carrying out the scheme approved by the competent authority or person; the rent shall be decided by the head of the public service provider according to the provisions of Point a, Clause 3 of this Article at the time of contract renewal, but must not be lower than the initial rent.

42. Amendments to Clauses 2, 3 and 6, addition of Clause 6a of Article 47:

“Article 47. Use of public property at public service providers for joint venture and association purposes

2. On the basis of the scheme for using public property for joint venture or association purposes, the person competent to grant approval as prescribed in Article 44 of this Decree, and the head of the public service provider shall:

a) decide specifically on the use of public property for joint venture or association purposes.

b) decide on the establishment of a price appraisal council of the State according to price laws or hire a price appraisal enterprise to determine the value of the public property used for joint venture or association purposes. The use of price appraisal certificates and price appraisal reports shall comply with price laws.

c) organize selection of partners for the joint venture or association as prescribed in clause 3 of this Article.

3. Selection of partners for the joint venture or association:

a) After the decision to use the public property for joint venture or association purposes is made by a competent agency or person, the public service provider shall publicly announce the selection of partners for the joint venture or association on the website of such provider (if any), web portals of ministries, central and local authorities and website on public property of the Ministry of Finance. The public announcement on partner selection includes the following main contents:

Information of the provider holding the property used for joint venture or association purposes;

The property proposed to be used for joint venture or association purposes;

Joint venture and association plans;

Criteria for selecting partners for the joint venture or association as prescribed in point c of this clause;

Time when and location where the application is submitted.

b) The provider holding the property shall, based on the applications submitted by applicants and criteria specified in point c of this clause, select a partner(s) for the joint venture or association and be responsible for their selection.

In case the applicant contributes their own property as capital for the joint venture or association to the public service provider, the applicant is responsible for hiring a price appraisal enterprise to determine the value of such property before submitting their application for the joint venture or association. The application for the joint venture or association consists of:

A written request for participating in the joint venture or association of the applicant: 01 original;

Joint venture or association plan (including contents on the disposal of the property after the joint venture or association term expires) enclosed with the financial plan for the joint venture or association: 01 original;

Documentary evidence of qualifications of the applicant that are suitable to the field related to the joint venture or association: 01 copy.

Price appraisal certificate (in case the applicant’s property is used for joint venture or association purposes): 01 copy.

Other related documents: 01 copy.

c) Criteria for selecting a partner participating in the joint venture or association include:

Qualifications of the partner in the field related to the joint venture or association;

Effectiveness of the financial plan;

Necessary material facilities and equipment of the partner guaranteeing the joint venture or association;

The plan for disposal of the property after the joint venture or association term expires;

Other criteria suitable for the joint venture or association purposes, functions and tasks of the public service provider having the public property shall be decided by itself.

6. In case the property used for joint venture or association purposes of the public service provider and property formed through the joint venture or association include LURs, buildings and other property affixed to land after the joint venture or association term expires (including the case where the contract is terminated by the deadline), such property shall be transferred without compensation to the public service provider for management and use. In cases where public service providers enter into joint ventures or associations with each other, the joint venture or association contract must specify the division of LURs, buildings, works and other property affixed to land formed through the joint venture or association to serves as a basis for the property disposal after the joint venture or association ends.

For other property, after ending the joint venture or association (including the case where the contract is terminated by the deadline), it will be disposed of according to the following principles:

a) For property that is used for joint venture or association purposes according to the form specified in point a clause 4 of this Article, after ending the joint venture or association, the provider may continue managing or using the property or proposing to a competent agency or person to consider and decide on disposal of the property according to the provisions of the Law on Management and Use of Public Property and this Decree.

b) For property used for joint venture or association purposes according to the form specified in point b clause 4 of this Article, after the joint venture or association term expires, the part of the property owned by each party shall be equivalent to the property value or capital contributed when investment in developing or purchasing property used for the joint venture or association purposes.

c) For property formed through the joint venture or association according to the provisions of point c clause 4 of this Article, after the joint venture or association term expires, it will be divided between parties in the joint venture or association according to the contribution ratio of each party; in case it cannot be divided in kind, it will be sold to the remaining parties in the joint venture at market price; in case the parties in the joint venture fail to purchase, the property will be sold at auction; the property purchase/sale price of the parties in the joint venture will be determined by a price appraisal enterprise hired by the parties.

d) In case the parties in a joint venture or association voluntarily transfer property without compensation to a public service provider, the provider shall manage and use it according to regulations.

6a. The termination of a joint venture or association contract by the deadline and handling of related issues shall comply with the Contract and civil law. The disposal of property used for joint venture or association purposes and property formed through the joint venture or association shall comply with the provisions of clause 6 of this Article.”

43. Addition of Clause 4 of Article 48:

“Article 48. Repossession of public property at public service providers

4. The operation and disposal of public property subject to repossession under a decision issued by a competent agency or person shall comply with the provisions of Article 19 hereof.”

44. Addition of Article 53a:

“Article 53a. Transfer of public property at public service providers to local authorities for management and disposal; disposal of public property at public service providers in cases of merger, consolidation, division and dissolution; Disposal of public property that is weapons, explosive materials, combat gears, and cryptographic products of the cipher industry equipped for public service providers

1. The transfer of property at public service providers to local authorities for management and disposal shall comply with the provisions of Article 35a hereof.

2. The disposal of public property at public service providers in cases of merger, consolidation, division and dissolution shall comply with the regulations of the Government on reorganization and dissolution of public service providers and their guiding documents.

3. The disposal of public property that is weapons, explosive materials, combat gears, and cryptographic products of the cipher industry equipped for public service providers shall comply with the provisions of Article 35c hereof.”

45. Amendments to Clause 1 Article 54:

“Article 54. Procedures for disposal of public property when converting public service providers into enterprises

1. Before a competent agency or person decides to convert a public service provider into an enterprise, or a public service provider with its buildings and land subject to rearrangement or disposal in accordance with the Government’s regulations on rearrangement and disposal of public property when preparing the plan for conversion, the plan for rearrangement or disposal of the buildings and land subject to rearrangement in accordance with the Government’s regulations on rearrangement and disposal of public property applicable to buildings and land proposed to be retained after conversion must be approved by the competent agency or person. For the remaining buildings and land, the superior regulatory agency of the public service provider is responsible for management and disposal according to regulations.

The disposal of public property when converting a public service provider into a joint-stock company shall comply with the provisions of law on conversion of public service providers into joint-stock companies.

The disposal of public property when converting public service providers into enterprises, excluding cases where public service providers are converted into joint-stock companies shall comply with the provisions of clauses 2, 3, 4, 5, 6, 7 and 8 of this Article.”

46. Amendments to Clause 2 Article 55:

“Article 55. Management and use of proceeds from disposal of public property at public service providers

2. Regarding proceeds from the disposal of public property that are not contained in the provisions of clause 1 of this Article, are managed by a public service provider itself and are not transferred to the escrow account at the State Treasury of the financial authority, the public service provider can transfer the remaining amount of these proceeds to the public service development fund after deducting relevant costs, repaying loans, mobilized capital (if any) and fulfilling financial obligations to the State. In case no revenue is derived from the public property disposal or proceeds from the property sale or liquidation are not enough to cover costs, the remaining balance will be spent from the provider’s authorized funding source assigned to organize the property sale and liquidation.”

47. Amendments to Clause 1 Article 65:

“Article 65. Management and use of proceeds from disposal of public property at the people's armed forces units

1. The entire proceeds from the disposal of public property at the people's armed forces unit shall be transferred to the escrow account at the State Treasury held by the Department of Finance of the Ministry of National Defense (for agencies and units affiliated to the Ministry of National Defense), or the Department of Planning and Finance of the Ministry of Public Security (for agencies and units affiliated to the Ministry of Public Security).”

48. Amendments to Article 66:

“Article 66. Other contents about management and use of public property at the people's armed forces units

1. The Minister of National Defense and the Minister of Public Security shall regulate the calculation of depreciation and amortization of special property and dedicated property at the people's armed forces units. Methods for procurement and sale of special property at the people's armed forces units shall comply with the Prime Minister's decision and relevant regulations of the Ministry of National Defense and the Ministry of Public Security. Property at the people's armed forces units must be renounced by agencies and persons with decision-making authority before disposal.

2. Regarding the formation, management, use and disposal of public property at the people's armed forces units that are not specified in Clause 1 of this Article and Articles from 58 to 65 of this Decree (except that the property that is weapons, explosives, and combat gears at the people's armed forces units is disposed of according to the provisions of Article 65 of the Law on Management and Use of Public Property and Articles 58, 59, 60 , 61, 62 and 63 of this Decree) the relevant provisions in Section 3 Chapter II, Article 65 of the Law on Management and Use of Public Property and the provisions in Chapter II of this Decree shall apply; regarding public service providers belonging to the people's armed forces, relevant provisions in Section 4 Chapter II, Article 65 of the Law on Management and Use of Public Property and provisions in Chapter III of the Decree shall apply.

On the basis of the management requirements for assurance of the fulfillment of national defense and security tasks, the Minister of National Defense and the Minister of Public Security shall specify the requirements during operation of public property at the people's armed forces units.”

49. Amendments to Article 67:

“Article 67. List of property subject to centralized procurement

1. The authority to issue a list of centrally procured property shall comply with the provisions of bidding law.

2. Principles for compilation and application of a list of centrally procured property:

a) Property that is included in the centralized procurement list is adjusted to suit management requirements, procurement needs, legal regulations and organization and implementation capacity of the centralized procurement unit.

b) List of property subject to centralized procurement at national level applies generally to agencies, organizations and units under the management of ministries, central and local authorities.

c) List of property subject to centralized procurement at ministerial and central levels applies to agencies, organizations and units under the management of ministries and central authorities, list of property subject to centralized procurement at local level applies to agencies, organizations and units under the management of local authorities.

d) Property on the list of property subject to centralized procurement at ministerial, central or local level must not be included in the list of property subject to centralized procurement at national level that has been issued by the Minister of Finance or Minister of Health.

dd) Ministers and Heads of central authorities, and the province-level People’s Committees shall promulgate guiding documents on technical standards and estimated price of property on centralized procurement lists in accordance with standards, norms and usage needs of agencies, organizations and units under their management.

3. The procurement of the following property types shall not comply with the provisions of this Chapter:

a) Special property and dedicated property at the people's armed forces units.

b) Property of Vietnamese agencies abroad.

c) Property purchased from aid, sponsorship, and capital sources of programs and projects financed by foreign grantors which impose different procurement requirements from the provisions in this Chapter.

d) Property procured for a construction investment project under a separate contract package which affects the uniformity of the project or limits the participation of bidders according to the provisions of bidding law.

4. Lists of property subject to centralized procurement must be updated publicly on the web portals of ministries, central authorities, the People’s Committees of provinces and central-affiliated cities.”

50. Amendments to Article 68:

“Article 68. Centralized procurement units

1. Units acquiring drugs, medical equipment, and testing supplies through centralized procurement of the nation: are units affiliated to the Ministry of Health or other units tasked with centralized procurement of drugs, medical equipment, and testing supplies included in the national centralized procurement list by the Prime Minister.

2. Centralized procurement units of ministries, central authorities and provinces: Are units affiliated to ministries, central authorities and provinces tasked with:

a) procurement of property included in the national centralized procurement list, excluding drugs, medical equipment, and testing supplies included in the national centralized procurement list specified in clause 1 of this Article for agencies, organizations and units under their management.

b) Procurement of property included in the lists of property subject to centralized procurement at ministerial, central and local levels.

3. The Ministry of Health, ministries, central authorities, and the province-level People’s Committees shall, under their authority, decide on centralized procurement units for procurement as prescribed in clause 1 and clause 2 of this Article on the basis of reorganization, rearrangement and assignment of additional tasks for existing agencies, organizations and units (without establishment or additional staffing of ministries, central and local authorities).”

51. Amendments to Article 74:

“Article 74. Consolidation of centralized procurement needs (except drugs, chemicals, testing supplies, medical equipment)

1. Centralized procurement shall be carried out by signing a framework agreement, except for the following cases where the procurement is carried out by signing a direct contract:

a) The property procurement is under programs and projects financed by aid and sponsorship capital from domestic and foreign grantors that request direct conclusion of contracts;

b) Competent agencies and persons assign procurement estimates to centralized procurement units according to the provisions of law.

2. Based on the scope of the assigned budget estimate and authorized funding sources, the agency, organization or unit wishing to procure property on a centralized procurement list is responsible for preparing a centralized procurement registration document, send it to the superior regulatory agency (hereinafter referred to as the focal point for centralized procurement registration) which will consolidate and submit to the centralized procurement unit of the ministry, central authority, or provincial authority by the deadline set by the Minister, Head of the central authority or the province-level People’s Committee for application under the unit’s management. The agency, organization or unit is responsible for its registration of property procurement.

The main contents of the centralized procurement registration document include:

a) The agency, organization or unit directly using the property after completing the procurement.

b) Type and quantity of property subject to centralized procurement.

c) Estimates, capital sources for centralized procumbent and payment method.

d) Estimated time and location for delivery and receipt of property after completion of procurement and other proposals (if any).

3. The centralized procurement unit of the ministry, central authority or provincial authority shall synthesize the centralized procurement needs of the agency, organization, or unit under the management of the ministry, central authority, or local authority using Form No. 03/TSC-MSTT enclosed with this Decree to prepare a contractor selection plan and bidding documents.

4. In case the agency, organization, or unit does not express the need for centralized procurement of the property for which procurement cost estimate has been provided on the list of property subject to centralized procurement by the deadline specified in clause 2 of this Article, it is not allowed to procure such property.

In case the need for procurement of property included in the centralized procurement list exceeds the budget estimate provided at the beginning of the year and the additional procurement cost estimate has been approved by a competent agency or person but the deadline for consolidating the need for procurement has expired, the proposing agency, organization, or unit shall report to the agency or person competent to decide on procurement for consideration and decision to assign the proposing agency, organization, or unit to organize procurement according to the provisions of bidding law.

5. The process of centralized procurement shall comply with the provisions of the Law on Bidding, the Government’s Decrees elaborating certain Articles and implementation of the Law on Bidding in terms of contractor selection.”

52. Amendments to Article 79:

“Article 79. Payment for property

1. In case of centralized procurement by signing a framework agreement, the agency, organization or unit directly using property is responsible for paying the selected contractor for the property.

2. In case of centralized procurement by signing a direct contract, the payment for the contractor providing the property shall be as follows:

a) The centralized procurement unit requests the agency managing the program or project to transfer payments to the contractor providing the property;

b) The centralized procurement unit requests the agency managing the program or project to transfer payments to the centralized procurement unit for making payment to the contractor;

c) The centralized procurement unit pays the contractor in case the competent agency or person provides the procurement cost estimate to the centralized procurement unit.

3. The payment for property shall comply with the provisions of law, framework agreement and property procurement contract that have been signed with the selected contractor.

4. The State Treasury is responsible for controlling expenditures according to the provisions of law. An expenditure control record includes:

a) Annual estimate or annual investment capital plan of the program or project assigned by a competent authority;

b) Property procurement contract;

c) Advance payment guarantee (if any);

d) Minutes of handover and receipt of property as prescribed in Article 80 of this Decree;

dd) Disbursement request; payment request (if any); Payment order by wire transfer or electronic funds transfer (EFT), or cash withdrawal slip (in case of withdrawal from deposit account);

e) Document of the centralized procurement unit requesting the agency managing the program or project to transfer payments to the selected contractor providing the property according to the signed contract (in case the centralized procurement unit requests the agency managing the program or project to transfer payments to the contractor providing the property);

g) Document of the centralized procurement unit requesting the agency managing the program or project to transfer payments to the deposit account of the centralized procurement unit; Payment order by wire transfer or electronic funds transfer (EFT) (in case the centralized procurement unit requests the agency managing the program or project to transfer payments to the centralized procurement unit for making a payment for the contractor providing the property). Regarding this written request for transfer, in addition to the information relating to the procurement of property, the amount of money requested to be transferred and the deposit accounts of the centralized procurement unit and the state treasury where the unit opens the deposit account need to be specified.”

53. Amendments to Clause 2 Article 81:

“Article 81. Final cost statement and contract finalization

2. Final statement of costs for property procurement:

a) The centralized procurement unit is responsible for submitting the cost statement to the agency managing the program or project in case of centralized procurement by direct contracting where the agency managing the program or project transfers payments to the centralized procurement unit for making a payment for the contractor.

b) The centralized procurement unit is responsible for submitting the procurement cost statement in case of allocating a procurement cost estimate to the centralized procurement unit.

c) The agency, organization or unit directly using the property is responsible for submitting the procurement cost statement in cases not specified in point a and point b of this clause.”

54. Amendments to clauses 1 and 2 of Article 89:

“Article 89. Management and use of property of a state-funded project

1. The project executor (agency, organization, or unit assigned to implement a project) shall arrange their existing property to serve project management; the investment in and equipment of property serving the project management are only made for project management boards established in accordance with the law, and for project executors when their existing property is unable to be arranged and the principles of property formation specified in Clause 2, Article 28 of the Law on Management and Use of Public Property are applied. The contractor, consultant, and supervisor of a project ensure their own property to serve consulting, supervision, and construction activities; The Project Management Board does not invest in construction, procurement, or leasing of property to provide it to the contractor, consultant, or supervisor. For time-based consulting contracts, the Project Management Board uses their own existing property or the leased property to serve the consultant's work during the contract period.

The management and use of property serving the activities of each project and property that is acquired as the results of state-funded projects shall comply with the provisions of Section 1, Chapter VI of the Law on Management and Use of Public Property and Articles 90, 91, 92, 93 and 94 of this Decree.

The management and use of property serving the general work of a Project Management Board shall comply with regulations applicable to public service providers in cases where the Project Management Board operates according to the public service provider’s model; comply with regulations applicable to state agencies in cases where the Project Management Board operates under another model (not a public service provider).

2. For property serving the operations of experts, contractors, consultants, supervisors, and project executors transferred without compensation to the State of Vietnam, the establishment of public ownership and disposal of the property shall comply with the Government's regulations on procedures for establishment of public ownership of property and disposal of property under established public ownership."

55. Amendments to clauses 1 and 2 of Article 91:

“Article 91. Forms of disposal of property serving the operation of state-funded projects

1. Allocation and transfer of property:

a) Allocate property to beneficiaries according to project instruments or project documents approved or signed by competent authorities or persons.

b) Allocate or transfer property to the state agencies, public service providers, units of the people's armed forces, CPV agencies, Vietnam Fatherland Front, and socio-political organizations.

c) Allocate or transfer property to serve the operation of other projects.

d) Transfer land area allocated or temporarily allocated to the Project management board to serve the project execution (including works and property affixed to land) to local authorities for management.

dd) Cases of transfer of property that are not specified in point b and point c of this clause shall be decided by the Prime Minister.

2. Property that has expired under the provisions of law; property that has not expired but is damaged beyond repair or is damaged and cannot be repaired effectively (expected repair cost is greater than 30% of the property's original cost) must be liquidated; office buildings or other property attached to land must be demolished according to the decision of the competent authority or person."

56. Amendments to Article 92:

“Article 92. Authority to approve plans for disposal of property serving the operation of projects

1. For a project under the management of a central authority:

a) The Minister of Finance shall approve the plan for transfer of property to the agency, organization, unit, project under the Ministry, another central authority or local authority for management at the request of the Minister or Head of the central authority and the Chairperson of the relevant Province-level People's Committee.

b) The Minister or Head of the central authority shall approve or stipulate the authority to approve the plan:

allocate or transfer the property to the agency, organization or unit under the management of the Ministry or the central authority;

Allocate or transfer the property to serve the operation of another project under the management of the Ministry or the central authority;

Sell; liquidate; destroy; dispose of the lost or damaged property;

Transfer the land area allocated or temporarily allocated to serve the project execution to the province-level People’s Committee after completing the project execution.

2. For a project under the management of a local authority:

a) The Minister of Finance shall approve the plan for transfer of property to the agency, organization, unit, project under the Ministry, central authority or another local authority for management at the request of the Minister or Head of the central authority or the Chairperson of the relevant Province-level People's Committee.

b) The province-level People's Council shall stipulate the authority to approve the plan for allocation or transfer of property to the agency, organization, unit or project under the management of the local authority; sale; liquidation; destruction; disposal of property in case of loss or destruction.

3. The Prime Minister shall issue a decision to transfer property in the case specified in Point dd, Clause 1, Article 91 of this Decree at the request of the Minister of Finance on the basis of the request of the Minister or Head of the central authority, chairperson of the province-level People’s Committee.

4. The authority to decide on property disposal in other forms specified in Clause 6, Article 91 of this Decree shall comply with relevant laws.

5. Plans for disposal of property serving the operation of projects shall be approved through administrative decisions of competent agencies and persons specified in this Article.”

57. Amendments to Clause 1 Article 93:

“Article 93. Procedures for disposal of property serving the operation of state-funded projects

1. Property disposal when a project ends:

a) When the project ends, the Project Management Board is responsible for preserving the status quo of the property and property records until the property is handed over to the agency, organization, unit, or project that is eligible to receive or complete the sale, liquidation, or destruction of the property according to the decision of a competent authority or person.

In case the project has ended and the Project Management Board has been dissolved but the property has not yet been disposed, the project management agency assigns an agency or unit under its management is responsible for preserving the property, and property records and performing other tasks of the Project Management Board specified in this Decree;

b) At least 30 days before the project end date according to the decision of the competent agency or person, the Project Management Board is responsible for inventorying property serving the project’s operation, proposing solutions for disposal, preparing an application for disposal of the property, reporting the superior regulatory agency (if any) for synthesizing and reporting to the project management agency. The inventory must be recorded in writing, and the main contents of the record consist of: The name of the project, name of the project management board, managing agency, participants in the inventory, results of the inventory. In case of surplus or dearth of property, the surplus or dearth must be specified in the inventory record, and it is required to specify causes, responsibilities and propose disposal measures according to the regime for management and use of public property. The list of property proposed to be disposed shall be made using Form No. 07/TSC-TSDA enclosed herewith.

An application for disposing of the property includes:

The report of the project management board (enclosed with the list of property proposed to be disposed): 01 original;

The written request for disposal made by the superior regulatory agency (if any): 01 original;

The property inventory record: 01 copy.

The project instrument or project document approved or signed by a competent authority or person. 01 copy.

Other documents or instruments related to the property disposal: 01 copy each;

For projects which have a managing agency that plays the role of general coordination and managing agencies of component projects, the managing board of each component project is responsible for stocktaking and reporting to the managing board of the entire project for consolidating and proposing disposal plans;

c) Within 30 days from the date of receipt of the report, the project management agency is responsible for consolidating and issuing a written request for property disposal, enclosed with the application for property disposal specified in Point b of this Clause, sending them to the agency assigned to manage public property specified in Clause 2, Article 19 of the Law on Management and Use of Public Property (for projects under the management of central authorities), or to a Department of Finance (for projects under the management of local authorities);

d) Within 30 days from the date of receipt of the report from the project management agency, the agency assigned to manage public property specified in Clause 2, Article 19 of the Law on Management and Use of Public Property (for projects under the management of central authorities), or the agency assigned to manage public property specified in Clause 3, Article 19 of the Law on Management and Use of Public Property (for projects under the management of local authorities) is responsible for preparing a plan for property disposal using the form specified in Article 91 of this Decree, requesting the competent agency or person specified in Point b, Clause 1, Point b, Clause 2, Article 92 of this Decree to approve the plan according to their competence or submit it to the Minister, Head of the central authority, Chairperson of the Province-level People's Committee for passing comments to the agency assigned to manage public property specified in Clause 1, Article 19 of the Law on Management and Use of Public Property (in case the approval is under the authority of the Prime Minister, or the Minister of Finance);

dd) Within 30 days from the date of receiving the request from the Minister, Head of the central authority, or the Chairperson of the Province-level People's Committee, the agency assigned to manage public property specified in Clause 1, Article 19 of the Law on Management and Use of Public Property shall submit the plan for disposal to the Minister of Finance for consideration and approval or request the Minister of Finance to submit it to the Prime Minister for consideration and approval;

e) In case the Project Management Board or project management agency does not propose a disposal plan or proposes an inappropriate disposal plan, the agency assigned to manage public property specified in Clauses 1, 2 or 3, Article 19 of the Law on Management and Use of Public Property shall prepare a disposal plan and submit it to the Minister of Finance, Minister, or Head of the central authority, or the Chairperson of the Province-level People's Committee for decision according to regulations. The Project Management Board and the project management agency are responsible to the Minister, Head of the central authority, and the Chairperson of the Province-level People's Committee in case no disposal plan is proposed."

58. Amendments to Article 94:

“Article 94. Disposal of property that is acquired as the result of a project implementation process

1. Property that is acquired as the result of a project implementation process is a construction work and the other property that are determined to be the result of a project approved by a competent authority or person.

2. For property that is acquired as the result of a project implementation process in which beneficiaries of the project results have been specifically identified in the project approved by a competent authority or person:

a) Within 60 days (for a construction work), 30 days (for another property), from the date of completion of construction investment or procurement, the Project Management Board is responsible for handing over the property to a beneficiary to be operated and used according to project objectives (which clearly determine the current value of property after investment according to investment laws, construction laws and relevant laws; in case there are many beneficiaries, the part of property and value of property allocated to each beneficiary must be specified). The handover or receipt of the property shall be recorded using the Form 01/TSC-BBGN enclosed herewith. During the project implementation, the beneficiary of the project is responsible for protecting and using the allocated property in accordance with the law, ensuring savings and efficiency.

b) Accounting and management of property that is acquired as the result of a project implementation process after handover shall be as follows:

If the beneficiary is an agency, organization or unit: The beneficiary must monitor, enter the increase of property into the accounts, make a report on declaration of property changes according to the provisions of Article 126 and Article 127 of this Decree, and manage and use the property according to the provisions of the Law on Management and Use of Public Property, provisions in this Decree and relevant laws;

If the beneficiary is an enterprise or another business organization: The beneficiary must record the increase of state capital invested in the enterprise or the business organization or in another form as prescribed by law, except for beneficiaries that are organizations that are assigned to manage infrastructure assets that are not considered state capital at enterprises according to the provisions of law on management, use and operation of each type of infrastructure assets. The beneficiary is responsible for managing and using the allocated property according to the financial regime applicable to that enterprise or business organization;

If the beneficiary is a household or individual: The management and use of property shall comply with civil laws and other laws related to the received property and instruments and clauses of the project signed or decided by competent authorities and persons.

c) The determination of original cost of fixed assets for accounting shall comply with the regulations of the Minister of Finance on regimes for management and depreciation of fixed assets at state agencies; regimes for management, use and amortization of fixed assets.

d) In case the infrastructure assets are acquired as the results of a project implementation process in which the beneficiary of the project result has been specifically identified in the project approved by a competent authority, the submission of a proposal to a competent authority or person for deciding on allocation of infrastructure assets to the managed beneficiary in accordance with the Government's regulations on management, use and operation or each type of infrastructure asset is not required.

dd) In case the project is approved by a competent authority or person and the beneficiary has been specifically identified but the beneficiary is not consistent with the subject assigned to manage the property according to the provisions of law at the time of handover, the project developer is responsible for reporting to the authority or person competent to approve the project to adjust the project or hand over the property to the beneficiary according to the project approved by the competent authority or person and the beneficiary is responsible for reporting to the authority or person competent to dispose of the property according to the provisions of law.

3. In case property is acquired as the result of a project implementation process and the beneficiary of such property within the project approved by a competent authority or person is not identified specifically, the property disposal shall be as follows:

a) Disposal methods:

Disposal methods as specified in Article 91 of this Decree;

Allocation of property to enterprises for management and use;

Allocation of infrastructure assets that are acquired as the results of the project implementation process to property management subject in accordance with the provisions of law on management, use and operation of infrastructure assets.

b) Authority to approve the disposal plan shall comply with the provisions of Article 92 of this Decree and the following regulations:

The Minister or head of a central authority shall approve the plan for allocating the property to an enterprise for management and use if the property is within the project under the management of the central authority; the province-level People’s Committee shall approve the plan for allocating the property to an enterprise for management and use if the property is within the project under the management of the provincial authority. In case the Ministry, central authority, or the province-level People’s Committee does not a representative agency of the owner of state capital at an enterprise, the consensus of the representative agency of the owner of state capital at the enterprise must be obtained before approval;

In case the Government's regulations on management, use and operation of each type of infrastructure assets include different provisions on the authority to decide on allocation of infrastructure assets to the management subject, the authority shall comply with the Government's regulations on management, use and operation of each type of infrastructure assets. In case the project is executed using foreign loans from the Government, loans guaranteed by the Government or foreign aid sources belonging to state budget revenue, the consensus of the Ministry of Finance must be obtained before decision to allocate the property to the management subject.

c) Procedures for property disposal shall comply with the provisions of Article 93 of this Decree. In case the property is allocated or transferred, the handover, receipt and accounting shall comply with the provisions of point b and point c clause 2 of this Article. In case an investment project to build office premises to be allocated to many agencies, organizations, and units is executed, the authority or person competent to make a decision on disposal of property within the project shall allocate the office premises to one agency or organization or unit for general management and to agencies, organizations, and units for use or to each agency, organization, or unit for management and use of each corresponding area, ensuring compliance with standards and usage of public property of each agency, organization, or unit.

4. The disposal of temporary construction works shall comply with the provisions of law on construction."

59. Addition of Article 94a:

“Article 94a. Disposal of supplies and materials repossessed during project implementation

1. For supplies and materials repossessed from the demolition of old infrastructure assets that have been assigned to management subjects according to the Government's regulations on management, use and operation of each type of infrastructure assets, the disposal of repossessed supplies and materials shall comply with the Government's regulations on management, use and operation of each type of infrastructure assets.

2. In case supplies and materials repossessed during project implementation that are not specified in Clause 1 of this Article are supplies and materials repossessed from the dismantling of old property to serve the project implementation, the Project Management Board is responsible for preserving the status quo of the supplies and materials repossessed from the dismantling of old property until the disposal is completed. Within 30 days from the date of completing the dismantling of the old property or repossession of supplies and materials, the Project Management Board is responsible for organizing disposal of the repossessed supplies and materials as follows:

a) The supplies and materials repossessed during the project implementation can be disposed in the following form if they can continue to be used: Transfer or sale. The project management board is responsible for preparing an application for disposal and reporting to the authority or person competent to make a decision on disposal as prescribed. The authority and procedures for deciding and organizing the transfer or sale of supplies and materials repossessed during the project implementation shall comply with the provisions of Section 5 Chapter II of this Decree.

b) The supplies and materials that cannot be used shall be destroyed by the Project Management Board.

3. In case the project approved by a competent authority stipulates that the value of repossessed supplies and materials is deducted from the bidding package price of the project implementation contract and is specified in the contract, the contractor implementing the project shall organize property disposal according to signed contract and relevant laws; not dispose of the property according to the provisions of this Article.”

60. Amendments to Article 95:

“Article 95. Public property sale invoices

1. Public property sale invoices are used when selling or conveying the following types of public property:

a) Public property at agencies, organizations and units (including state-owned housing).

b) Infrastructure assets invested and managed by the State (including cases of sale and conveyance of the right to collect fees for using infrastructure assets invested and managed by the State, and conveyance of the right to operate infrastructure assets invested and managed by the State).

c) Public property assigned to enterprises for management by the State that is not recorded as state capital at these enterprises.

d) Property of state-funded projects.

dd) Property under established public ownership.

e) Public property repossessed under decisions made by competent authorities and persons.

g) Supplies and materials repossessed from the maintenance, repair and disposal of public property.

2. Electronic invoices for sale of public property:

a) Electronic invoices for sale of public property shall be made using the Form No. 08/TSC-HD enclosed herewith.

b) An agency assigned to organize the disposal of public property shall issue electronic invoices through an electronic invoice service provider (if the agency is a payer of value-added tax with a tax code) or through the web portal of the General Department of Taxation (if the agency is not a payer of VAT with a tax code) according to the provisions of the Government's Decrees on invoices and records for purchasers when selling or conveying public property specified in Clause 1 of this Article. The agency assigned to organize the disposal of public property shall issue property sale invoices bearing the tax authority's code according to regulations applicable to non-business organizations that have transactions of selling goods or providing services; or applicable to organizations that are not required to pay for services using electronic invoices.

c) A tax authority shall issue electronic invoices bearing the tax authority's code for individual sale or conveyance of public property to the agency assigned to organize the disposal of public property.

d) The preparation, adjustment, cancellation, and reporting of the management and use of electronic invoices for sale of public property shall comply with the Government's Decrees on invoices and records.

dd) The mandatory deadline by which electronic invoices for sale of public property must be applied is January 1, 2025.

3. Proceeds from property sale recorded on public property sale invoices do not include value added tax.”

61. Amendments to Article 101:

“Article 101. Basis for determination of LUR value

1. Land area is the area recorded in the Certificate of LURs, Certificate of LURs, and ownership of housing and property affixed to land, Certificate of LURs, and ownership of property affixed to land (hereinafter referred to as Certificate) or Land allocation or land lease decision of a competent state agency, Land lease contract (in case the Certificate is not issued). In case the Certificate or land allocation or land lease decision, or land lease contract is not issued by a competent state agency, the agency, organization, or unit using the land shall, based on the instruments and documents related to LURs, determine the land area used as a basis for determining the LUR value.

2. Land price shall be determined according to the price of land for construction of an agency's headquarters in the Land Price List issued by a competent authority according to the provisions of land law at the time of determining the LUR value.

In case the Land Price List does not specify the type of land for construction of the agency's headquarters, the land price shall be determined according to the land type in the Land Price List as follows:

a) For land allocated without land levy collection to build office premises of an agency, organization or unit; a dedicated work, or work serving the management at a unit of the people's armed forces; or a public work of a public service provider, the land price shall be determined according to homestead land;

b) For protective forest land, dedicated forest land, natural production forest land, land for agriculture, forestry, aquaculture, and salt production or land used for both agriculture, forestry, aquaculture and salt production purposes and national defense and security purposes allocated by the State without land levy collection or leased out by the State with exemption from land rent for the entire lease term or leased out by the State for which the paid land rent originates from the state budget, the land price shall be determined according to the corresponding land type;

c) For land leased out by the State to build a public work and used for non-agricultural production and business purposes other than homestead land, the land price shall be determined according to its purpose (non-agricultural production or business purposes) and the land use term.

3. In case of receipt of LURs by conveyance, the land price for determining LUR value shall be the actual price of land received by conveyance or the hammer price of LURs (if the land or LURs are received through conveyance at auction) which must not be lower than the land price issued by the Provincial People's Committee at the time of determining the LUR value. In case the actual price of land acquired through conveyance or the hammer price of LURs is lower than the land price issued by the Provincial People's Committee at the time of determining the LUR value, the land price shall be determined according to the provisions of Clause 2 of this Article.”

62. Amendments to Point a Clause 1 of Article 103:

“Article 103. Adjustments to LUR value

1. An agency, organization, or unit must adjust the LUR value for accounting in the case where it:

a) makes periodic adjustments every 5 years from 2026 when the Provincial People's Council announces the first land price list according to the provisions of land law;”

63. Amendments to Clause 1 of Article 116:

“Article 116. Systems of electronic transactions in public property

1. A system of electronic transactions in public property is an information technology system developed, managed, operated, and guided by the Ministry of Finance serving the sale of public property, lease of public property, conveyance, lease of the right to operate public property and other transactions in property offered at fixed prices. The auction through the National Property Auction Portal shall comply with the provisions of law on property auctions."

64. Amendments to Article 127:

“Article 127. Procedures for and dossiers on initial declaration reporting and additional declaration reporting

1. In case the subject assigned to make a report on declaration of public property is tasked with direct data entry (except for the case specified in Clause 2 of this Article), the assigned subject shall prepare a dossier on declaration reporting and update information of property subject to declaration reporting on the National database on public property.

2. In case the subject assigned to make a report on declaration of public property is tasked with directly entering data on property that is buildings, land, automobiles or property whose original cost is at least 500 million VND per unit of property or in case the subject assigned to make a report on declaration of public property is tasked with direct data entry, the assigned subject shall prepare 02 dossiers on property declaration reporting; submit 01 of them to: The superior regulatory agency (if the property belongs to an agency, organization, unit, or enterprise under the management of a central authority); a governing department, district-level People's Committee (if the property belongs to an agency, organization, unit, or enterprise under the management of a local authority); the other shall be kept at the agency, organization, unit, or enterprise.

3. The superior regulatory agency, governing department, or the district-level People’s Committee shall:

a) In case the superior regulatory agency, governing department, or the district-level People's Committee is tasked with entering data, it shall update information on the proposed property to the National database on public property.

b) In case the agency tasked with managing public property of a ministry or central authority, Department of Finance is the agency responsible for data entry or in case the property is buildings, land, automobiles or property whose original cost is at least 500 million VND per unit of property, the superior regulatory agency, governing department, or district-level People's Committee shall certify dossiers on property declaration reporting of the agency, organization, unit, or enterprise under its management; submit 01 dossier that has been certified to: the agency tasked with managing public property of the ministry or central authority (if the property belongs to an agency, organization, unit, or enterprise under the management of a central authority); Department of Finance (if the property belongs to an agency, organization, unit, or enterprise under the management of a local authority).

4. The agency tasked with managing public property of the ministry, central authority or the Department of Finance shall:

a) Update information on the proposed property that is under its management to the National database on public property.

b) Approve data on property that is buildings, land, automobiles or property whose original cost is at least 500 million VND per unit of property (in case the subject assigned to make a report on declaration of public property or superior regulatory agency, governing department, or the district People's Committee is tasked with data entry).

5. A dossier on declaration reporting includes:

a) Declaration report using the form prescribed by the Ministry of Finance: 01 original.

b) Documents related to the right to manage and use the proposed property: 01 copy each.

The unit assigned to make a report on declaration of public property may submit an electronic dossier on declaration reporting in case its digital signature has been appended.”

65. Amendments to Clause 4 of Article 130:

“Article 130. Reporting the management and use of public property

4. Agencies, organizations, units, and enterprises are responsible for submitting physical reports or digital reports on the management and use of public property in cases where digital signatures have been appended.

66. Amendments to Clauses 2 and 3, and addition of clause 5 of Article 135:

“Article 135. Public property insurance

2. Public property that must be insured is specified as follows:

a) Compulsory fire and explosion insurance must be purchased for public property in accordance with the provisions of law on fire prevention and fighting.

b) Damage insurance or index-based insurance for storm and flood risks must be purchased for public property, including: Buildings and works belonging to office premises and public service facilities located in areas where storms, and floods frequently occur; infrastructure assets in areas where storms, and floods frequently occur.

The Minister of Finance proposes to the Prime Minister to promulgate a specific List of property that must be insured for storm, and flood risks and a roadmap for implementation.

3. In cases not falling within the scope specified in Clause 2 of this Article, heads of agencies, organizations, units and enterprises shall decide on the purchase of insurance (including voluntary insurance) on the basis of the actual use of property and the risk exposure of public property.

5. Funding for purchase of insurance shall be used from regular expenditures or authorized funding sources of agencies, organizations, and units.”

67. Addition of Article 137a:

“Article 137a. Implementation provisions

1. Agencies, organizations, units and other relevant entities can submit their applications and receive results through the national document communication axis in case a digital signature has been appended when following the procedures specified in this Decree. In case the procedures specified herein must be followed through many steps, the originals required for each procedure shall be kept at agencies with decision-making authority or agencies of persons with decision-making authority, and copies shall be kept by other agencies; In case electronic applications are not submitted but the documents and instruments included in such applications are electronic copies, agencies preparing such applications shall print such electronic documents and instruments off for preparing and submitting the applications.

2. Agencies and persons with authority to make decisions in the management and use of public property in accordance with this Decree and regulations of Ministers, Heads of central authorities, and Provincial People's Councils are authorized to perform one or more of their tasks and powers according to the provisions of the Law on Government Organization and the Law on Organization of Local Governments.

In case the heads of agencies, organizations or units assigned to manage and use public property are persons competent to decide on the procurement, lease, use, disposal or operation of public property according to the provisions of this Decree and the regulations of the Ministers, Heads of central authorities, and Provincial People's Councils, the heads of agencies, organizations, or units are assigned to manage and use public property shall, following the provisions of law and proposals of the consulting divisions, decide on procurement, lease, use, disposal, or operation public property without reporting to superior regulatory agencies (if any).”

68. Form No. 02/TSC-DA - Proposal for using public property at public service providers for business/lease/joint venture and association purposes (in Appendix I enclosed herein) shall be replaced.

69. Form No. 08/TSC-HD - Public property sale invoices (in Appendix II enclosed herein) shall be replaced.

70. Form No. 18/TSC-XLTS – Applications for property disposal (in Appendix III enclosed herewith) shall be added.

Article 2. Replacement and annulment of some phrases, clauses, articles and forms of Decree No. 151/2017/ND-CP

1. Replacement of the phrases:

a) The phrase "Chairperson of the Province-level People’s Committee” is replaced with the phrase “the Province-level People’s Committee” in Clause 2, Article 6, Point a, Clause 2, Clause 3, Article 8.

b) The phrase " the Province-level People’s Committee” is replaced with the phrase “the People’s Committee at all levels” at point b Clause 3, Article 121, Point b, Clause 4, Article 122, point b clause 4 Article 123.

c) The phrase "decide or delegate" is replaced with the phrase "regulate" in Clause 2, Article 6, Point a, Clause 2, Clause 3, Article 8, Point b, Clause 2, Article 58, Point c, Clause 2, Article 59, Clause 2 Article 60, Clause 2 Article 61, Clause 2 Article 62, Clause 2 Article 86.

2. Annulment of phrases:

a) The phrase "not yet financially autonomous (public service providers that cover part of their own regular expenditures and public service providers of which regular expenditures are covered by state budget)" at Point a, Clause 1, Article 100.

b) The phrase “financial autonomy” at point b clause 1 Article 100.

3. Annulment of Article 12, Article 14, Clause 2, Article 43, Clause 3, Article 65, Clause 1, Article 138, Form No. 04/TSC-MSTT, Form No. 05a/TSC-MSTT, Form No. 05b/TSC-MSTT.

Article 3. Implementation clauses

1. This Decree comes into force from October 30, 2024.

Articles 96, 97, 98 and 99 of Decree No. 151/2017/ND-CP expire from January 1, 2025.

2. Transitional clauses

a) For office premises or public service facility that have been put up for auction by an agency or person with decision-making authority with a starting price that has been determined in accordance with regulations before the effective date of this Decree and is still valid, such determined starting price can continue to be used to organize the auction; In case after 02 unsuccessful auctions, if the auction plan is still implemented, the agency assigned to organize property sale will be responsible for making a plan for auction of office premises and organizing the starting price determination, organizing property auction and other contents as prescribed in Decree No. 151/2017/ND-CP (amended and supplemented in Article 1 and Article 2 of this Decree).

b) In case a public service provider is using public property for business, lease, joint venture or association purposes according to the Scheme approved by a competent authority or person and is subject to pay a land rent according to the provisions of Clause 2, Article 42 of Decree No. 151/2017/ND-CP, the provider is responsible for paying the land rent until the end of 2023; from 2024 onwards, the performance of financial obligations when using public property for business, lease, joint venture or association purposes shall comply with the provisions of this Decree.

c) In case a public service provider uses public property for operation according to the provisions of this Decree but has been granted approval for the Scheme for using the public property for business, lease, joint venture or association purposes by a competent authority or person, the public property will continue to be operated according to the approved Scheme; the proceeds from the property operation will be managed according to the regulations on operation of public property at public service providers as specified in this Decree.

d) Within 01 year from the effective date of this Decree, agencies, organizations and units involved in public property operation that are not specified in Point c of this Clause are responsible for submitting reports to competent authorities and persons to consider and decide on property operation, ensuring compliance with the provisions of this Decree. At the end of the above time limit, if any agency, organization or unit is not granted approval by a competent authority or person, it must stop operating public property.

dd) For ongoing umbrella projects as specified in Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on management and use of official development assistance (ODA) and concessional loans from foreign sponsors, property serving the operation of each project shall be disposed according to each component project of such project. The authority to decide on disposal plans applicable to component projects under the management of central authorities shall comply with Clause 1, Article 92, Point b, Clause 3, Article 94 of Decree No. 151/2017/ND-CP (amended and supplemented in Article 1 of this Decree); The authority to approve disposal plans applicable to component projects under the management of local authorities shall comply with Clause 2, Article 92, Point b, Clause 3, Article 94 of Decree No. 151/2017/ND-CP (amended and supplemented in Article 1 of this Decree).

e) The use of printed invoices for sale of state property and invoices for sale and distraint of confiscated property issued by the Ministry of Finance when selling public property, the provisions of Articles 96, 97, 98 and 99 of Decree No. 151/2017/ND-CP shall continue to be applied until the time by which electronic invoices for sale of public property must be used according to the provisions of this Decree.

g) For property that has been entered into accounts, managed and used by agencies, organizations or units according to the provisions of law before the effective date of this Decree, procedures for reporting to agencies and persons competent to make decisions on property allocation must be followed as prescribed herein. The agencies, organizations and units are responsible for accounting, management and use of property in accordance with the provisions of law.

h) In cases where the authority to decide on procurement, lease, use, disposal or operation of public property has been specified in this Decree, the provisions of this Decree shall be applied. In cases where this Decree specifies that Ministers, Heads of central authorities, and Provincial People's Councils shall stipulate the authority, the decision-making authority shall be devolved according to the decentralization regulations promulgated by the Ministers, Heads of central agencies, and Provincial People's Councils in accordance with the provisions of Decree No. 151/2017/ND-CP by the time when the Ministers, Heads of central authorities, and the Provincial People's Councils promulgate regulations on the authority to decide on procurement, lease, use, disposal or operation of public property as prescribed in this Decree.

3. This Decree shall annul the following regulations:

a) Clause 5 Article 59 of Decree No. 123/2020/ND-CP dated October 19, 2020 of the Government on invoices and records.

b) Clause 5 Article 12 of Decree No. 152/2017/ND-CP.

c) Clause 7a Article 12 of Decree No. 46/2014/ND-CP .