General provisions on management and use of public property of authorities and organizations in Vietnam

Vietnam law has general provisions on management and use of public property of authorities and organizations. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on public property of authorities and organizations in Vietnam? What are regulations on Authorities and organizations that are assigned to manage and use public property? Thanks for answering me!”

Legal grounds

• 2017 Vietnam Law on Management and Use of Public Property

Public property of authorities and organizations

– Office buildings, public service works, official-duty houses and other property pertaining to the land of workplaces, public service facilities and official-duty houses.

– Use rights of the land of workplaces, public service facilities and official-duty houses.

– Cars and other means of transport; machines and equipment.

– Intellectual property rights, application software and database.

– Other public property as prescribed by law.

Authorities and organizations that are assigned to manage and use public property

– State authorities.

– People’s armed forces.

– Public service providers.

– Communist Party of Vietnam.

– 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.

Rights and obligations of authorities and organizations that are assigned to manage and use public property

– Rights of authorities and organizations:

+ Use public property to serve their operations according to assigned functions and tasks;

+ Take measures for protect, operate and use distributed public property effectively in accordance with prescribe policies;

+ Have legitimate rights and interests protected by the State;

+ File complaints according to regulations of law;

+ Other rights as prescribed by law.

-Obligations of authorities and organizations:

+ Protect and use public property for the right purposes, standards, norms and policies; ensure cost-effectiveness;

+ Prepare and manage documents on public property, keeping financial accounts, compile inventories, reassess public property as stipulated regulations of 2017 Vietnam Law on Management and Use of Public Property and law on accounting;

+ Report and publish information about public property as prescribed herein;

+ Fulfill financial obligations in the use of public property;

+ Transfer public property to the State if there is any decision on its withdrawal made by competent authorities;

+ 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;

+ Other obligations as prescribed by law.

Rights and obligations of heads of authorities and organizations that are assigned to manage and use public property

– Rights of heads of authorities and organizations:

+ Ensure implementation of management and use of public property to carry out functions and tasks assigned by the State;

+ Monitor and inspect management and use of public property;

+ Take actions against violations of management and use of public property within their power or submit such violations to competent authorities for resolutions;

+ Other rights as prescribed by law.

– Obligations of heads of authorities and organizations:

+ Issue and ensure implementation of regulations on management and use of public property distributed by the State;

+ Comply with regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law; ensure the use of public property for the right purposes, standards, norms and policies; and ensure cost-effectiveness;

+ Take legally responsibilities for management and use of public property distributed by the State;

+ Resolve complaints within their power and take responsibilities for their explanations as prescribed in regulations of law;

+ Other obligations as prescribed by law.

Criteria and norms for the use of public property

– Criteria and norms for the use of public property of authorities and organizations 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.

– 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 of authorities and organizations.

Rules for issuance of criteria and norms for the use of public property

– Within competence.

– Following procedures for issuance as prescribed by law.

– In accordance with assigned functions and tasks; capacity of the state budget; degree of autonomy of public service providers.

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

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

+ Workplaces, public service facilities;

+ Cars;

+ Public property of overseas Vietnamese authorities.

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

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

+ Official-duty house;

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

– Based on regulations of competent authorities specified in Clause 1 and Clause 2 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.

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

– Based on regulations of competent authorities specified in Clauses 1, 2 and 3 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 and organizations within scope of their management, except for provisions of Clause 7 this Clause.

– 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.

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

Responsibility for inspection of criteria and norms for the use of public property

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

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

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

– During the process of inspection, if any violations against regulations on criteria and norms for the use of public property are found, authorities and organizations specified in Clause 1 and Clause 2 this Article shall promptly take actions against such violations within their competence or report them to competent authorities.

How to form public property of state authorities

– Formed public property of state authorities shall include:

+ Property in kind that is distributed by the State;

+ Property that is built or purchased by provision of the state budget or other funding as prescribed in regulations of law.

– The form of public property of state authorities shall:

+ Comply with assigned functions and tasks; criteria and norms for the use of public property issued by competent authorities;

+ Comply with source of property and funding to be used;

+ Follow methods and procedures specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law;

+ Ensure publicity, transparence and proper policies.

Please see more:

• Instructions for exclusive registration of company logos in Vietnam
• Service of changing the legal representative of Vietnamese enterprises

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