Integrated document No. 06/VBHN-VPQH dated September 16, 2024 Law on Management and Use of Public Property
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OFFICE OF THE
NATIONAL ASSEMBLY OF VIETNAM |
THE SOCIALIST
REPUBLIC OF VIETNAM |
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No. 06/VBHN-VPQH |
Hanoi, September 16, 2024 |
MANAGEMENT AND USE OF PUBLIC PROPERTY
The Law on Management and Use of Public Property No. 15/2017/QH14 dated June 21, 2017 of the National Assembly, which has been effective since January 01, 2018, is amended by:
1. The Law on Public - Private Partnership Investment No. 64/2020/QH14 dated June 18, 2020 of the National Assembly, which has been effective since January 01, 2018;
2. The Law No. 07/2022/QH15 dated June 16, 2022 of the National Assembly on amendments to some Articles of the Law on Intellectual Property, which has been effective since January 01, 2023;
3. The Law on Telecommunications No. 24/2023/QH15 dated November 24, 2023, which has been effective since July 01, 2024;
4. The Law on Land No. 31/2024/QH15 dated January 18, 2024, which has been effective since July 01, 2024[1];
5. The National Assembly’s Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024.
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates a Law on Management and use of public property[2].
This Law deals with state management of public property; regulations on management and use of public property; rights and obligations of organizations and individuals in management and use of public property.
Public property including state-owned money, non-state budget financial funds, foreign exchange reserves shall be managed and used in accordance with regulations of relevant law.
1. Regulatory authorities.
2. People’s Armed Forces.
3. Public service providers.
4. Authorities of Communist Party of Vietnam (hereinafter referred to as “CPV authorities”).
5. Socio-political organizations; socio-political and professional organizations; social organizations, social-professional organizations and other organizations that are established according to regulations of law on associations.
6. Other enterprises, organizations and individuals relevant to management and use of public property.
For the purposes of this Law, the terms below shall be construed as follows:
1. “public property” means property under public ownership and managed by the State, including: public property serving management, provision of public services, maintenance of national security for authorities, organizations and units; infrastructural property serving national and public interests; property established under public ownership; public property at enterprises; state-owned money, non-state budget financial funds, foreign exchange reserves; land and other resources.
2. “financial resources obtained from public property” means all the potential profits that can be generated by the property under regulations of law to form sources of funding for socio-economic development and national security assurance.
3. “workplace” includes land, office building and other property attached to land serving management of a state authority, a CPV authority, a socio-political organization, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations.
4. “public service facility” includes land, office building, construction works and other property attached to land serving management and provision of public services of a public service provider.
5. “special-purpose property of people’s armed forces” means public property used for fighting, training in pre-fighting and national security provided by People’s Armed Forces.
6. “single-purpose property” means property having specific structure, design and utility used in certain industries and sectors.
7. “public property auction” means a form of sale of public property according to the principles and procedures under regulations of law on property auction.
8. “direct sale of public property” means the sale of public property through price listing or appointing a property buyer.
9. “contribution of public property to a joint venture or association” means a competent authority or person permitting the contribution of public property for cooperation with an organization, unit or individual in fixed-term business activities according to regulations of law in a manner that serves the State’s interests.
10. “state-funded project” means a program, project or scheme for development investment or science and technology tasks covered by state funding, official development assistance, concessional loans of foreign donors, retained revenues of the state budget that have not been recorded in the state budget balance, capital from public service development funds, State’s loan capital for investment and development purposes or loan capital guaranteed by the Government.
11. “confiscated property” means property under ownership of an organization or individual which is confiscated according to a judgment or decision of a Court or decision of a competent authority or person.
12. “public property information system” means an integrated system of factors concerning technology infrastructure, software, data and procedures developed to collect, store, update, process, analyze, classify and retrieve information about public property.
13. “national public property databases” means a collection of data on public property that is organized for access, operation, management and updating by electronic means.
Article 4. Classification of public property
Public property in this Law shall be classified as follows:
1. Public property used to manage and provide public services and ensure national defense and security of state authorities, people’s armed forces, public service providers, CPV authorities, socio-political organizations, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations, except for the property specified in Clause 4 this Article (hereinafter referred to as “public property at authorities, organizations and units”);
2. Infrastructural property serving national or public interests are technical infrastructure works, social infrastructure facilities, land areas, water areas or territorial waters associated with infrastructure works, including: transport infrastructure, power supply infrastructure, irrigation infrastructure and response to climate change, urban infrastructure, industry cluster infrastructure, industrial zones, economic zones, high-tech zones, commercial infrastructure, information infrastructure, educational and training infrastructure, science and technology infrastructure, medical infrastructure, cultural infrastructure, sports infrastructure, tourism infrastructure and other infrastructure in accordance with provisions of law (hereinafter referred to as “infrastructural property”);
3. Public property at enterprises;
4. Property of state-funded projects;
5. Property established for public ownership according to provisions of law, including: confiscated property; property without owners, property whose owner is unidentified; property that is dropped, forgotten, buried, hidden, sunk and found; property without inheritors and other property belonging to the State as prescribed in provisions of the Civil Code; property whose owner voluntarily transfers ownership to the State; property transferred by the foreign-invested enterprises without reimbursement to the Vietnamese State according to their commitments after the expiry of their operation duration; property invested in the form of public-private partnerships and transferred to the Vietnamese State under project contracts;
6. State-owned money, non-state budget financial funds and foreign exchange reserves of the State;
7. Land; water resources, forest resources, mineral resources, resources in territorial waters, airspace, telephone numbers and other numbers serving state management, Vietnamese Internet resources[3], radio frequency spectrum, orbit satellites and other resources managed by the State according to regulations of law.
Article 5. State policies on management and use of public property
1. The State introduces policies on public property investment, operation and protection.
2. The State modernizes and professionalizes management of public property to enhance efficiency and effectiveness of management and use of public property; provides personnel and financial resources for the management and use of public property.
3. The State encourages both domestic and foreign organizations and individuals to:
a) Invest in science and technology to increase public property and modernize management of public property as prescribed by law;
b) Receive the rights to invest in or operate public property or lease the rights to operate public property as prescribed by law;
c) Provide services related to public property as prescribed by law.
Article 6. Principles of management and use of public property
1. The State grants the rights to manage and use all public property or grants rights in other forms to authorities, organizations and units in accordance with this Law and relevant laws.
2. Public property invested in by the State shall be managed, operated, maintained, repaired, statistically and financially accounted for both exhibits and value; highly risky property due to natural disasters, fires and other force majeure events shall be managed through insurance or other instruments as regulated by law.
3. Public property are resources that shall be inventoried, prepared statistics on exhibits, provided information in line with nature and characteristics of property; managed, protected and operated according to the planning and plans in order to ensure cost-effectiveness and lawfulness.
4. Public property serving management and provision of public services and assurance of national security shall be used in a cost-effective manner, for right purposes, utility, subjects, in accordance with criteria, norms and regulations as prescribed by law.
5. Use of financial resources obtained from public property shall be subjected to market mechanism, effectiveness, transparence and lawfulness.
6. Management and use of public property shall apply the principle of transparence and ensure thrift practice, waste combat, corruption prevention and control.
7. Management and use of public property shall be monitored, inspected and audited; any violations against management and use of public property shall be promptly and strictly handled according to regulations of law.
Article 7. Forms of using financial resources obtained from public property
1. Assign the right to use public property.
2. Grant the right to operate public property.
3. Lease out public property.
4. Transfer or lease out the right to operate or use public property.
5. Use public property for commercial or for joint venture purposes.
6. Use public property to fulfill state obligations.
7. Sell or liquidate public property.
8. Other forms as prescribed by law.
Article 8. Publishing of information about public property
1. Publishing of information about public property shall be carried out fully, promptly and accurately; otherwise actions against violations shall be taken.
2. Published information shall include:
a) Legislative documents, standards, norms and administrative procedures for public property;
b) Construction investment, purchase, allocation, lease, use, repossession, circulation, function conversion, sale, liquidation, destruction and other forms to dispose of public property;
c) Use of financial resources obtained from public property.
3. Forms of publishing:
a) Publishing information about public property on websites of the Government, Ministry of Finance, ministries, ministerial authorities, governmental authorities, other central government authorities and People's Committees of provinces;
b) Openly posting information at authorities, organizations and units that are assigned to manage and use public property;
c) Making announcements at meetings of authorities, organizations and units that are assigned to manage and use public property;
d) Other forms of publishing as prescribed by law.
4. Responsibilities for publishing:
a) The Ministry of Finance shall publish information about public property nationwide;
b) Ministries, ministerial authorities, governmental authorities, other central government authorities and People's Committees at all levels shall publish information about public property within their scope of management;
c) Authorities, organizations and units that are assigned to manage and use public property shall publish information about public property within their scope of management and use;
d) State Audit Office of Vietnam shall publish information about auditing results of management and use of public property and other activities related to that as prescribed in regulations of the Law on State audit.
5. The Government shall elaborate this Article.
Article 9. Community-based monitoring of public property
1. Management and use of public property shall be monitored by the community, except for property related to the state secrets as stipulated in regulations of law on state secret protection. The Vietnamese Fatherland Front shall preside over and cooperate with its members and relevant authorities and organizations to organize community-based monitoring of public property.
2. The Vietnamese Fatherland Fronts at all levels or their members shall receive information and requests for monitoring from people; take charge of making plans and organize the monitoring of public property on schedule and according to regulations of law.
3. Contents of monitoring:
a) Compliance with regulations of law on management and use of public property;
b) Construction investment, purchase, allocation, lease, use, repossession, circulation, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;
c) Use of financial resources obtained from public property;
d) Publishing of information about public property.
4. Forms of monitoring:
a) Studying and reviewing documents of competent state authorities on management and use of public property related to legitimate rights and interests of people;
b) Organizing monitoring delegations;
c) Organizing monitoring visits with competent organizations;
d) Monitoring through activities of People's Inspectorates and Investment Monitoring Boards of communes.
Article 10. Prohibited acts in management and use of public property
1. Taking advantage of and abusing positions and power to illegally occupy and use public property.
2. Investing in construction, purchasing, allocating, leasing or using public property for the improper purposes, against regulations or in excess of criteria and norms.
3. Transfer public property to an authority, organization, unit or individual in excess of the criteria and norms or an authority, organization, unit or individual has no demand for use of public property.
4. Using automobiles and other public property that are given by an organization or individual for the improper purposes, against regulations or in excess of criteria and norms.
5. Using or failing to use transferred public property resulting in waste; use public property for commercial purposes, for lease or for joint venture purposes that fails to serve purposes of use of the property and makes an adverse impact on implementation of functions and tasks assigned by the State; using public property for illegal business.
6. Disposing of public property illegally.
7. Destroying or intentionally damaging public property.
8. Occupying or using public property illegally.
9. Failing to fulfill all responsibilities or obligations in management and use of public property as prescribed by law.
10. Other prohibited acts in management and use of public property as prescribed in relevant regulations of law.
Article 11. Penalties for violations of regulations on management and use of public property
1. Authorities, organizations, units and other entities that commit violations against regulations on management and use of public property shall, depending on nature and severity of the violations, be disciplined, incur an administrative penalty or a criminal prosecution or criminal prosecution; or shall compensate for damage to the State.
2. Heads of authorities, organizations and shall explain and take full or joint responsibility if there are any violations against regulations on management and use of public property happening at their workplaces; and they shall be disciplined or face a criminal prosecution depending on nature and severity of the violations.
Article 12. Details of state management of public property
1. Promulgating and organizing implementation of legislative documents on management and use of public property.
2. Manage transfer of public property; invest in construction, purchase, lease, provide fixed funding for using public property; establish public ownership of property.
3. Manage the use, protection, maintenance and repair of public property; use financial resources obtained from public property.
4. Manage repossession, circulation, function conversion, sale, liquidation, destruction and other forms to dispose of public property.
5. Compile inventories and make reports on public property.
6. Develop and operate public property information systems and national public property databases.
7. Carry out international cooperation in public property.
8. Manage and monitor exercise of rights and fulfillment of obligations of authorities, organizations, units and individuals in management and use of public property.
9. Inspect, examine, monitor, follow and assess the compliance with regulations of law on management and use of public property and impose penalties for violations of regulations thereon.
10. Settle petitions, complaints and denunciations in management and use of public property.
11. Manage services related to public property.
12. Other details prescribed in regulations of relevant law.
Article 13. Tasks and powers of the Government
1. Submit bills, ordinances or resolutions on management and use of public property to the National Assembly or the Standing Committee of National Assembly; promulgate legislative documents on management and use of public property within the Government’s power.
2. Act as an owner’s representative of public property as prescribed by law. Perform uniform management of public property as specified in this Law and relevant law and ensure cooperation among regulatory authorities in management of public property.
3. Elaborate on management of operation, conversion of functions of public property, operation of public property at authorities, organizations and units; use of public property for commercial purposes or for lease or contribution of public property for a joint venture or association; management, use and operation of infrastructural property; use of public property for participation in investment projects in the form of public-private partnerships; use of public property for making payments to investors when carrying out construction projects in the form of build-transfer contracts; procedures for establishing public ownership of property as stipulated in Clauses 2, 3, 4 and 5 Article 106 herein; disposal of public property; financial instruments for risk management of public property; disposal of public property in case of unsuccessful auctions; management and use of proceeds from operation and disposal of public property; collection of land levy, land rent or water surface rent; information public property system and national public property databases; operation of telephone numbers serving state management; rearrangement of management and use of public property at authorities, organizations and units for the right purposes, criteria and norms.
4. Decide or grant power to decide to:
a) Transfer, purchase, lease and dispose of public property at authorities, organizations and units;
b) Use public property for commercial purposes, for lease or contribution of public property to a joint venture or association at authorities, organizations and units;
c) Transfer or dispose of infrastructural property; approve projects on operation of infrastructural property;
d) Use public property to participate in projects in the form of public-private partnerships; use public property to make payments to investors when carrying out construction projects in the form of build-transfer contracts;
dd) Establish public ownership of property; approve plans for disposal of property whose public ownership is established;
e) Purchase, lease and approve plans for disposal of property serving state-funded projects.
5. Protect, investigate, conduct surveys or make plans for operation and disposal of public property that has not been assigned to authorities, organizations or other entities as specified in provisions of this Law and relevant law.
6. Take responsibility to the National Assembly for performance of its rights and responsibilities in management and use of public property; report management and use of public property at the request of the National Assembly.
7. Carry out inspection and examination, settle petitions, complaints and denunciations on public property, impose penalties for violations of law on management and use of public property as prescribed by law.
8. Exercise other rights and fulfill other responsibilities as prescribed in provisions of this Law and relevant law.
Article 14. Tasks and powers of the State Audit Office of Vietnam
State Audit Office of Vietnam shall audit management and use of public property and activities related to that; report and publish information about auditing results according to regulations of the Law on State audit.
Article 15. Tasks and powers of the Ministry of Finance
1. Act as a focal point to assist the Government in ensuring the consistency of state management of public property.
2. Take charge of preparing and submitting to competent authorities for issuing legislative documents on:
a) Regulations on management and use of public property at authorities, organizations and units; granting power to make a decision on management and use of public property;
b) Criteria and norms for the use of workplaces, cars and public property of diplomatic representative offices, consular representative offices, representative offices of international organizations under provisions of law on Vietnamese representative offices and other Vietnamese authorities, organizations and units in foreign countries (hereinafter referred to as “overseas Vietnamese authorities”), machinery, equipment and public property that are commonly used at authorities, organizations and units, except for official-duty houses and special-purpose property of people's armed forces;
c) Regimes for financial management of land and natural resources; regulations on management and disposal of public ownership; regulations on management and use of enterprises’ public property; regulations on management and use of property of state-funded projects and property formed from performing scientific and technological tasks funded by the State.
3. Cooperate with ministries or ministerial authorities in producing legislative documents containing regulations on management and use, criteria and norms for use of public property under state management of such ministries or ministerial authorities.
4. Exercise rights and fulfill responsibilities of owner’s representatives towards public property as prescribed in regulations of law and assigned by the Government; issue and exercise legislative documents on management and use of public property within its power and assigned scope; publish information about public property nationwide.
5. Develop, manage and operate information systems and national database on public property; process data related to management and use of public property; prepare statistics, analyses and forecasts on public property.
6. Gather information about management and use of public property and submit it to the Government to report to the National Assembly.
7. Carry out inspection and examination, settle petitions, complaints and denunciations on public property, impose penalties for violations of law on management and use of public property as prescribed by regulations of law and assigned by the Government.
8. Perform other tasks and exercise other powers as specified in this Law and relevant law and assigned by the Government.
1. Ministries, ministerial authorities, governmental authorities and other central government authorities (hereinafter referred to as “ministries and central government authorities”) have the following tasks and powers:
a) Exercise rights and fulfill responsibilities of owner’s representatives towards public property within scope of their management as prescribed by law and assigned by the Government; publish information about public property within scope of their management;
b) Report management and use of public property in accordance with guidelines of the Ministry of Finance;
c) Inspect, settle petitions, complaints and denunciations on public property, impose penalties for violations of law on management and use of public property under their management as stipulated by law and assigned by the Government;
d) Perform other tasks and exercise other powers as specified in this Law and relevant law and assigned by the Government.
2. Apart from the tasks and powers specified in Clause 1 this Article, ministries and central government authorities shall, within their jurisdiction, perform state management of public property; inspect management and use of public property as prescribed in regulations of law and assigned by the Government.
Article 17. Tasks and powers of People’s Councils at all levels
1. People's Councils at all levels shall monitor the compliance with regulations of law on management and use of public property within scope of their management; exercise other rights and fulfill other responsibilities as prescribed in this Law and relevant law.
2. According to provisions of this Law, assignment given by the Government, People’s Councils of provinces or power granted to manage and use public property shall be controlled within areas of provinces.
Article 18. Tasks and powers of People’s Committees at all levels
1. Exercise rights and fulfill responsibilities of owner’s representatives towards public property within scope of their management. Ensure consistency of management of public property; publish information about public property within scope of their management;
2. People’s Committees of provinces shall report management and use of public property in accordance with guidelines of the Ministry of Finance or upon requests of People’s Councils of provinces. People’s Committees of districts and communes shall report management and use of public property within scope of their management at the request of People’s Committees of provinces or People’s Councils of districts and communes.
3. Carry out inspection and examination, settle petitions, complaints and denunciations on public property, impose penalties for violations of law on management and use of public property under their management as stipulated by law.
4. Exercise other rights and fulfill other responsibilities as specified in this Law and relevant law and assigned by People’s Councils of provinces.
Article 19. Performing tasks of management of public property
1. The Minister of Finance shall assign the public property management agency affiliated to the Ministry of Finance to assist the Minister of Finance to:
a) Perform tasks and exercise powers for state management of public property as specified in Article 15 herein;
b) Directly manage and dispose of certain public property as prescribed in this Law and relevant law.
2. A Minister or head of a central authority shall assign one agency or unit under the management of the Ministry or central authority to act as a focal point to assist the Minister or head of the central authority to:
a) Perform tasks and exercise powers for state management of public property as specified in Article 16 herein;
b) Directly manage and dispose of certain public property as prescribed in this Law and relevant law.
3. People’s Committees of provinces or districts shall assign finance authorities of provinces or districts to assist the People’s Committees to:
a) Perform tasks and exercise powers for state management of public property as specified in Article 18 herein;
b) Directly manage and dispose of certain public property as prescribed in this Law and relevant law.
4. Specialized authorities affiliated to People’s Committees of provinces or districts shall assist People’s Committees thereof in performing the tasks of state management of public property as prescribed by law.
REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT AUTHORITIES, ORGANIZATIONS AND UNITS
Article 20. Public property at authorities, organizations and units
1. Office buildings, public service works, official-duty houses and other property pertaining to the land of workplaces, public service facilities and official-duty houses.
2. Use rights of the land of workplaces, public service facilities and official-duty houses.
3. Automobiles and other means of transport; machinery and equipment.
4. Intellectual property rights, application software and database.
5. Other public property as prescribed by law.
Article 21. Authorities, organizations and units that are assigned to manage and use public property
1. Regulatory authorities.
2. People’s Armed Forces.
3. Public service providers.
4. CPV authorities.
5. Socio-political organizations; socio-political and professional organizations; social organizations, social-professional organizations and other organizations that are established according to regulations of law on associations.
1. Rights of authorities, organizations and units that are assigned to manage and use public property:
a) Use public property to serve their operations according to assigned functions and tasks;
b) Take measures to protect, operate and use allocated public property effectively in accordance with prescribed regulations;
c) Have legitimate rights and interests protected by the State;
d) File complaints and lawsuits according to regulations of law;
dd) Other rights as prescribed by law.
2. Obligations of authorities, organizations and units that are assigned to manage and use public property:
a) Protect and use public property for the right purposes and in accordance with criteria, norms and regulations; ensure cost-effectiveness;
b) Prepare and manage documents on public property, keeping financial accounts, compile inventories, reassess public property as stipulated regulations of this Law and law on accounting;
c) Report and publish information about public property as prescribed herein;
d) Fulfill financial obligations in the use of public property;
dd) Transfer public property to the State if there is any decision on its repossession made by competent authorities;
e) Be subject to inspection and monitoring carried out by competent state authorities; community-based monitoring of officials, public employees and people’s inspectorate in management and use of public property within their scope of management;
g) Other obligations as prescribed by law.
1. Rights of heads of authorities, organizations and units that are assigned to manage and use public property:
a) Organize management and use of public property to carry out functions and tasks assigned by the State;
b) Monitor and inspect management and use of public property;
c) Impose penalties for violations of management and use of public property within their power or request competent authorities and persons to do so;
d) Other rights as prescribed by law.
2. Obligations of heads of authorities, organizations and units that are assigned to manage and use public property:
a) Issue and organize implementation of regulations on management and use of public property allocated by the State;
b) Comply with regulations of this Law and relevant
law; ensure public property is used for the right purposes, in accordance with
standards, norms and regulations and in a cost-effective manner;
c) Take legal responsibilities for management and use of public property allocated by the State;
d) Resolve complaints and denunciations within their power and take responsibilities for their explanations as prescribed in regulations of law;
dd) Other obligations as prescribed by law.
Section 2. CRITERIA AND NORMS FOR THE USE OF PUBLIC PROPERTY AT AUTHORITIES, ORGANIZATIONS AND UNITS
Article 24. Criteria and norms for the use of public property
1. Criteria and norms for the use of public property at authorities, organizations and units are regulations on types, quantity, prices and entities eligible to use public property and are issued by competent authorities.
Prices in norms of using public property are defined as prices including payable taxes; in the cases where tax exemption is granted, exempted tax amounts shall be fully accounted for.
2. Criteria and norms for the use of public property are used as a basis for making plans and estimating costs; assignment, construction investment, purchase and lease of property, provide fixed funding for public property; management, use and disposal of public property at authorities, organizations and units.
Article 25. Principles of issuance of criteria and norms for use of public property
1. Intra vires.
2. Obeying procedures for issuance as prescribed by law.
3. Being suitable for assigned functions and tasks; capacity of the state budget; degree of autonomy of public service providers.
Article 26. Power to issue criteria and norms for use of public property
1. The Government shall set criteria and norms for the use of the following public property:
a) Workplaces, public service facilities;
b) Automobiles;
c) Public property of overseas Vietnamese authorities.
2. The Prime Minister shall set criteria and norms for the use of the following public property:
a) Special-purpose property of people’s armed forces;
b) Official-duty house;
c) Machinery, equipment and public property that are commonly used at authorities, organizations and units, except for the public property specified in Clause 1 this Article.
3. Based on regulations of competent authorities specified in Clause 1 and Clause 2 this Article, ministries and ministerial authorities shall provide detailed guidelines for criteria and norms for the use of single-purpose property within scope of their management.
4. Based on regulations of competent authorities specified in Clauses 1, 2 and 3 this Article, ministries and central government authorities shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property at authorities, organizations and units within scope of their management, except for provisions of Clause 7 this Clause.
5. Based on regulations of competent authorities and persons specified in Clauses 1, 2 and 3 this Article and after reaching an agreement with the Standing Committees of People’s Councils and People's Committees of provinces shall set or grant power to make a decision on application of criteria and norms for the use of single-purpose property of authorities, organizations and units within scope of their management, except for provisions of Clause 7 this Clause.
6. For the public property that is not specified in Clauses 1, 2 and 3 this Clause, competent authorities stated in Clause 4 and Clause 5 this Clause shall set standards and norms to apply within their scope of management.
7. Heads of public service providers shall cover their own recurrent expenses and investment expenses to make a decision on application of criteria and norms for the use of public property at their workplaces, excluding criteria and norms for area of workplaces, automobiles, machinery and equipment of managing titles.
1. Ministries, central government authorities and People’s Committees of all levels shall conduct inspection of the compliance with criteria and norms for the use of public property within scope of assigned tasks and powers.
2. Authorities, organizations and units that are assigned to manage and use public property shall inspect the compliance with criteria and norms for the use of public property.
3. Inspection of the compliance with criteria and norms for the use of public property shall be carried out in the entire process of construction investment, purchase, allocation, lease, use and disposal of public property.
4. During the process of inspection, if any violations against regulations on criteria and norms for the use of public property are found, authorities, organizations and units specified in Clause 1 and Clause 2 this Article shall promptly impose penalties for such violations within their competence or report them to competent authorities.
Section 3. REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY OF REGULATORY AUTHORITIES
Article 28. Forming public property at regulatory authorities
1. Sources of forming public property at regulatory authorities shall include:
a) Property in kind that is allocated by the State;
b) Property that is built or purchased by provision of the state budget or other funding as prescribed in regulations of law.
2. The formation of public property of regulatory authorities shall:
a) Comply with assigned functions and tasks; criteria and norms for the use of public property issued by competent authorities;
b) Be suitable for source of property and sources of funding permitted to be used;
c) Follow methods and procedures specified in this Law and relevant law;
d) Ensure publicity, transparence and compliance with regulations.
Article 29. Allocation of property in kind to regulatory authorities
1. The State allocates property in kind to regulatory authorities if there is lack of property compared to standards and norms.
2. Property allocated to state authorities shall include:
a) Property invested in construction or purchased by the State;
b) Property repossessed as specified in Article 41 herein;
c) Property of state-funded projects as specified in Section 1 Chapter VI herein;
d) Property whose public ownership is established as specified in Section 2 Chapter VI herein;
dd) Land allocated to build workplaces as prescribed in regulations of law on land;
e) Other public property as prescribed by law.
3. Power to decide to allocate public property shall be granted by the Government and according to the following provisions:
a) The Minister of Finance shall decide to allocate public property in accordance with provisions of Points a, b, c, d and e Clause 2 this Article to ministries, central government authorities and People’s Committees of provinces, except for the property specified in Point b and Point c this Clause;
b) Ministers and heads of central government authorities shall decide to allocate public property that is specified in Points a, b, c, d and e Clause 2 this Article and invested in construction, purchased or managed by ministries and central government authorities to state authorities within scope of their management;
c) People’s Committees of all levels shall decide to allocate public property that is specified in Points a, b, c, d and e Clause 2 this Article and invested in construction, purchased or managed by them to state authorities within scope of their management;
d) People’s Committees of provinces shall allocate public property according to provisions of Point dd Clause 2 this Article and regulations of law on land.
4. Authorities managing public property shall transfer property according to decisions made by competent authorities specified in Points a, b and c Clause 3 this Article.
Article 30. Investment in construction of workplaces of state authorities
1. Workplaces of state authorities shall be invested in construction if:
a) State authorities whose workplaces are not available or fails to satisfy working conditions as prescribed in regulations of law that the State has no workplace and not subject to lease of workplaces;
b) Workplace systems are rearranged to satisfy requirements for administrative reform.
2. Construction investment of workplaces shall be made in any of the following forms:
a) Administration complexes;
b) Separate workplaces.
3. Administration complex means a complex of workplaces whose planning and construction are put together in one place that is convenient for the use of multiple authorities, organizations and units. Investment in construction of administration complex shall:
a) Ensure cost-effectiveness, reduction in administrative costs and simplification in transaction for organizations and individuals;
b) Meet targets and requirements for working modernization; planning and plans for land use, urban planning; approved payroll orientation, criteria and norms for the use of workplaces;
c) Funding for construction of an administration complex shall be provided from the state budget and other capital as prescribed in regulations of law; authorities, organizations and units whose workplaces are located in an administration complex shall transfer their workplaces located in the previous locations to competent authorities.
4. Construction investment of workplaces shall be made in any of the following forms:
a) Assign a qualified organization to invest in construction of workplaces in the form of an administration complex;
b) Assign a state authority to directly use workplaces or a qualified organization to invest in construction of workplaces in the form of separate workplaces.
Such authority and organization shall have full capacity to invest in construction of workplaces in accordance with regulations of law on construction and relevant law;
c)[4] (repealed)
d) Other forms as prescribed by law.
5. [5] (repealed)
Article 31. Purchase of public property serving operation of state authorities
1. Purchase of workplaces and other public property shall apply in the cases where state authorities lack property compared to criteria and norms but the State has no property for allocation and not subject to lease or provision of fixed funding for the use of public property.
2. Public property shall be purchased in the form of which the purchase is made once (concentrated purchase) or multiple times.
3. Concentrated purchase shall compulsorily apply to property on the list of concentrated purchase as prescribed in regulations of law on bidding.
In the cases where the property is not on the list of concentrated purchase but multiple authorities, organizations and units wish to purchase the same property, they may gather contracts as one to assign the purchase to one of the purchasing authorities or organizations or concentrated purchasing units.
4. Selection of contractors providing property shall be made according to regulations of law on bidding.
Article 32. Lease of property serving operation of state authorities
1. State authorities are entitled to lease property serving their operation when they lack property compared to criteria and norms if:
a) The State has no property for allocation as specified in Article 29 herein and is not subject to provision of fixed funding as stipulated in Clause 1 Article 33 herein;
b) The property is used for a short period of time or irregularly;
c) Lease of property is more effective than investment in construction and purchase.
2. Form of lease and selection of contractors providing property lease service shall be made according to regulations of law.
3. Lease purchase of property shall comply with provisions of this Article and relevant law.
Article 33. Provision of fixed funding for the use of public property at state authorities
1. Provisions of fixed funding for the use of public property shall apply to official-duty houses, cars for transporting officials, cars serving general business of state authorities and other property in accordance with regulations on management and use of each type of public property.
2. Provision of fixed funding shall apply to entities that are eligible for using public property.
3. The Government shall specify subjects and methods to determine amount of and payment for fixed funding to use public property.
Article 34. Use of public property at state authorities
1. Use of public property shall conform to the principles specified in Article 6 herein.
2. Lending or using public property for private purposes shall be banned.
3. State authorities are allowed to use the hall and means of transport which have not yet been fully used to for allocation to state authorities, people's armed forces, public service providers, CPV authorities, socio-political organizations for jointly use in accordance with utility of property, security and safety and have to rights to collect an expense to cover direct expenses related to operation of the property in the period of use according to regulations of the Government.
4. State authorities are eligible to use official-duty houses, intellectual property rights, application software, database and other public property to operate in accordance with regulations of this Law and relevant law; management and use of proceeds shall comply with regulations of law.
Article 35. Operations management of public property at state authorities
1. Methods of operations management of public property:
a) State authorities assigned to manage and use public property shall directly manage the operation of such property;
b) Authorities assigned to manage administration complexes shall manage the operation of administration complexes;
c) Hiring units responsible for operations management of public property.
2. Contents of operations management of public property:
a) Control, maintain operation and keep the public property in good conditions regularly;
b) Provide security, environmental services and other services to ensure regular operation of public property.
3. Selection of units responsible for operations management of public property specified in Point c Clause 1 this Article shall comply with regulations of law on bidding. State authorities having public property or authorities assigned to manage administration complexes shall conclude contracts and pay for administration costs to units responsible for operations management of public property.
Article 36. Use of land pertaining to workplaces of state authorities
1. State authorities shall be allocated land for long-term use without collection of land levy to build workplaces in accordance with functions and assigned tasks, criteria and norms for the use of public property, planning and plans for using land.
2. Rights and obligations of state authorities whose land is allocated shall comply with regulations of law on land.
3. [6] (repealed)
Article 37. Preparation and management of documents on public property at state authorities
1. State authorities assigned to manage and use public property and authorities and units assigned to manage administration complexes shall prepare and manage documents on allocated property.
2. Documents on public property shall contain:
a) Documents related to property form and fluctuation;
b) Reports on property management and use and other reports on property;
c) Data on property of state authorities in national database on public property.
1. Public property shall be statistically and financially accounted for both exhibits and value in accordance with regulations of law on statistics, law on accounting and relevant law.
2. Public property is a fixed asset and shall be depreciated according to regulations of law.
3. State authorities assigned to manage and use public property shall compile an inventory of property at the end of the annual accounting period and an inventory under a decision on inventory and re-evaluation of public property made by the Prime Minister; determine the excess or lack of property and causes for handling according to regulations of law; make reports on management and use of public property.
4. Re-evaluation of public property value shall be carried out in the following cases:
a) Compiling an inventory or re-evaluating public property according to the Prime Minister’s decision;
b) Upgrading or extending the property according to a project approved by a competent authority;
c) Allocating, compiling an inventory or circulating property which has not been recorded in accounting books;
d) Selling or liquidating property;
dd) Property that is extremely damaged due to natural disasters, fire or other causes;
e) Other cases as prescribed by law.
5. Re-evaluation of public property value shall comply with regulations of this Law, law on accounting and relevant law.
Article 39. Maintenance and repair of public property at state authorities
1. State authorities assigned to manage and use public property or authorities responsible for operations management of public property shall maintain and repair the property in accordance with regulations, criteria, economic-technical norms issued by competent authorities specified in Clause 3 this Article.
2. The State provides funding for maintenance and repair of public property at state authorities under regulations, criteria and economic-technical norms.
3. Power to issue regulations, criteria and economic-technical norms for maintenance and repair:
a) Ministries responsible for management of lines and fields shall specify regulations, criteria and economic-technical norms for maintenance and repair of public property within scope of their management;
b) For public property for which regulations, criteria and economic-technical norms as defined in Point a this Clause are unavailable, based on manufacturers' instructions and actual use of property, ministers and heads if central government authorities and chairpersons of People's Committees or provinces shall specify or grant power to specify policies, criteria and economic-technical norms for maintenance and repair applicable to public property within scope of their management.
Article 40. Forms to dispose of public property at state authorities
1. Repossession.
2. Circulation.
3. Sale.
4. Using public property to make payments to investors when executing construction projects in the form of build-transfer contracts.
5. Liquidation.
6. Destruction.
7. Dealing with public property if it is lost or damaged.
8. Other forms as prescribed by law.
Article 41. Repossession of public property at state authorities
1. Public property shall be repossessed if:
a) A workplace has not been operated continuously for over 12 months;
b) The State appoints a new location of workplace or invests in construction of another workplace to replace the current one;
c) Property is used for improper subjects, exceeding criteria and norms; used for improper purposes or lent;
d) Property is transferred, sold, given, contributed capital or used to ensure the fulfillment of civil obligations illegally; used for commercial purposes, for lease or for joint venture purposes illegally;
dd) Property has been allocated, invested in construction, purchases but no longer used or the use and operation of property is not effective or demand for use is declined due to change in organizational structure, functions or tasks;
e) Property is replaced due to demand for technical and technological innovation according to a competent authority's decision;
g) A competent state authority assigned to manage and use property voluntarily returns it to the State;
h) Other cases as prescribed by law.
2. State authorities having property repossessed shall transfer it to the authorities specified in Clause 3 this Article in compliance with a decision on repossession. Dismantling or change of components of the property that have been repossessed shall be banned.
3. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall:
a) Receive repossessed property according to a competent authority's decision; carry out or authorize a state authority having property repossessed to carry out storage, protection, maintenance or repair of property pending the disposal of the property;
b) Make plans to dispose of or operate repossessed property to submit them to a competent authority for approval; dispose of or operate property according to plans approved by a competent authority.
4. Repossessed public property shall be disposed of in the following forms:
a) Allocation of such property to an authority, organization or unit for management or use as specified in Article 29 herein;
b) Circulation of such property as specified in Article 42 herein;
c) Sale or liquidation of such property as specified in Article 43 and Article 45 herein;
d) Destruction of such property as specified in Article 46 herein;
dd) Other forms of disposal depending on the Prime Minister’s decision.
Article 42. Circulation of public property
1. Public property shall be circulated in the following cases:
a) There is a change of management authorities, organizational structure or decentralized authority to manage public property;
b) The circulation is made from the excess to lack of property according to criteria and norms for the use of public property specified by a competent authority.
c) The property circulation brings in higher efficiency;
d) A state authority is assigned to manage and use property but has no demand for regular use;
dd) Other cases as prescribed by law.
2. Circulation of public property shall only be made among state authorities, people’s armed forces, public service providers, CPV authorities, socio-political organizations, except for a special case decided by the Prime Minister at the request of the Minister of Finance and relevant ministers, heads of central government authorities and chairpersons of People’s Committees of provinces.
3. State authorities having property circulated shall preside over and cooperate with authorities or organizations eligible for receiving property in property circulation and receipt. Authorities, organizations or units eligible for receiving property shall make payments for reasonable costs related to property circulation and receipt. No payment for value of property shall be made in case of circulation of public property.
Article 43. Sale of public property at state authorities
1. Public property shall be sold in the following cases:
a) Repossessed property is offered for sale as prescribed in Article 41 herein;
b) A state authority assigned to use public property no long uses or less uses due to a change of organizational structure, functions, tasks or other causes in which the property is not repossessed or circulated;
c) Management and use of public property are rearranged;
d) Public property is liquidated as specified in Article 45 herein.
2. Public property shall be sold in the form of an auction, excluding the cases of selling public property with low value when the price listing is made public or assigned sale as prescribed in regulations of the Government.
3. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or state authorities having property for sale shall make the sale of property in accordance with regulations of law.
1. The State allows using public property to make payments to investors when executing construction projects in the form of build-transfer contracts as stipulated in regulations of law on investment.
2. Use of public property to make payments to investors when executing construction projects in the form of build-transfer contracts shall comply with principle of equal value; the value of public property shall be determined according to the market price from the day on which the payment is made.
3. The value of construction projects executed in the form of build-transfer contracts shall be determined according to regulations of law on investment, law on construction and relevant law.
4. Selection of investors that are eligible to execute construction projects in the form of build-transfer contracts shall conform to regulations of law on bidding.
5. The value of public property used to make payments to for construction projects executed in the form of build-transfer contracts shall be aggregated with the state budget in compliance with regulations of law on the state budget.
6. Exercise of land use rights and use of land and property attached to land to make payments to investors when executing construction projects in the form of build-transfer contracts shall comply with provisions of this Article and Article 117 herein.
Article 45. Liquidation of public property at state authorities
1. Public property shall be liquidated in the following cases:
a) Public property has reached its useful life in accordance with regulations of law;
b) Public property has not reached its useful life but has been damaged beyond repair or the repair thereof has proved ineffective;
c) Office buildings or other property attached to land must be demolished according to a competent state authority’s decision.
2. Public property shall be liquidated in the forms of:
a) Demolition or destruction Materials and supplies recovered from such demolition or destruction shall be offered for sale;
b) Sale.
3. Based on regulations of competent authorities, state authorities having property liquidated shall carry out liquidation in the forms specified in Clause 2 this Article. Liquidation of public property in the form of sale shall comply with provisions of Article 43 herein.
Article 46. Destruction of public property at state authorities
1. Public property shall be destroyed according to regulations of law on state secret protection, law on environmental protection and relevant law.
2. Forms of public property destruction shall include:
a) Using chemicals;
b) Taking mechanical measures;
c) Burning or burying;
d) Other forms as prescribed by law.
3. Ministers, heads of central government authorities and chairpersons of People’s Committees of provinces shall assign authorities having property or other authorities responsible for property destruction to destroy public property according to the forms specified in Clause 2 this Article and relevant laws.
Article 47. What to do with lost and damaged public property
1. If public property is lost or damaged due to natural resources, fire or other causes, a state authority assigned to manage and use public property shall:
a) Report the loss of or damage to property and responsibilities of relevant organizations and individuals to a competent authority or person;
b) Make property write-offs and delegate responsibilities to relevant organizations and individuals according to a competent authority’s or person’s decision.
2. If the lost or damaged property is compensated by an insurance company or a relevant entity, the allocated property shall be compensated in kind or the amount of compensation shall be used for investment in construction or purchase of new property to replace the lost or damaged one shall comply with provision of Articles 28, 29, 30 and 31 herein.
1. The proceeds earned from disposal of public property shall be transferred to temporary accounts at a state treasury after deducting expenses related to the disposal of the property, the remainder shall be transferred to the state budget.
2. Costs related to disposal of public property shall be estimated and approved by a competent state authority. Costs related to disposal of public property shall consist of:
a) Cost of inventory or measurement;
b) Cost of relocation, demolition or destruction;
c) Cost of evaluation of property;
d) Cost of holding an auction;
dd) Other reasonable costs.
3. State authorities that are granted permission to dispose of public property to purchase new property shall be given priority in allocation of fixed funding provided by the state budget.
State authorities that are granted permission to dispose of public property which is a workplace and have a project on construction, purchase, renovation or upgrading of workplace shall be given priority in capital allocation of public investment scheme and priority in allocation of fixed funding provided by the state budget.
Article 49. Management and use of public property of overseas Vietnamese authorities
1. Management and use of public property of overseas Vietnamese authorities shall comply with criteria, norms and regulations issued by competent authorities in Vietnam as prescribed in regulations of this Law and relevant law.
2. Management and use of public property of an overseas Vietnamese authority shall apply in the following order:
a) Treaty to which the Socialist Republic of Vietnam and the host country are signatories;
b) Host country’s laws;
c) Vietnam’s laws.
3. The Government shall elaborate regulations on management and use of public property of overseas Vietnamese authorities.
Section 4. REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY OF PUBLIC SERVICE PROVIDERS
Article 50. Forming public property at regulatory authorities
1. Sources of forming public property of a public service provider shall include:
a) Public property in kind allocated by the State as prescribed to the state authorities specified in Article 29 herein;
b) Property that is built or purchased using state funding, public service development funds, property depreciation funds or other sources of funding as prescribed in regulations of law;
c) Property formed from loans, raised capital, joint venture or association activities with organizations and individuals in accordance with the law.
2. The formation of public property of public service providers shall conform to the principles specified in Clause 2 Article 28 herein.
3. In case of formation of public property specified in Point c Clause 1 this Article, apart from conforming to the principles stipulated in Clause 2 Article 28 herein, it is required that the following provisions be applied:
a) There shall be projects on joint venture or association; methods of loan borrowing, raising and refund that are approved by a competent authority or person;
b) Public service providers shall pay debts and other relevant costs themselves; take legal responsibility for efficiency in loan borrowing, capital raising, joint venture or association.
Article 51. Investment in construction of public service facilities
1. The investment in construction of public service facilities, including the use of borrowed capital, raised capital and joint ventures shall be carried out when the following requirements are fully satisfied:
a) There is no public service facility or a public service facility whose area is inadequate compared to criteria and norms;
b) The State has no property to allocate and does not fall into the case of leasing a public service facility.
2. Investment in construction of public service facilities shall comply with regulations of law on public investment, law on construction and relevant law.
3. Public investments or state budget shall not be allocated to invest in construction of new property that is used for commercial purposes, for lease, for joint venture or association purposes only.
4. [7] (repealed)
Article 52. Purchase of public property serving operation of public service providers
1. Purchase of a public service facility and other property shall be made when the following requirements are fully met:
a) There is lack of property compared to criteria and norms;
b) The State has no property to allocate and the public service facility is not either for lease or provided fixed funding for using property.
2. State budget shall not be allocated to purchase public property that is used for commercial purposes, for lease, for joint venture or association purposes only.
3. Forms of purchasing public property and methods of selecting contractor providing property serving the operation of public service providers shall comply with provisions of Clauses 2, 3 and 4 Article 31 herein.
Lease of property and provision of fixed funding for the use of public property of public service providers shall conform to regulations of Article 32 and Article 33 herein.
Article 54. Use and operations management of public property of public service providers
1. Use of public property shall conform to the principles specified in Article 6 herein.
2. Lending or using public property for private purposes shall be banned.
3. Use of public property for commercial purposes, for lease, for joint venture or association purposes shall comply with regulations of Articles 55, 56, 57 and 58 herein and relevant regulations of law.
4. Public service providers are entitled to use official-duty houses, intellectual property rights, application software, database and other public property to operate in accordance with provisions of this Law and relevant law; management and use of proceeds shall comply with regulations of law.
5. Public service providers are not permitted to use public property for mortgage or take measures for ensuring the fulfillment of other civil obligations if:
a) The public property is allocated by the State;
b) The public property is built or purchased using state funding;
c) Land use rights, except for land use rights used for commercial purposes, for lease, for joint venture or association purposes and the land rent has been paid in lump sum not derived from the state budget after ministers or heads of central government authorities grant permission to central-affiliated public service providers and chairmen of People’s Committees of provinces grant permission to public service providers of provinces.
6. Operations management, preparation and management of documents on public property of public service providers shall apply to the state authorities specified in Article 35 and Article 37 herein.
1. Public service providers are entitled to use public property for commercial purposes, for lease for joint venture or association purposes in the cases specified in Clause 1 Article 56, Clause 1 Article 57 and Clause 1 Article 58 herein.
2. Use of public property for commercial purposes, for lease, for joint venture or association purposes shall satisfy the following requirements:
a) Being granted permission by the competent authorities specified in Clause 2 Article 56, Clause 2 Article 57 and Clause 2 Article 58 herein;
b) Not affecting the performance of functions and tasks assigned by the State;
c) Not losing the public property ownership; preserving and developing capital and property allocated by the State;
d) Using the property for the right purposes assigned and purposes of construction investment, purchase; fulfilling functions and tasks of public services providers;
dd) Increasing capacity and efficiency of using the property;
e) Ensuring the depreciation of fixed assets, fulfilling obligations on tax, fees, charges and other state financial obligations towards the State as prescribed by law;
g) The State does not provide funding for maintenance or repair of public property that is used for commercial purposes, for lease, for joint venture or association purposes only; public service providers shall use proceeds earned from business, lease, joint venture, or association to maintain or repair public property as prescribed;
h) Ensuring the market mechanism and complying with regulations of relevant law.
3. Public service providers using public property for commercial purposes, for lease, for joint venture or association purposes shall:
a) Make plans for using public property for commercial purposes, for lease, for joint venture or association purposes to submit them to a competent authority or person for decision;
b) Organize the implementation of approved plans;
c) Update information about the use of public property for commercial purposes, for lease, for joint venture or association purposes to the national public property databases;
d) Fulfill all requirements specified in Clause 2 this Article.
4. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall:
a) Assess and submit plans for using public property for commercial purposes, for lease, for joint venture or association purposes to competent authorities specified in Clause 2 Article 56, Clause 2 Article 57 and Clause 2 Article 58 herein or make a request for such plans according to the Ministry of Finance’s guidelines;
b) Receive, manage and publish information about the use of public property for commercial purposes, for lease, for lease, for joint venture or association purposes.
5. The proceeds earned from business, lease, joint venture or association shall be aggregated separately and kept all accounts as prescribed in regulations of law on accounting and shall be managed and used as follows:
a) Making payment for relevant costs;
b) Making repayment for loans or raised capital (if any);
c) Discharging financial obligations to the State;
d) Managing and using the remaining proceeds according to regulations of the Government.
Article 56. Use of public property of public service providers for commercial purposes
1. A public service provider is entitled to use public property for commercial purposes in the following cases:
a) The property is allocated, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;
b) The property is invested in construction or purchased in accordance with a project approved by a competent authority for commercial purposes that is not funded by the state budget.
2. Power to approve plans for using property for commercial purposes:
a) Ministers, heads of central government authorities and Chairpersons of People’s Committees of provinces shall approve plans towards property being public service facilities; other property with high value as prescribed by the Government;
b) Management councils or heads of public service providers shall approve plans towards property that is not specified in Point a of this Clause.
Article 57. Use of public property of public service providers for lease
1. A public service provider is entitled to lease out public property in the following cases:
a) The property is allocated, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;
b) The property is invested in construction or purchased in accordance with a project approved by a competent authority for lease that is not funded by the state budget.
2. Power to approve plans for the lease of public property of public service providers:
a) Ministers, heads of central government authorities and Chairpersons of People’s Committees of provinces shall approve plans towards property being public service facilities; other property with high value as prescribed by the Government;
b) Management councils or heads of public service providers shall approve plans towards property that is not specified in Point a of this Clause.
3. Form of lease and property rent:
a) The property which is a public service facility and other property with high value as prescribed by the Government shall be leased out in the form of an auction; property rent shall be the final bid;
b) The property that is not specified in Point a this Clause shall be leased out by negotiation; property rent shall be negotiated by and between the lessor and the lessee according to the rent listed on the market of the property with the same type or the property having the same specification, quality or origin.
1. A public service provider is entitled to use public property to associate with a foreign or domestic entity in the following cases:
a) The property is allocated, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;
b) The property is invested in construction or purchased in accordance with a project approved by a competent authority for joint venture or association purposes that is not funded by the state budget;
c) Use of public property for joint venture or association purposes brings in greater efficiency in providing public services according to assigned functions and tasks.
2. Ministers or heads of central government authorities shall approve plans for using of property of public service providers within scope of their management for joint venture or association purposes after a written opinion of the Ministry of Finance is given; chairpersons of People’s Committees of provinces shall approve plans for using property of public service providers within their power for joint venture purposes after written opinions of Standing Committee of People’s Councils of provinces are given.
3. In the cases where the property is treated as contributed capital when carrying out joint venture according to regulations of law, the value of the property shall be determined as follows:
a) If the property is the use right of the land subject to capital contribution as prescribed in regulations of law on land, the value of land use right shall be determined according to the market price from the day on which the capital is contributed for joint venture;
b) If the property pertains to the land subject to capital contribution as prescribed in regulations of law on land and relevant law, the value of the property shall be determined according to the remaining actual value as a result of re-evaluation from the day on which the capital is contributed for joint venture or association;
c) If the property is a brand of a public service provider, the value of such brand to contribute capital for joint venture or association shall be determined according to Vietnam’s valuation standards, law on intellectual property and relevant law;
d) If the property is not specified in Points a, b and c this Clause, the value of property shall be determined according to the market price on the date of carrying out joint venture or association of the property with the same type or property having the same specifications, quality or origin.
1. Public property of public service providers shall be promptly and fully prepared statistics and kept financial accounts according to regulations of law on accounting, law on statistics and relevant law.
2. Re-evaluation of public property value shall be carried out in the following cases:
a) Compiling an inventory or re-evaluating public property according to the Prime Minister’s decision;
b) Upgrading or extending the property according to a project approved by a competent authority;
c) Allocating, compiling an inventory or transferring property which has not recorded in accounting books;
d) Selling or liquidating public property;
dd) Property that is extremely damaged due to natural disasters, fire or other causes;
e) Using the property for joint venture purposes to ensure the fulfillment of civil obligations;
g) Disposing of public property when converting the operation of a public service provider;
h) Other cases as prescribed by law.
3. Re-evaluation of public property value shall comply with regulations of this Law, law on accounting and relevant law.
4. Public service providers assigned to manage and use public property shall compile an inventory of property at the end of the annual accounting period and an inventory under a decision on inventory and re-evaluation of public property made by the Prime Minister; determine excess or lack of property and causes for handling according to regulations of law; make reports on management and use of public property.
Article 60. Maintenance and repair of public property of public service providers
1. Maintenance and repair of public property of public service providers shall comply with regulations of Clause 1 and Clause 3 Article 39 herein.
2. Funding for maintenance and repair of public property of public service providers shall be guaranteed by their funding that is permitted to use; the public property used for commercial purposes, for lease or for joint venture or association purposes shall apply to provisions of Point g Clause 2 Article 55 herein.
Article 61. Depreciation of fixed assets of public service providers
1. Fixed assets of public service providers shall be depreciated. Fixed assets of public service providers that are depreciated shall include:
a) Fixed assets that are guaranteed to be operating costs and investment costs;
b) Fixed assets subject to full depreciation of fixed assets into service charges as prescribed by law;
c) Fixed assets that are not specified in Point a and Point b this Clause and used for commercial purposes, for lease, for joint venture or association purposes.
2. Depreciation expense of each fixed asset shall be allocated for each activity related to public service, business, lease, joint venture or association to record cost of each corresponding activity.
3. The money depreciated from fixed assets shall be added to public service development funds of public service providers. Where the fixed assets are invested or purchased from loans or raised capital, the money depreciated from such fixed assets shall be used for debt payment; the remaining amount of money shall be added to public service development funds of public service providers.
Article 62. Disposal of public property of public service providers
1. Forms of disposal of public property of a public service provider:
a) Disposal of public property specified in Article 40 herein;
b) Disposal of public property in case of converting operating model of the public service provider.
2. Disposal of public property of public service providers in the forms specified in Article 40 herein shall comply with regulations of Articles 41, 42, 43, 44, 45, 46 and 47 herein.
Disposal of public property in case of converting operating model of the public service provider shall conform to regulations of Article 63 herein.
3. The proceeds earned from disposal of public property after deducting relevant costs, repaying loans or raised capital (if any) and discharging financial obligations to the State shall be added to public service development funds; if public service providers have operating costs covered by the State, such remaining amount shall be transferred to the state budget.
The proceeds earned from transfer of land use rights after deducting relevant costs shall be handled as follows:
a) The proceeds shall be transferred to the state budget according to regulations of law on state budget. Where a public service provider executes a project on investment in construction, purchase, renovation or upgradation of a public service facility, the proceeds shall be included in the public investment plan and in the state budget expenditure estimate;
b) The proceeds shall be added to a public service development fund in case land use rights are acquired from the receipt or from the lease of land with land rent paid in a lump sum for the entire lease term and the paid land rent is not derived from the state budget.
1. Upon obtaining the competent authority’s decision to convert a public service provider into an enterprise, the disposal of public property of the public service provider shall be carried out as follows:
a) Compile an inventory and classify property which it is managing and using;
b) Dispose of abundant or inadequate property, property that is no longer used or property pending liquidation according to regulations;
c) Determine the property value to be added to value of the converted public service provider;
d) Decide to allocate public property of the public service provider to the enterprise after conversion;
dd) Transfer property to the enterprise converted from the public service provider;
e) After the transfer, the enterprise converted from the public service provider shall complete the documents on property and land and submit them to a competent authority for the transfer of the rights to manage and use property from the public service provider to the enterprise; follow administrative procedures and fulfill financial obligations according to regulations of law on land and relevant laws.
2. The Government shall elaborate this Article.
Section 5. REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY OF PEOPLE'S ARMED FORCES
Article 64. Public property of People's Armed Forces
Public property of people’s armed forces is the property allocated by the State to the Ministry of National Defense or the Ministry of Public Security for the purposes of management and use to serve the performance of national security tasks and other tasks assigned by the State, including:
1. Special-purpose property:
a) Weapons, military equipment, explosive materials, special support instruments; vehicles, and technical professional equipment;
b) Land and construction works attached to land, including: combat works, strategic defense works; works to ensure security operations; works serving research, fabrication, manufacture, repair, testing of weapons, important military equipment and special support instruments.
2. Single-purpose property:
a) Land, buildings and other property attached to land that belongs to camps, headquarters buildings, warehouses, academies, national security training centers, shooting fields, field sites, training grounds and detention facilities of people's armed forces;
b) Vehicles used for national defense and security purposes;
c) Other support instruments apart from special support instruments; other property with special structure in service of operations of the People’s Armed Forces.
3. Property serving management work is the property that is used for the purposes of operations, training and education in People’s Armed Forces, including:
a) Land, buildings and other property attached to land that belongs to schools, except for academies, national security training centers; health facilities, nursing homes; guest houses, official-duty houses; stadiums, gymnasiums and other facilities that are not included in campuses or headquarters buildings of People's Armed Forces;
b) Commander cars, cars serving general business and other means of transport;
c) Machinery and equipment;
d) Other property.
1. Responsibilities of the Minister of National Defense and the Minister of Public Security:
a) Make a detailed list of special-purpose property and criteria and norms for the use of special-purpose property and submit it to the Prime Minister;
b) Issue a detailed list of single-purpose property to people’s armed forces;
c) Issue regulations on construction of combat works, strategic defense works, works to ensure security operations; works serving research, fabrication, manufacture, repair, testing of weapons, important military equipment and special support instruments;
d) Specify records and forms to keep track of special-purpose property;
dd) Submit a decision on methods of purchase and sale of special-purpose property to the Prime Minister.
2. The formation, management, use and disposed of special-purpose and single-purpose property:
a) The formation and use of special-purpose and single-purpose property shall comply with of allocation of property and ensure safety and confidentiality;
b) Investment in construction of combat works, professional security works shall ensure state secrets; ensure security as prescribed;
c) Documents and reports on special-purpose property shall be managed and stored according to regulations of law on state secret protection;
d) Use of special-purpose and single-purpose property for commercial purposes, for lease, joint venture or association purposes or other forms of business shall be banned;
dd) Disposal of special-purpose or single-purpose property shall be carried out only after such property is renounced; waste recovered from liquidation of property which is weapons, explosive materials or special support instruments shall comply with regulations of law on management and use of weapons, explosive materials and special support instruments;
e) The Prime Minister shall make a decision on transfer of special-purpose property, except for the transfer made among authorities affiliated to the Ministry of National Defense or the Ministry of Public Security;
g) Before putting special-purpose property or single-purpose property to use, the Minister of National Defense or the Minister of Public Security shall decide or authorize an authority to decide to include the public property in property allocation; when such property is no longer used, the Minister of National Defense or the Minister of Public Security shall decide or authorize an authority to decide to remove it from the property allocation.
3. The contents of formation, management, use and disposal of special-purpose property and single-purpose property of people’s armed forces that are not specified in Clause 2 this Article shall conform to regulations of Section 3 this Chapter; for public service providers affiliated to people’s armed forces, such contents shall apply to provisions of Section 4 this Chapter.
4. The Government shall elaborate this Article.
Article 66. Management and use of property serving the management of people's armed forces
1. The formation, management, use and disposal of the property serving management of people's armed forces shall comply with regulations of Section 3 this Chapter; formation, management, use and disposal of the property serving management of public service providers affiliated to people's armed forces shall comply with regulations of Section 4 this Chapter.
2. Before putting the property serving management to use, the Minister of National Defense or the Minister of Public Security shall decide or authorize an authority to renounce the public property; when such property is no longer used to serve the management, the Minister of National Defense or the Minister of Public Security shall decide or authorize an authority to decide to renounce it.
Section 6. REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY OF ORGANIZATIONS
Article 67. Management and use of public property at CPV authorities
1. Property of a CPV authority shall consist of:
a) Property allocated in kind by the State and property built and property constructed and purchased using the state budget;
b) Property whose ownership is transferred under a competent authority’s decision; property formed from party dues and other revenues of the Communist Party.
2. Management and use of property of CPV authorities shall abide by the principles of management and use of public property specified herein and Charter of the Communist Party of Vietnam.
3. The Government shall elaborate this Article.
Article 68. Management and use of public property at socio-political organizations
1. The State allocates the property in kind and allocates state budget to socio-political organizations for investing in construction, purchasing, lease or providing fixed funding for the use of property in accordance with functions, tasks, criteria, norms and regulations on management and use of public property.
2. Formation, management, use and disposal of public property specified in Clause 1 this Article shall comply with regulations of Section 3 this Chapter; the public property of public service providers affiliated to socio-political organizations shall conform to regulations of Section 4 this Chapter.
Article 69. Management and use of public property at socio-professional organizations
1. Property that is a workplace or a public service establishment of a socio-professional organization and is allocated by the State or formed from provision of state budget shall be treated as public property.
Management, use and disposal of other property that is allocated to socio-professional organizations by the State and is under ownership of such organizations shall comply with regulations of the civil affairs, relevant law and charters of organizations.
2. Socio-professional organizations shall manage, use and dispose of public property according to provisions of Section 3 this Chapter; protect public property according to regulations of law and maintain and repair public property in accordance with their budget.
A socio-professional organizations using allocated public property for commercial purposes, for lease, for joint venture or association purposes shall:
a) Make plans for using public property for commercial purposes, for lease, for joint venture or association purposes to submit them to a competent authority or person for approval;
b) Have the plans approved by a competent authority assigned by the Government;
c) Use public property for the right purposes of construction investment; do not affect the performance of functions and tasks assigned according to the charter of organization;
d) Do not lose the public property ownership; preserve and develop capital and property allocated by the State;
dd) Increase capacity and efficiency of using the property;
e) Ensure the depreciation of fixed assets and transfer depreciated amount of money thereof to the state budget; fulfill obligations on tax, fees, charges and other state financial obligations;
g) Ensure the market mechanism and comply with regulations of relevant law.
3. Use of public property for commercial purposes, for lease, for joint venture or association purposes shall apply to public service providers specified in Section 4 this Chapter.
The proceeds earned from the use of public property for commercial purposes, for lease or for joint venture purposes shall be aggregated separately and kept all accounts as prescribed in regulations of law on accounting and shall be managed and used as follows:
a) Making payment for relevant costs;
b) Making repayment for loans or raised capital (if any);
c) Fulfilling state financial obligations;
d) Managing and using the remaining proceeds according to regulations of the Government.
1. Social organizations, socio-professional organizations and other organizations that are established according to regulations of law on associations shall guarantee property for their operation.
2. Property that is a workplace or a public service establishment of a social organization, socio-professional organization or another organization and is allocated by the State or formed from provision of state budget shall be treated as public property. Social organizations, socio-professional organizations and other organizations shall manage, use and dispose of public property according to provisions of Section 3 this Chapter; protect public property according to regulations of law and maintain and repair public property using their budget.
Use of allocated public property for commercial purposes, for lease, for joint venture or association purposes; management and use of the proceeds earned from using such property shall comply with regulations of Clause 2 and Clause 3 Article 69 herein.
3. Management and use of the property that is not specified in Clause 2 this Article shall comply with regulations of law on civil affairs, relevant law and charters of organizations.
Section 7. REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT STATE RESERVE AUTHORITIES
Article 71. Public property at state reserve authorities
1. Public property serving the operation of state reserve authorities shall include:
a) Public property serving the operation of state reserve authorities;
b) Systems of national reserve warehouses.
2. Goods and materials on the list of national reserves.
Article 72. Management and use of public property serving the operation of state reserve authorities
1. Management and use of public property serving the operation of state reserve authorities shall conform to regulations of Section 3 this Chapter.
2. Management and use of systems of national reserve warehouses shall conform to regulations of Section 3 this Chapter, law on national reserves and the following regulations:
a) State reserve authorities are entitled to use warehouses to store public property when a decision on withdrawal or decision on establishment of public ownership has been given during the process of handling according to tasks assigned by a competent authority;
b) State reserve authorities shall be eligible to operate warehouses that are not used at full capacity. Warehouse operation shall ensure the compliance with utility; not affect national reserve secrets and safety, performance of assigned functions and tasks and shall be granted permission by a competent authority.
The remaining amount of proceeds earned from disposal of public property shall be transferred to the state budget after deducting relevant costs.
3. The Government shall elaborate this Article.
Article 73. Management and use of goods and materials on the list of national reserves
Management and use of goods and materials on the list of national reserves shall conform to regulations of law on national reserves.
REGULATIONS ON MANAGEMENT AND USE OF INFRASTRUCTURAL PROPERTY
Section 1. GENERAL PROVISIONS ON MANAGEMENT AND USE OF INFRASTRUCTURAL PROPERTY
Article 74. Management and use of infrastructural property
1. Management and use of infrastructural property invested in and managed by the State shall comply with regulations of this Law and relevant law.
2. Management and use of infrastructural property including state capital of enterprises shall comply with regulations of law on management and use of state capital to invest in enterprises' business operation and relevant law.
Article 75. Entities assigned to manage infrastructural property
1. Regulatory authorities.
2. People’s armed forces.
3. Public service providers.
4. Enterprises.
5. Other entities as prescribed in relevant regulations of law.
Article 76. Rights and obligations of entities assigned to manage infrastructural property
1. Entities assigned to manage infrastructural property are entitled to:
a) Make a decision on response to protect and operate infrastructural property that is assigned to manage according to regulations of this Law and relevant law;
b) Have legitimate rights and interests protected by the State;
d) File complaints and lawsuits according to regulations of law;
d) Other rights as prescribed by law.
2. Entities assigned to manage infrastructural property are obliged to:
a) Prepare and manage documents; record infrastructural property according to regulations of this Law and law on accounting;
b) Report and publish information about public property as prescribed herein;
c) Take measures for maintaining, developing and protecting infrastructural property;
d) Fulfill financial obligations in operation of infrastructural property;
dd) Transfer infrastructural property when the State makes a decision on repossession;
e) Other obligations as prescribed by law.
3. Rights and obligations of heads of state authorities, people’s armed forces, public service providers, enterprises and other entities specified in Article 75 herein:
a) Organize management and use of public property to carry out functions and tasks assigned by the State;
b) Monitor and inspect management and use of property allocated for management;
c) Impose penalties for violations against the law on management and use of infrastructural property within their power or request competent authorities to do so;
d) Comply with regulations of this Law and relevant
laws; ensure public property is used for proper purposes, in accordance with
regulations and policies and in a cost-effective manner;
dd) Resolve complaints and denunciations within their power and take responsibilities for their explanations as prescribed in regulations of law;
e) Other rights and obligations as prescribed by law.
Article 77. Infrastructural property allocated to entities for management
1. Existing infrastructural property that has not been allocated to entities for management.
2. Newly built infrastructural property.
3. Repossessed property infrastructural property as prescribed in Article 88 herein.
4. Infrastructural property whose public ownership is established as specified in Section 2 Chapter VI herein.
5. Other infrastructural property as prescribed by law.
1. Documents on infrastructural property shall contain:
a) Documents related to the formation of infrastructural property and fluctuation;
b) Reports on infrastructural property management and use and other reports on infrastructural property;
c) Data on infrastructural property on national public property databases.
2. Infrastructural property shall be statistically and financially accounted and inventoried in accordance with regulations of law on accounting, law on statistics and relevant laws. Entities assigned to manage infrastructural property shall make reports on management and use of property as prescribed herein.
3. Infrastructural property is a fixed asset and shall be depreciated according to regulations of law.
4. Re-evaluation of infrastructural property value shall be carried out in the following cases:
a) Compiling an inventory, re-evaluating the property according to a competent authority’s decision;
b) Upgrading or extending the property according to a project approved by a competent authority;
c) Allocating, compiling an inventory or transferring property which has not been aggregated on accounts;
d) Selling or liquidating property;
dd) Property that is extremely damaged due to natural disasters, fire or other causes;
e) Other cases as prescribed by law.
5. Re-evaluation of infrastructural property value shall comply with regulations of this Law, law on accounting and relevant law.
Article 79. Maintenance of infrastructural property
1. Infrastructural property shall be maintained according to criteria, norms and technical maintenance procedures in order to maintain technical conditions of infrastructural property and ensure normal operation and safety when using infrastructural property.
2. Forms of infrastructural property maintenance shall comply with regulations of relevant law.
3. Every year, entities that are assigned to manage infrastructural property shall publish information about the list of infrastructural property and maintenance plans thereof within their scope of management.
4. Entities having demand and capacity shall register to participate in infrastructural property maintenance. Selection of entities to maintain infrastructural property shall comply with regulations of law on bidding, unless the State places an order, assigns plans or the maintenance to construction contractors as prescribed by law.
5. Organizations and individuals receiving the rights to collect fees for use of infrastructural property, leasing the rights to operate infrastructural property or receiving infrastructural property for a fixed term shall maintain infrastructural property under regulations of law and terms of the signed agreement.
6. Funding for infrastructural property maintenance including funding from state budget shall comply with regulations of law on state budget and other sources of funding as prescribed by law.
Section 3. OPERATION OF INFRASTRUCTURAL PROPERTY
Article 80. Forms of operation of infrastructural property
1. Infrastructural property shall be operated in the following forms:
a) Direct operation of infrastructural property by the entity allocated for management;
b) Transferring the rights to collect fees for use of infrastructural property;
c) Leasing out the rights to operate infrastructural property;
d) Fixed-term transfer of the rights to operate infrastructural property;
dd) Other forms as prescribed by law.
2. Based on socio-economic development requirements, management requirements, the capability to exploit infrastructural property and forms specified in Clause 1 this Article, entities assigned to manage infrastructural property shall proactively make or make a plan for property operation at the request of a superior managing authority and submit it to a competent authority for approval.
3. Based on a plan that has been approved by a competent authority, authorities or organizations assigned to manage infrastructural property shall comply with regulations of Articles 81, 82, 83 and 84 herein.
4. Operation of infrastructural property carried out in the forms specified in Points b, c, d and dd Clause 1 this Article shall be made in a written agreement. In cases where the basis for determination of such agreement value fluctuates widely according to the Government's regulations, the parties to this agreement shall adjust it.
After the term of operation expires according to the agreement, authorities and individuals receiving the rights to collect fees or leasing the rights to operate or receiving the rights to operate infrastructural property for a fixed term shall transfer the property to entities assigned to manage in order to satisfy technical conditions for normal operation of property in line with requirements of the sign agreement.
1. Entities assigned to manage infrastructural property are entitled to directly operate the property in the following cases:
a) Infrastructural property is related to national defense and security as prescribed in the Prime Minister’s decision at the request of a supervisory authority responsible for the management of infrastructural property and another relevant authority;
b) The direct operation of the property is more effective or there is no organization or individual registering to apply to the forms specified in Points b, c, d and dd Clause 1 Article 80 herein.
2. Entities assigned to manage infrastructural property shall provide services related to infrastructural property and support services and organize operations management of infrastructural property.
3. Revenue earned from operation of infrastructural property shall include: fees and charges as prescribed in regulations of law on fees and charges; the proceeds earned from collecting infrastructural property user charges when and other revenue in relation to provision of services as prescribed in regulations of law.
Article 82. Transfer of the rights to collect fees for use of infrastructural property
1. Transfer of the rights to collect fees for use of infrastructural property means the State transferring the rights to collect fees for use of infrastructural property to an organization or individual for a fixed term as stated in an agreement to receive a corresponding amount of money.
The organization or individual receiving the rights are entitled to collect fees for use of infrastructural property and other revenues related to provision of services as regulated by law.
2. Transfer of the rights to collect fees for use of infrastructural property shall apply to the infrastructural property that is charged according to regulations of law on fees and charges and is not existing infrastructural property for which the investment project in upgradation or expansion is approved by a competent state authority as specified in Clause 2 Article 84 herein.
3. Transfer of the rights to collect fees for use of infrastructural property shall comply with regulations of law on property auction.
4. Term for transfer of the rights to collect fees for use of infrastructural property shall be determined in particular for each agreement.
Article 83. Leasing out the rights to operate infrastructural property
1. Lease of the right to operate infrastructural property means the State transferring the rights to operate infrastructural property to an organization or individual for a fixed term as stated in an agreement to receive a corresponding amount of money.
The organization or individual leasing the rights to operate the property is entitled to collect money at the prices for use of infrastructural property services and other revenues related to provision of services as regulated by law.
2. Lease of the rights to operate infrastructural property shall apply to the existing property and property other than that specified in Clause 2 Article 82 and Clause 2 Article 84 herein.
3. Lease of the rights to operate infrastructural property shall comply with regulations of law on property auction.
4. Term for lease of the rights to operate infrastructural property shall be determined in particular for each agreement.
Article 84. Transfer of the rights to operate infrastructural property for a fixed term
1. Transfer of the rights to operate infrastructural property for a fixed term means the State transferring the rights to operate infrastructural property in association with investment in upgradation or expansion of the property as stated in an agreement to receive a corresponding amount of money.
Organizations and individuals receiving the rights shall invest in upgrading and expanding the property under the project approved by a competent authority or person; collect fees and prices for use of infrastructural property and other revenues related to provision of services as regulated by law.
2. Fixed-term transfer of the rights to operate infrastructural property shall apply to the existing infrastructural property for which the investment project in upgradation or expansion is approved by a competent state authority.
3. Lease of the rights to operate infrastructural property shall comply with regulations of law on property auction.
4. Term for transfer of the rights to operate infrastructural property shall be determined in particular for each agreement.
Article 85. Management and use of revenues earned from operation of infrastructural property
1. Revenues earned from operation of infrastructural property shall include fees and charges that are managed and used according to regulations of law on fees and charges.
2. The revenues earned from operation of infrastructural property that is not specified in Clause 1 this Article shall be managed and used as follows:
a) The revenues earned from operation of property shall be transferred to a temporary account at a state treasury after deducting costs related to operation of property, the remainder shall be transferred to the state budget if the entity assigned to manage the property is a state authority;
b) The revenues earned from operation of property carried out in the forms specified in Article 81 herein shall be managed and used in accordance with provisions of Clause 5 Article 55 herein; the revenue earned from operation of property carried out in the forms specified in Articles 82, 83 and 84 herein shall be managed and used in line with provisions of Point a this Clause if the entity assigned to manage the property is a public service provider;
c) The revenues earned from operation of property shall be managed and used according to provisions of Point d Clause 1 Article 99 herein if the entity assigned to manage the property is an enterprise.
3. The revenues earned from operation of infrastructural property after transferred to the state budget shall be given priority to allocate capital in plans for public investment and priority to allocate fixed funding provided by the state budget to invest in construction of infrastructure.
Article 86. Use of land attached to infrastructure
1. Forms of land use, regulations on land use, rights and obligations of users of land attached to infrastructure shall comply with regulations of law on land.
2. [8] (repealed)
Section 4. DISPOSAL OF INFRASTRUCTURAL PROPERTY
Article 87. Forms of disposal of infrastructural property
1. Repossession.
2. Circulation.
3. Sale.
4. Using infrastructural property to make payments to investors when executing construction projects in the form of build-transfer contracts.
5. Liquidation.
6. Dealing with public property if it is lost or damaged.
7. Other forms as prescribed by law.
Article 88. Repossession of infrastructural property
1. Infrastructural property shall be repossessed in the following cases:
a) There is a change in planning or power to manage infrastructural property;
b) The property is allocated to incorrect beneficiaries, used for the improper purposes; or the property is for lending;
c) The property is sold, leased out, donated, mortgaged; the property is used for capital contribution or for joint venture or association purposes illegally;
d) The property is allocated but no longer used or its operation is not effective;
dd) Other cases as prescribed by law.
2. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall:
a) Receive repossessed property according to a competent authority's decision; carry out or authorize a state authority having property repossessed to store, protect, maintain or repair property pending its disposal;
b) Make plans to dispose of or operate repossessed property to submit them to a competent authority for approval; dispose of or operate property according to plans approved by a competent authority.
3. Repossessed infrastructural property shall be:
a) Allocated to entities as specified in Article 75 herein;
b) Circulated as specified in Article 89 herein;
c) Put on the market as specified in Article 90 herein.
4. Where the repossessed infrastructural property is allocated to an organization or individual to operate according to regulations of Points b, c, d and dd Clause 1 Article 80 herein, rights and obligations of relevant parties are specified under the signed agreements and regulations of relevant law.
Article 89. Circulation of infrastructural property
1. Infrastructural property shall be circulated among entities assigned to manage infrastructural property in the following cases:
a) There is a change in managing authorities or power to manage infrastructural property;
b) The property is allocated but no longer used or its operation is not effective;
h) Other cases as prescribed by law.
2. Entities having property circulated shall preside over and cooperate with entities eligible for receiving property in property transfer and receipt. Entities eligible for receiving property shall make payments for reasonable costs related to property transfer and receipt. No payment for value of property shall be made in case of circulation of infrastructural property.
Article 90. Sale of infrastructural property
1. Infrastructural property shall be put on the market in the following cases:
b) Property repossessed as specified in Article 88 herein;
b) Repurposing of land in association with conversion of functions of infrastructural property in line with the planning approved by a competent authority or person;
c) Other cases as prescribed by law.
2. Sale of infrastructural property shall comply with regulations of law on property auction.
3. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or entities having property for sale shall sell property in accordance with regulations of law.
Use of infrastructural property to make payments to investors when executing construction projects in the form of build-transfer contracts shall comply with provisions of Article 44 herein.
Article 92. Liquidation of infrastructural property
1. Infrastructural property shall be liquidated in the following cases:
a) Infrastructural property is damaged beyond repair or the repair proves ineffective;
b) Old infrastructural property is demolished to invest in construction of the new one according to a project approved by a competent authority;
c) A competent state authority revises the planning that makes partial or entire infrastructural property unusable according to functions of the property;
d) Other cases as prescribed by law.
2. Infrastructural property shall be liquidated in the form of demolition or destruction. Materials and supplies recovered from such demolition or destruction shall be:
a) Allocated to an entity having liquidated property to continue managing or using it;
b) Circulated;
c) Put on the market.
3. Based on a competent authority’s or person’s decision, an entity having property liquidated shall:
a) Demolish or destroy the property according to regulations of law;
b) Make plans and report them to a competent authority or person to decide to dispose of repossessed materials or supplies in the forms specified in Clause 2 this Article;
c) Transfer or sell repossessed materials or supplies according to provisions of Article 89 and Article 90 herein.
Article 93. Disposal of lost and damaged public property
1. If public property is lost or damaged due to a natural disaster, conflagration or for another reason, the entity assigned to manage infrastructural property shall:
a) Report the loss of or damage to property and responsibilities of relevant organizations and individuals to a competent authority or person;
b) Make property write-offs and delegate responsibilities to relevant organizations and individuals according to a competent authority’s or person’s decision.
2. If the lost or damaged property is compensated by an insurance company or a relevant organization or individual, the compensation shall be used to invest in reconstruction of the infrastructure according to regulations of this Law and relevant law.
Article 94. Management and use of proceeds earned from disposal of infrastructural property
1. The proceeds earned from disposal of public property shall be transferred to temporary accounts at a state treasury after deducting expenses related to the disposal of the property; the remainder shall be transferred to the state budget.
2. Costs related to disposal of infrastructural property shall be estimated and approved by a competent state authority. Costs related to disposal of the property shall consist of:
a) Cost of inventory or measurement;
b) Cost of relocation, demolition or destruction;
c) Cost of evaluation of property;
d) Cost of selling property;
dd) Other reasonable costs.
1. Investment in construction of infrastructural property in the form of public-private partnerships shall comply with regulations of law on investment, law on construction, law on bidding and relevant law. The State encourages organizations and individuals to participate in construction investment and operation of infrastructural property.
2. The use of existing infrastructural property for participation in a project shall be decided by a competent authority or person as prescribed by law.
3. Entities assigned to manage infrastructural property shall monitor and make a report on proportion of the infrastructural property used to participate in a project while appointing an investor to execute the project.
4. Investors are entitled to manage, use and operate the proportion of their own property during the agreed term under contracts to recoup their investment. Investors shall maintain the property during the term of contracts to ensure normal operation of the infrastructural property. If the basis for determining the value of contracts fluctuates widely according to the Government’s regulations, parties to such contracts shall adjust them.
5. Infrastructural property invested in the form of public-private partnerships shall be audited as soon as an investor operates and conducts periodic inspection in the process of investment and operation.
1. Investors shall transfer the ownership, the right to use and operate the property formed from the execution of projects to the State in line with project contracts; ensure technical requirements for normal operation of construction works and compliance with terms of contracts.
2. Competent state authorities shall inspect quality and conditions of the property as agreed in project contracts, make a list on transferred property, determine the damage (if any) and ask investors for repairing and maintaining the property.
Investors shall ensure that the transferred property is not used for fulfillment of financial obligations or other obligations of investors arising prior to the date of transfer, unless otherwise stated in project contracts.
3. Disposal of transferred property:
a) If the property is transferred by the State to an investor, a competent state authority shall report to a competent authority to allocate the property to a managing authority in accordance with provisions herein;
b) If the property is invested by the investor, the competent state authority shall follow procedures for establishment of public property according to provisions of Section 2 Chapter VI herein.
The competent state authority shall manage and operate the property within its functions and power when the property has not been transferred to the managing authority;
c) Where the property is transferred according to the term of the contract but then the investor is eligible to trade or provide services on the basis of operation and operation of such property within a certain period of time as stated in the contract, management and operation of the property shall comply with regulations of Clauses 3, 4 and 5 Article 95 herein.
REGULATIONS ON MANAGEMENT AND USE OF PUBLIC PROPERTY AT ENTERPRISES
Article 97. Public property at enterprises
1. Public property allocated to enterprises for management and recorded as state capital in enterprises.
2. Public property allocated to enterprises for management and not recorded as state capital in enterprises.
1. Management and use of public property allocated by the State for management and recorded as state capital in enterprises shall comply with regulations of the Law on Management and Use of State Capital Invested in Business Activities of Enterprises and relevant law.
2. Provision and use of automobiles serving business of officials of a state-owned enterprise shall conform to criteria and norms prescribed by the Government.
1. Management, use, operation and disposal of public property allocated to an enterprise for management and not recorded as state capital in the enterprise shall comply with the following provisions:
a) The enterprise shall manage and use the allocated property for the right purposes and according to functions of the property; must not use property to fulfil its civil obligations, contribute capital or transfer ownership to another organization or individual;
b) Costs of property repair and maintenance shall be covered by the enterprise, unless otherwise prescribed by law;
c) The enterprise shall aggregate and calculate the property depreciation according to regulations of law and a competent authority’s or person’s decision when the property is transferred;
d) The proceeds earned from operation of public property shall be used to cover relevant costs, repay loans or mobilized capital (if any) and fulfill state financial obligations; the remainder shall be transferred to the state budget;
dd) The proceeds earned from disposal of public property shall be used to cover relevant costs, repay loans or raised capital (if any); the remainder shall be transferred to the state budget.
2. Regulations of Section 5 Chapter III, Chapter IV, Section 1 Chapter VI, Chapter VII herein and other regulations of relevant law shall apply to contents related to the formation, management, use and disposal of public property allocated to enterprises and not recorded as state capital in enterprises not covered by Clause 1 this Article.
3. The Government shall elaborate this Article.
Section 1. REGULATIONS ON MANAGEMENT AND USE OF PROPERTY OF STATE-FUNDED PROJECTS
Article 100. Property of state-funded projects
1. Property used for the execution of projects.
2. Property formed as a result of the completion of projects.
Article 101. Formation of project property
1. Formation of property used for the execution of projects:
a) The State allocates the property in kind or provide funding for projects to invest in construction, purchase or lease the property serving the execution of each project;
b) The formation of property shall conform to the principles specified in Clause 2 Article 28 herein. Allocation of property, investment in construction, purchase, lease of property or provision of fixed funding for use property serving the execution of projects shall conform to regulations of Articles 29, 30, 31, 32 and 33 herein and project documents (if any).
2. Formation of property as a result of the completion of projects:
a) Project capital shall be used to invest in construction of property or purchase property;
b) The formation of property shall conform to regulations of this Law, relevant law and project documents (if any).
Article 102. Use of property serving the execution of projects
Use of property serving the execution of projects shall comply with targets of projects and provisions of Section 3 Chapter III herein and relevant law.
Article 103. Disposal of property serving the execution of projects
1. When there is property that needs to be disposed of, a project management board shall:
a) Compile an inventory of the property, report to a superior managing authority, report to a contact point of the project and submit to authorities to assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein;
b) Keep the property in good conditions pending the disposal of the property.
2. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall take measures for disposal of the property in the forms stipulated in Clause 3 this Article and submit them to a competent authority for approval.
3. Forms of disposal of property shall include:
a) Allocation of the property to an authority, organization or unit for management and use;
b) Circulation;
c) Sale;
d) Liquidation;
dd) Destruction;
e) Dealing with the property if it is lost or damaged;
g) Other forms as prescribed by law.
4. Based on the plan approved by the competent authority, any of the authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or the project management unit shall transfer, sell, liquidate, destroy or deal with the property if it is lost or damaged as specified in Articles 29, 42, 43, 45, 46 and 47 herein.
5. Management and use of the proceeds earned from disposal of the property serving the execution of the project shall comply with provisions of Clause 3 Article 62 herein if the project management unit is operating in the model of a public service provider; or conform to provisions of Clause 1 and Clause 2 Article 48 herein if the project management unit is operating according to another model.
Article 104. Disposal of property created after the completion of projects
1. After the completion of construction investment or purchase, a project management unit shall transfer the property to a beneficiary specified in the project in order to put the property to operation or use.
If the beneficiary of the property is not specified, disposal of the property after the completion of the project shall be carried out in the following forms:
a) Circulation;
b) Sale;
c) Liquidation;
d) Allocation of the property to an enterprise for management and use;
dd) Other forms as prescribed by law.
2. Transfer, sale or liquidation of the property shall comply with regulations of Articles 42, 43 and 45 herein. Allocation of the property to an enterprise to manage and use it shall comply with regulations of this Law, law on management and utilization of state capital invested in enterprises’ business operation and relevant law.
1. The property formed from the performance of scientific and technological tasks funded by the state capital shall consist of:
a) The property provided for the performance of scientific and technological tasks;
b) The property formed as a result of the performance of scientific and technological tasks;
2. Provision of the property for the performance of scientific and technological tasks shall be in line with assigned tasks and estimates approved by a competent authority. The property shall be used for the right purposes and ensure cost-effectiveness; aggregated, reported, maintained, repaired and disposed of promptly.
3. Disposal of the property provided for the performance of scientific and technological tasks shall be carried out in the following orders:
a) Allocating or selling the property to an organization in charge to promote results of tasks or using the property to use results of scientific and technological research for commercial purposes;
b) Circulating, selling, liquidating and destroying the property if the organization in charge of performing the tasks does not receive or purchase it. Circulation, sale, liquidation and destruction of the property shall comply with regulations of Articles 42, 43, 45 and 46 herein.
4. Disposal of the property formed as a result of the performance of scientific and technological tasks shall be carried out in the following orders:
a)[9] Transfer the rights to enjoyment or ownership to the presiding organization in order to utilize or commercialize the R&D results, unless they are inventions, industrial designs, layout designs and plant varieties, the transfer shall comply with regulations of Law on Intellectual Property;
b) Transferring the property ownership or the right to use the property to another organization or individual as prescribed by law if the organization in charge of performing tasks has no demand or capacity for using results of scientific and technological research for commercial purposes.
5. The Government shall elaborate this Article.
Section 2. REGULATIONS ON MANAGEMENT AND USE OF PROPERTY WHOSE PUBLIC OWNERSHIP IS ESTABLISHED
Article 106. Property whose public ownership is established
1. Property confiscated as prescribed by law includes:
a) Exhibits and equipment used for committing administrative violations;
b) Material evidence and other property confiscated according to regulations of criminal law and law on criminal procedure.
2. Property without owners, property whose owner is unidentified; property that is dropped, forgotten, buried, hidden, sunk and found; property without inheritors; property of social funds, charity funds that are dissolved but there is no other funds having the same purposes of receiving transferred property or dissolved due to committing violations against the law or against social ethics and other property owned by the State according to regulations of the Civil Code; inventory in an area of customs operation as prescribed in regulations of law on customs.
3. Property that owners voluntarily transfer the ownership to the State, including: property that foreign or domestic entities donate, give, contribute, sponsor or transfer in another manner to the State.
4. Property that foreign-invested enterprises transfer without reimbursement to the State according to commitments after their operation comes to an end.
5. Property that is invested in the form of public-private partnerships and then transferred to the State in accordance with project contracts.
Article 107. Power to establish public ownership
1. Establishment of public ownership of property specified in Point a Clause 1 Article 106 herein shall comply with a decision on property confiscation made by a competent authority as prescribed in regulations of law on penalties for administrative violations.
2. Establishment of public ownership of property specified in Point b Clause 1 Article 106 herein shall comply with a decision on property confiscation made by a competent authority as prescribed in regulations of criminal law, law on criminal procedure and law on civil judgment enforcement.
3. Power to establish public ownership of property specified in Clauses 2, 3, 4 and 5 Article 106 herein shall be granted by the Government.
Article 108. Storage of property whose public ownership is established
1. Authority responsible for property management shall store it pending the disposal of the property, except for the property specified in Clause 2 this Article.
In the cases where the authority responsible for property management has no warehouse to store the property; or the property is a fixed machine or equipment that makes it difficult to disassemble, such authority shall transfer the property to a state reserve authority; authorize or conclude a property lease agreement with an authority or organization having qualified facilities and warehouses. Transfer, authorization and lease of property storage shall comply with regulations of law.
2. It is required that the following property be transferred to and stored by specialized managing authorities:
a) National treasures, antiques and other historic or cultural valuables;
b) Weapons, explosive materials, support instruments, technical professional equipment, vehicles and other property relevant to national security;
c) Vietnamese currency, foreign currencies, valuable papers, gold, silver, precious stones and precious metals;
d) Precious and rare forest products that are not used for commercial purposes;
dd) Other property subject to management as prescribed by law.
The Minister of Finance shall preside over and cooperate with relevant authorities in publishing a detailed list of specialized managing authorities specified in this Clause.
3. Transfer of property to specialized managing authorities specified in Clause 2 this Article shall be made in writing.
4. Specialized managing authorities shall receive transferred property and store the property in accordance with regulations of law.
Article 109. Forms of disposal of property whose public ownership is established
1. Allocating to specialized managing authorities for management and use of weapons, explosive materials, support instruments, technical professional equipment, vehicles and other property relevant to national security; national treasures, antiques and other historic or cultural valuables; precious and rare forest products and other property subject to special management as prescribed by law.
2. Allocating or circulating to authorities, organizations and units for management and use of property serving workplaces or public service facilities; means of transport, machinery and equipment.
3. Allocating or circulating the property to entities assigned to manage infrastructural property.
4. Remitting Vietnamese currency and foreign currencies to the state budget.
5. Destroying the property that is no longer used or enforced to be destroyed as prescribed by law.
6. Selling the property that is not specified in Clause 1, 4 and 5 this Article; the property specified in Clause 2 and Clause 3 this Article but is not transferred or circulated. Sale of the property whose public ownership is established shall comply with regulations of law on auction, except for the following property that is put on the market directly:
a) Fragile goods or products;
b) Property with low value as prescribed by the Government.
Article 110. Procedures for disposal of property whose public ownership is established
1. After a decision on property confiscation or decision on establishment of public ownership is given, authorities responsible for the management of property shall report to authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein.
2. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall take measures for disposal of the property in the forms stipulated in Article 109 herein and submit them to a competent authority for approval.
3. Based on measures approved by the competent authorities, authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or authorities responsible for the management of property shall carry out the disposal of the property in the forms stipulated in Article 111 herein.
Article 111. Organizing disposal of property whose public ownership is established
1. For property decided to be allocated to a specialized managing authority for management and disposal, the unit presiding over the property management shall transfer it to such specialized managing authority according to a competent authority’s or person’s decision.
After receiving the property, the specialized managing authority shall manage and dispose of such property according to regulations of relevant law.
2. For property decided to be allocated to an authority, organization or unit for use, the unit presiding over the property management shall transfer it to the authority, organization or unit for use according to a competent authority’s or person’s decision.
The authority, organization or unit using the property shall record the increase in the property, manage and use the property in accordance with regulations of this Law and relevant law.
3. For infrastructural property decided to be allocated to an entity for management, the unit presiding over the property management shall transfer it to such entity.
The entity assigned to manage the property shall record the increase in property, manage, use and operate the property in accordance with regulations of this Law and relevant law.
4. If the property is Vietnamese currency or foreign currencies, the State Treasury shall remit it to the state budget according to regulations of law on state budget.
5. For property decided to be destroyed, the unit presiding over the property management shall cooperate with competent authorities in the destruction of the property. Forms of property destruction are specified under Clause 2 Article 46 herein.
6. For property decided to be sold, the authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or unit presiding over the property management shall sell the property in accordance with regulations of this Law and relevant law.
The proceeds earned from disposal of property whose public ownership is established shall be transferred to temporary accounts at a state treasury after deducting relevant expenses; the remainder shall be transferred to the state budget.
REGULATIONS ON MANAGEMENT AND USE OF FINANCIAL RESOURCES OBTAINED FROM LAND AND OTHER RESOURCES
Section 1. REGULATIONS ON MANAGEMENT, USE AND EXPLOITATION OF FINANCIAL RESOURCES OBTAINED FROM LAND
Article 113. Management, use and exploitation of financial resources obtained from land
1. Land shall be statistically reported, inventoried, recorded and monitored according to regulations of law.
2. Authorities, organizations and units allocated or leased out land by the State shall aggregate the value of land use rights. Where the State allocates the land without collection of land levy or leases out land that the land rent is exempted, the value of land use rights shall be aggregated with the property value of such authorities, organizations and units according to the Government’s regulations.
3. Financial resources obtained from land shall be exploited properly according to the land use planning and plans and the market mechanism. Management and use of the proceeds earned from the use of financial resources obtained from the land shall comply with regulations of law on state budget, law on land, law on fees and charges and relevant law.
Article 114. Exploitation of financial resources obtained from land
1. Collection of land levy.
2. Collection of land rent and water surface rent.
3. Collection of taxes, fees and charges related to land.
4. Use of value of land use rights to make payments to investors when executing construction projects in the form of build-transfer contracts.
5. Use of vacant land to generate capital for infrastructure development.
6. Use of other financial resources obtained from land.
Article 115. Collection of land levy, land rent and water surface rent
Collection of land levy, land rent and water surface rent shall comply with regulations of law on land and relevant law.
Article 116. Collection of taxes, fees and charges related to land
Collection of land levy, income tax from the transfer of land use rights, fees, land registration fees and other taxes, fees and charges related to the land shall conform to regulations of law on taxes and law on fees and charges.
Use of the value of land use rights to make payments to investors when executing construction projects in the form of build-transfer contracts shall comply with provisions of Clauses 1, 2, 3, 4 and 5 Article 44 herein and the following provisions:
1. The vacant land to make payments to investors shall be in line with the planning and plans for using the land approved by a competent state authority and imposed in the form of allocation of the land with collection of land levy or lease of land with lump-sum land rent for the whole land lease term. Relevant parties and procedures for allocation and lease of the land shall comply with regulations of law on land;
2. The value of land use rights used to make payments for construction projects executed in the form of build-transfer contracts shall be determined according to the market price from the day on which the payment is made as prescribed in regulations on collection of land levy and land rent.
Article 118. Use of vacant land for generation of capital for infrastructure development
1. Use of vacant land for generation of capital for infrastructure development means State applying the land expropriation mechanism in the vicinity of land serving projects on construction of infrastructural facilities according to the provisions of law on land in order to create vacant land to generate capital for infrastructure development.
2. Use of vacant land for generation of capital for infrastructure development shall be made into a project. Power to approve projects on use of vacant land for generation of capital for infrastructure development for infrastructure development (hereinafter referred to as “projects”) is as follows:
a) The Prime Minister shall approve projects under central government management;
b) People’s Committees of provinces shall approve projects under management of provinces.
3. Vacant land to generate capital for infrastructure development shall be used in the form of allocation of land and collection of land levy or lease of land and payment of land rent in a lump sum for the entire lease term in accordance with regulations of law on land.
4. he remaining amount of proceeds earned from operation of the vacant land after deducting relevant costs shall be transferred to the state budget after deducting relevant costs and allocated to plans for public investment and funding provided by the State to execute investment projects approved by competent authorities specified in Clause 2 this Article according to regulations of law on public investment, law on state budget and relevant law.
5. The Government shall elaborate this Article.
Section 2. REGULATIONS ON MANAGEMENT AND USE OF FINANCIAL RESOURCES OBTAINED FROM NATURAL RESOURCES
Article 119. Natural resources
Natural resources specified in this Section shall include:
1. Water resources;
2. Forest resources;
3. Minerals;
4. Resources within territorial waters and airspace;
5. Telephone numbers and other numbers serving state management, Vietnamese Internet resources[10], radio frequency spectrum and satellite orbit;
6. Other resources.
Article 120. Management, use and exploitation of financial resources obtained from natural resources
1. State authorities shall manage, prepare statistics, compile inventories, record and monitor resources in accordance with regulations of this Law and relevant law.
2. Financial resources obtained from resources shall be exploited properly according to the planning, plans and the market mechanism.
Article 121. Exploitation of financial resources obtained from natural resources
1. Collection of charges for granting the right to use natural resources, collection of natural resource levy and natural resource rent.
2. Collection of natural resource tax.
3. Collection of fees and charges for management, use and use of natural resources.
4. Exploitation of other financial resources from natural resources as prescribed by law.
1. Collection of charges for granting the right to use resources, collection of natural resource levy and natural resource rent shall conform to regulations of law on natural resources.
2. Amounts and methods of collecting charges for granting the right to use resources, collecting resource levy and resource rent shall conform to regulations of the Government.
Collection of natural resource taxes, overflight fees within airspace of Vietnam, fees for protection of aquatic resources, fees for visiting scenic beauties, charges for use of water sources, charges for use of documents and data on natural resources and other taxes, fees and charges related to resources shall comply with regulations of law on taxes and law on fees and charges.
Article 124. Management and use of revenue earned from exploitation of natural resources
Management and use of the revenue earned from the use of resources shall comply with regulations of law on state budget, law on fees and charges and relevant law.
PUBLIC PROPERTY INFORMATION SYSTEMS AND NATIONAL PUBLIC PROPERTY DATABASES
Article 125. Public property information systems
1. Technical infrastructure for public property information technology.
2. Operating systems, system software and application software.
3. National public property databases.
4. Electronic transaction systems on public property.
Article 126. Responsibility to develop public property information systems
1. The State gives priority to investment in capital, technical equipment, modern means and advanced technology for the construction, operation and maintenance of public property information systems to ensure effective management of public property; encourage organizations and individuals to participate in the development of advanced technology and technical means to ensure the application of modern public property management methods.
2. The Ministry of Finance shall develop, manage and operate public property information systems within its scope of management.
3. Ministries, central government authorities and People’s Committees of provinces shall invest in infrastructure and information technology, provide training for personnel to manage and operate public property information systems within their scope of management.
Article 127. National public property databases
1. National public property databases shall be established nationwide and have the functions of aggregating quantity, value and structure for allocation of all public property.
2. National public property databases include:
a) Database of public property at authorities, organizations and units;
b) Database of infrastructural property;
c) Database of public property at enterprises;
d) Database of property whose public ownership is established;
dd) Land database;
e) Natural resources database.
3. Databases of types of public property developed by ministries, central government authorities and People’s Committees of provinces shall be connected with national public property databases.
4. The Minister of Finance shall:
a) Provide guidelines for exchanging information about public property developed by ministries, central government authorities and People’s Committees of provinces to be connected with the national public property databases;
b) Specify contents, structures, types of data on public property to be connected with national public property databases;
c) Directly develop databases specified in Points a, b and c Clause 2 this Article.
5. Ministries, central government authorities and People’s Committees of provinces shall:
a) Update data on types of public property specified in Clause 2 this Article to national public property databases;
b) Directly develop the data specified in Points d, dd and e Clause 2 of this Article to ensure that they are connected with national public property databases.
Article 128. Management and exploitation of national public property databases
1. Information stored on national public property databases and provided by competent authorities and persons shall have the same value as information stated in written documents.
2. National public property databases shall have their security and safety ensured; shall prevent unauthorized access, damage to or forgery of information.
3. Organizations and individuals that seek access to information and data on public property are entitled to use them in accordance with regulations of law.
Article 129. Utilization of information about public property
Information stored on national public property databases shall be used:
1. To make reports on management and use of property in compliance with regulations of law or upon the request of a competent state authority;
2. To form the basis for estimation, approval of financial statements, making decisions, inspection, auditing or monitoring of investment in construction, purchase, lease or provision of fixed funding for the use of public property; upgrading, renovation, repair, operation or disposal of public property;
3. For other purposes according to a competent authority’s or person’s decision.
PUBLIC PROPERTY-RELATED SERVICES
Article 130. Details of public property-related services
1. Provision of information and data on public property.
2. Selection of contractors and investors relevant to management and use of public property.
3. Public property valuation.
4. Leasing out, sale, transfer, liquidation and destruction of public property.
5. Public property consulting services.
6. Other public property-related services.
Article 131. Provision of public property-related services
1. Organizations and individuals are entitled to provide public property services when they satisfy the conditions stated in special legislation (if any).
2. Provision of public property services shall comply with relevant regulations of relevant law.
Article 132. Use of public property-related services
1. Authorities, organizations, units and other entities when making investment in construction, purchase, lease, warranty, maintenance, capital contribution, leasing out, joint venture, association, sale, transfer, liquidation, destruction of public property and other activities related to management and use of public property are entitled to hire organizations and individuals specified in Article 131 herein to provide public property-related services.
2. Organizations and individuals that seek access to information and data on public property are entitled to request database managing authorities to provide such information and data and pay costs according to regulations of law.
1. This Law comes into force from January 01, 2018.
2. The Law on Management and Use of State-owned Property No. 09/2008/QH12 shall cease to have effect from the effective date of this Law.
3. State-owned property specified in legislative documents that are promulgated before the effective date of this Law shall be treated as public property.
Article 134. Transitional provisions
According to provisions of this Law, the Government shall stipulate transitional provisions on rearrangement of public property at authorities, organizations and units; disposal of public property; use of public property for commercial purposes, for lease, for joint venture and association purposes; operation of infrastructural property as agreed in contracts and other provisions on management and use of public property in accordance with the principles specified in this Law from its effective date./.
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CERTIFIED BY CHAIRMAN |
[1] The effective date of the Law on Land No. 31/2024/QH15 is now August 01, 2024 (previously January 01, 2025) according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024.
[2] Preludes to the Law on Public – Private Partnership Investment No. 64/2020/QH14:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on Public – Private Partnership Investment.
Preludes to the Law No. 07/2022/QH15 on amendments to some Articles of the Law on Intellectual Property:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to some Articles of the Law on Intellectual Property amended by the Law No. 36/2009/QH12 and Law No. 42/2019/QH14.”.
Preludes to the Law on Telecommunications No. 24/2023/QH15:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Telecommunications.”.
Preludes to the Law on Land No. 31/2024/QH15:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Land.”.
Preludes to the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15:
“The Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.”.
[3] The phrase “tài nguyên Internet” (“Internet resources”) is replaced with the phrase “tài nguyên Internet Việt Nam” (“Vietnamese Internet resources”) as prescribed in clause 2 Article 71 of the Law on Telecommunications No. 24/2023/QH15, which has been effective since July 01, 2024.
[4] This point is repealed by clause 7 Article 99 of the Law on Public - Private Partnership Investment No. 64/2020/QH14, which has been effective since January 01, 2021.
[5] This clause is repealed by clause 7 Article 99 of the Law on Public - Private Partnership Investment No. 64/2020/QH14, which has been effective since January 01, 2021.
[6] This clause is repealed by point a clause 1 Article 251 of the Law on Land No. 31/2024/QH15 coming into force from August 01, 2024 according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[7] This clause is repealed by clause 7 Article 99 of the Law on Public - Private Partnership Investment No. 64/2020/QH14, which has been effective since January 01, 2021.
[8] This clause is repealed by point a clause 1 Article 251 of the Law on Land No. 31/2024/QH15 coming into force from August 01, 2024 according to clause 2 Article 1 of the Law No. 43/2024/QH15 dated June 29, 2024 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15.
[9] This clause is amended by clause 3 Article 2 of the Law No. 07/2022/QH15 on amendments to some Articles of the Law on Intellectual Property, which has been effective since January 01, 2023.
[10] The phrase “tài nguyên Internet” (“Internet resources”) is replaced with the phrase “tài nguyên Internet Việt Nam” (“Vietnamese Internet resources”) as prescribed in clause 2 Article 71 of the Law on Telecommunications No. 24/2023/QH15, which has been effective since July 01, 2024.
[11] Articles 100 and 101 of the Law on Public - Private Partnership Investment No. 64/2020/QH14, which has been effective since January 01, 2021, stipulate that:
“Article 100. Entry into force
1. This Law shall enter into force on January 01, 2021, except the regulations specified in Clause 6 of Article 101 herein.
2. The Government and competent regulatory authorities shall elaborate on Clauses and Articles set forth in this Law.
Article 101. Transitional provisions
1. The projects in the sectors prescribed in clause 1 of Article 4 in this Law and meeting the minimum total investment requirements prescribed in clause 2 of Article 4 herein shall be subject to the following regulations:
a) In case where an investment policy decision has been made by a competent authority before the effective date of this Law, the next steps shall be taken in accordance with this Law. In case where the investment policy needs to be adjusted, regulations laid down in Article 18 herein shall be observed;
b) In case where the feasibility study report has been approved by a competent authority before the effective date of this Law, next steps shall be taken in accordance with this Law without having to go through the project approval procedures as per this Law; the contents specified in Clause 6 of Article 23 of this Law must be additionally approved in case investor selection has not yet been organized;
c) As for projects falling into the cases specified at Points a and b of this Clause, if the state capital contribution ratio in a PPP project is greater than the rate specified in Clause 2 of Article 69 of this Law, any adjustment in the state capital ratio shall not be required.
2. Projects that are not in the sectors specified in Clause 1 of Article 4 of this Law or fail to meet the minimum total investment requirements specified in Clause 2 of Article 4 of this Law, and projects without the prequalification requirement in which investor prequalification results have not been approved yet or the invitations for bid or requests for proposal have not yet been issued, until the effective date of this Law shall be halted.
3. PPP projects in which investor selection is occurring shall be subject to the following regulations:
a) In case where their investor prequalification results have been approved before the effective date of this Law, they may be continued in accordance with this Law;
b) In case where the invitation for bid or the request for proposal has been issued before the effective date of this Law but the bid is closed after December 31, 2020, the bid solicitor shall be responsible for extending the bid closing time to improve the invitation for bid or the request for proposal in accordance with this Law provided that such action does not result in any adjustment of the approved investment policy and feasibility study report;
c) In case where the results of investor selection are available, but the contract negotiation and conclusion happens after the effective date of this Law, the contracting authority shall negotiate and sign the contract, based on the results of investor selection, bidding documents, proposal, invitation for bid and request for proposal in accordance with this Law without resulting in any adjustment in the approved investment policy and feasibility study report.
4. Project contracts signed before the effective date of this Law may continue to be executed under contractual terms and conditions.
5. From the effective date of this Law, the transition of Build - Transfer (BT) contracts shall be as follows:
a) Projects where bidding documents or requests for proposal have not been issued yet shall be suspended; in case where bidding documents or requests for proposal have already been issued, they shall be continued based on the invitations for bid, requests for proposals and legislative regulations at the time of issuance of these invitations for bid or requests for proposal;
b) With regard to projects where investor selection results are obtained before the effective date of this Law, the contracting authority shall negotiate and sign the contract, based on the results of investor selection, bidding documents, proposals, invitations for bid and requests for proposal, and legislative regulations valid at the time of issuance of invitations for bid or requests for proposal;
c) For projects which have signed contracts before the effective date of this Law, project execution and payment under regulations of BT contracts and legislative regulations valid at the time of contract conclusion shall be continued;
d) Implementation of new BT projects shall be disapproved.
6. Implementation of the projects under BT contracts that have not been approved for investment policy yet shall be suspended from August 15, 2020.
7. The Government shall elaborate on this Article.”.
Articles 3 and 4 of the Law No. 07/2022/QH15 on amendments to some Articles of the Law on Intellectual Property, which has been effective since January 01, 2023, stipulate that:
“Article 3. Effect
1. This Law takes effect from January 01, 2023, except for the cases specified in Clause 2 and Clause 3 of this Article.
2. Regulations on protection of marks that are sound trademarks shall be of full force and effect as of January 14, 2022.
3. Regulations on protection of experimental data used for agrochemical shall be of full force and effect as of January 14, 2024.
Article 4. Transition clauses
1. Copyright and related rights that are granted protection before this Law takes effect shall continue to be protected in accordance with this Law until the end of their protection terms.
2. Applications for registration of copyright and related rights that have been submitted to competent authorities before this Law takes effect shall continue to be processed in accordance with regulations of law that are effective when they are submitted.
3. Applications for registration of inventions, industrial designs, marks, geographical indications that have been submitted to competent authorities before this Law takes effect shall continue to be processed in accordance with regulations of law that are effective when they are submitted, except in the following cases:
a) Regulations of Clause 13 Article 4 of the Law on Intellectual Property, which is amended by Point b Clause 1 Article 1 of this Law, shall apply to applications for registration of industrial designs that are submitted from August 01, 2020 but do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
b) Regulations of Point e and Point h Clause 2 Article 74, Point e Clause 1 Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property, which are amended by Point b and Point c Clause 22, Clause 35 and Point b Clause 42 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
c) Regulations of Article 89a, which is added by Clause 27 Article 1 of this, shall apply to security control of inventions in applications for registration of that do not have a decision on issuance or rejection of issuance of protection title before the effective date of this Law;
d) Regulations of Article 118 of Law on Intellectual Property, which is amended by Clause 43 Article 1 of this Law, shall apply to applications for registration of industrial property do not have a notice of appraisal results before the effective date of this Law;
4. Regulations of Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and 194 of the Law on Intellectual Property, which are amended by Clauses 25, 52, 53, 54, 55, 66, 74 and 75 Clause 1 of this Law, shall apply to inventions, industrial designs and layout designs that are results of science and technology missions funded by state budget that are assigned from the effective date of this Law.
5. Rights and obligations to industrial designs that are parts of products used for assembly of complex products under protection titles applied for before August 01, 2020 shall apply regulations of law that are effective before the effective date of this Law.
The basis for invalidation of protection titles shall be applied in accordance with effective laws on grant of these protection titles.
6. Individuals who are granted industrial property representation service practicing certificates before the effective date of this law may keep practicing under the granted certificates. Individuals who have passed the examination on industrial property representation profession organized by competent authorities before the effective date of this Law will be granted industrial property representation service practicing certificates in accordance with Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.
7. Applications for protection of plant variety rights have been submitted to competent authorities before the effective date of this Law shall continue to be processed in accordance with regulations of law that are effective when they are submitted. Individuals who are granted plant variety right representation service practicing certificates before the effective date of this Law may keep practicing under the granted certificates.
8. Unsolved lawsuits over infringement of intellectual property rights accepted by competent authorities before the effective date of this Law shall be handled in accordance with provisions of Law on Intellectual Property No. 50/2005/QH11, which is amended by Law No. 36/2009/QH12 and Law No. 42/2019/QH14.”.
Articles 72 and 73 of Law on Telecommunications No. 24/2023/QH15, which has been effective since July 01, 2024, stipulate that:
“Article 72. Entry into force
1. This Law comes into force from July 01, 2024, except for Clauses 3 and 4 of this Article.
2. The Law No. 41/2009/QH12 on Telecommunications amended by Law No. 21/2017/QH14 and Law No. 23/2018/QH14 will cease to be effective from the effective date of this Law, unless otherwise specified in Clause 4, Article 73 of this Law.
3. Regulations on provision of basic telecommunications services on the Internet, data center services and cloud computing services in Article 28 and Article 29 of this Law come into force from January 01, 2025.
4. Regulations on payment of fees for maintenance and use of network codes and charges for registration and use of network codes at Point d, Clause 9, Article 50 and Clause 3, Article 71 of this Law come into force from January 01, 2025.
Article 73. Transitional provisions
1. Licenses for telecommunications operations granted in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14, shall continue to be valid until the expiration date of such licenses.
2. Enterprises may continue to commercially provide telecommunications services within the remaining validity duration of the licenses for commercial provision of telecommunications services granted in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14 until such licenses expires, unless otherwise specified in Clause 3 of this Article.
3. In case where an enterprise has been granted a license for provision of telecommunications services and a license for establishment of public telecommunications networks and the validity duration stated on the license for provision of telecommunications services is shorter than that stated on the license for establishment of public telecommunications networks, the validity duration of the latter shall prevail.
4. In case an organization or enterprise submits an application for a telecommunications license before the effective date of this Law but has not been granted the license by July 1, 2024, it will be considered for a license in accordance with the Law on Telecommunications No. 41/2009/QH12 amended by the Law No. 21/2017/QH14 and Law No. 23/2018/QH14.”.
Article 252 and Article 253 of the Law on Land No. 31/2024/QH15, which has been effective since August 01, 2024, stipulate that:
“Article 252. Effect
1. This Law comes into force from January 01, 2025, except for the cases specified in clauses 2 and 3 of this Article.
2. Article 190 and Article 248 of this Law come into force from April 01, 2024.
3. The formulation and approval of land use planning may continue complying with Resolution No. 61/2022/QH15 dated June 16, 2022 of the National Assembly on continuing to strengthen the effect and efficiency of policies and laws on planning and a number of solutions to remove difficulties, speed up the formulation and improve the quality of planning for the 2021-2030 period.
Clause 9 Article 60 of this Law comes into force from the date on which Resolution No. 61/2022/QH15 ceases to have effect.
4. Land Law No. 45/2013/QH13 which was amended by Law No. 35/2018/QH14 (hereinafter referred to as “Land Law No. 45/2013/QH13”) shall cease to have effect from the effective date of this Law.
Article 253. Transitional provisions on land use planning and plans when this Law comes into force
1. Land use planning and plans that have been decided and approved by competent regulatory agencies before the effective date of this Law may continue to be implemented and adjusted when reviewing land use planning and plans according to Article 73 hereof.
2. A local authority that has provincial planning for the period of 2021 - 2030 approved according to planning laws before the effective date of this Law may continue adopting the plan for land distribution and zoning in the provincial planning to perform land management until the end of the planning period. The adjustment to the provincial planning shall comply with Law on Planning No. 21/2017/QH14.”.
Article 5 of the Law No. 43/2024/QH15 on amendments to certain Articles of Law on Land No. 31/2024/QH15, Law on Housing No. 27/2023/QH15, Law on Real Estate Business No. 29/2023/QH15 and Law on Credit Institutions No. 32/2024/QH15, which has been effective since August 01, 2024, stipulates that:
“This Law comes into force from August 01, 2024.”.
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