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Policies on management and use of financial resources obtained from land and other resources in Vietnam
Legal knowledge

Policies on management and use of financial resources obtained from land and other resources in Vietnam

by hà ngọc
written by hà ngọc

Vietnam Law has regulations on policies on management and use of financial resources obtained from land and other resources. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on management and use of financial resources obtained from the land in Vietnam? What are regulations on use of financial resources obtained from land? Thanks for answering me!”

  • 2017 Vietnam Law on Management and Use of Public Property

Management and use of financial resources obtained from the land

– The land shall be prepared statistics, inventoried, recorded and monitored according to regulations of law.

– Authorities and organizations whose land is distributed or leased out by the State shall aggregate the value of land use rights. Where the State distributes the land without collection of land levy or leases out the land that the land rental is exempted, the value of land use rights shall be aggregated with the property value of such authorities and organizations according to the Government’s regulations.

– Use of financial resources obtained from the land shall be carried out properly according to the planning and plans for using the land 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.

Use of financial resources obtained from land

– Collection of land levy.

– Collection of land rental and water surface rental.

– Collection of taxes, fees and charges related to the land.

– Use of value of land use rights to make payments to investors when executing construction projects in the form of build-transfer contracts.

– Use of vacant land to generate capital for infrastructure development.

– Use of other financial resources obtained from land.

Collection of land levy, land rental and water surface rental

Collection of land levy, land rental and water surface rental shall comply with regulations of law on land and relevant law.

Collection of taxes, fees and charges related to the 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

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:

– 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 distribution of the land with collection of land levy or lease of land with lump-sum land rental for the whole land lease term. Relevant parties and procedures for distribution and lease of the land shall comply with regulations of law on land;

– 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 rental.

Operation of vacant land to generate capital for infrastructure development

– Operation of a vacant land to generate capital for infrastructure development means the act the State when it applies the land withdrawal mechanism in the vicinity of land serving construction projects on infrastructure works according to the provisions of law on land in order to create a vacant land to generate capital for infrastructure development.

– Operation of the vacant land to generate capital for infrastructure development shall be made into a project. Power to approve projects on operation of the vacant land to generate capital for infrastructure development (hereinafter referred to as “projects”) shall be granted as follows:

+ The Prime Minister shall approve projects under central management;

+ People’s Committees of provinces shall approve projects under management of provinces.

– Operation of the vacant land to generate capital for infrastructure development shall apply to the form of land distribution with collection of land levy or lease of land with lump-sum payment for the whole land lease term in accordance with regulations of law on land.

– The 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.

– The Government shall specify this Article in detail.

Policies on management and use of financial resources obtained from land and other resources in Vietnam
Policies on management and use of financial resources obtained from land and other resources in Vietnam

Management and use of financial resources obtained from resources

– State authorities shall manage, prepare statistics, compile inventories, record and monitor resources in accordance with regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– Financial resources obtained from resources shall be used properly according to the planning, plans and the market mechanism.

Collection of charges for granting the right to use resources, collection of resource levy and resource rental

– Collection of charges for granting the right to use resources, collection of resource levy and resource rental shall conform to regulations of law on resources.

– Amounts and methods of collecting charges for granting the right to use resources, collecting resource levy and resource rental shall conform to regulations of the Government.

Collection of resource taxes, fees and charges for management, use and use of resources

Collection of 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 resources and other taxes, fees and charges related to resources shall comply with regulations of law on taxes and law on fees and charges.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall collection of charges for granting the right to use resources, collection of resource levy and resource rental conform to regulations of law on resources?

Collection of charges for granting the right to use resources, collection of resource levy and resource rental shall conform to regulations of law on resources.

Shall amounts and methods of collecting charges for granting the right to use resources, collecting resource levy and resource rental conform to regulations of the Government?

Amounts and methods of collecting charges for granting the right to use resources, collecting resource levy and resource rental shall conform to regulations of the Government.

Shall collection of resource taxes, overflight fees within airspace of Vietnam comply with regulations of law on taxes and law on fees and charges?

Collection of 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 resources and other taxes, fees and charges related to resources shall comply with regulations of law on taxes and law on fees and charges.

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Policies on management and use of public property of enterprises in Vietnam
Legal knowledge

Policies on management and use of public property of enterprises in Vietnam

by hà ngọc
written by hà ngọc

Vietnam law has regulations on policies on management and use of public property of enterprises. 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 enterprises in Vietnam? What are regulations on Management and use of public property that the State assigns enterprises to manage and whose state capital is not included in enterprises? Thanks for answering me!”

  • 2017 Vietnam Law on Management and Use of Public Property

Regulations on Public property of enterprises

– Public property that the State assigns an enterprise to manage and whose state capital is included in the enterprise.

– Public property that the State assigns an enterprise to manage and whose state capital is not included in the enterprise.

Public management and use of public property that the State assigns an enterprise to manage and whose state capital is included in the enterprise

– Management and use of public property that the State assigns an enterprise to manage and whose state capital is included in the enterprise shall comply with regulations of the Law on management and utilization of state capital invested in enterprises’ business operation and relevant law.

– Provision and use of cars serving business of officials of a state-owned enterprise shall conform to criteria and norms prescribed by the Government.

Policies on management and use of public property of enterprises in Vietnam
Policies on management and use of public property of enterprises in Vietnam

Management and use of public property that the State assigns enterprises to manage and whose state capital is not included in enterprises

– Management, use, operation and dispose of public property that the State assigns an enterprise to manage and whose state capital is not included in the enterprise shall comply with the following provisions:

+ The enterprise shall manage and use the assigned property for the right purposes and utility of the property; use of property to ensure fulfillment of civil obligations, contribute capital or transfer ownership to another entity shall be banned;

+ Costs of property repair and maintenance shall be covered by the enterprise, unless otherwise stated;

+ The enterprise shall aggregate and calculate the property depreciation according to regulations of law and a competent authority’s decision when the property is transferred;

+ 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;

+ The proceeds earned from disposal of public property shall be used to cover relevant costs, repay loans or mobilized capital (if any); the remainder shall be transferred to the state budget.

– Contents related to the form, management, use and disposal of public property that the State assigns an enterprise to manage and whose state capital is not included in the enterprise that is not specified in Clause 1 this Article shall apply to provisions of Section 5 Chapter III, Chapter IV, Section 1 Chapter VI, Chapter VII herein and other regulations of relevant law.

How to form project property

– How to form the property used for the execution of projects:

+ The State shall distribute the property in kind or provide funding for projects to invest in construction, purchase or lease the property serving the execution of each project;

+ The form of property shall conform to the rules specified in Clause 2 Article 28 herein. Distribution of property, investment in construction, purchase, lease of property or provision of fixed funding to 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).

– How to form property as a result of the completion of projects:

+ Project capital shall be used to invest in construction of property or purchase property;

+ The form of property shall conform to regulations of 2017 Vietnam Law on Management and Use of Public Property, relevant law and project documents (if any).

Disposal of property serving the execution of projects

– When there is property that needs to be disposed of, a project management unit shall:

+ 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;

+ Keep the property in good conditions pending the disposal of the property.

– 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.

– Forms to dispose of the property shall include:

+ Distribution to an authority or organization to manage or use the property;

+ Transfer;

+ Sale;

+ Liquidation;

+ Destruction;

+ Dealing with the property if it is lost or damaged;

+ Other forms as prescribed by law.

– Based on measures 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.

– 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 in another model.

Disposal of property created after the completion of projects

– 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:

+ Transfer;

+ Sale;

+ Liquidation;

+ Distribution of the property to an enterprise to manage or use it;

+ Other forms as prescribed by law.

– Transfer, sale or liquidation of the property shall comply with regulations of Articles 42, 43 and 45 herein. Distribution of the property to an enterprise to manage and use it shall comply with regulations of 2017 Vietnam Law on Management and Use of Public Property, law on management and utilization of state capital invested in enterprises’ business operation and relevant law.

Management and use of the property formed from the performance of scientific and technological tasks funded by the state capital

– The property formed from the performance of scientific and technological tasks funded by the state capital shall consist of:

+ The property provided for the performance of scientific and technological tasks;

+ The property formed as a result of the performance of scientific and technological tasks;

– 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.

– Disposal of the property provided for the performance of scientific and technological tasks shall be carried out in the following orders:

+ Distributing or selling the property to an organization in charge to continue results of tasks or using the property to use results of scientific and technological research for commercial purposes;

+ Transferring, selling, liquidating and destroying the property if the organization in charge of performing the tasks does not receive or purchase it. Transfer, sale, liquidation and destruction of the property shall comply with regulations of Articles 42, 43, 45 and 46 herein.

– Disposal of the property formed as a result of the performance of scientific and technological tasks shall be carried out in the following orders:

+ Transferring the property ownership or the right to use the property to the organization in charge to continue results of tasks or using the property to use results of scientific and technological research for commercial purposes;

+ Transferring the property ownership or the right to use the property to another entity if the organization in charge of performing tasks has no demand or capacity to use results of scientific and technological research for commercial purposes.

– The Government shall specify this Article in details.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall provision and use of cars serving business of officials of a state-owned enterprise conform to criteria and norms prescribed by the Government?

Provision and use of cars serving business of officials of a state-owned enterprise shall conform to criteria and norms prescribed by the Government.

Shall the State distribute the public property in kind or provide funding for projects to invest in construction?

The State shall distribute the public property in kind or provide funding for projects to invest in construction, purchase or lease the property serving the execution of each project;

What is the order for disposal of the property formed as a result of the performance of scientific and technological tasks?

 Disposal of the property formed as a result of the performance of scientific and technological tasks shall be carried out in the following orders:
Transferring the property ownership or the right to use the property to the organization in charge to continue results of tasks or using the property to use results of scientific and technological research for commercial purposes;
+ Transferring the property ownership or the right to use the property to another entity if the organization in charge of performing tasks has no demand or capacity to use results of scientific and technological research for commercial purposes.

+

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Regulations on disposal of infrastructural property in Vietnam
Legal knowledge

Regulations on disposal of infrastructural property in Vietnam

by hà ngọc
written by hà ngọc

Vietnam Law has regulations on disposal of infrastructural property. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are forms to dispose of infrastructural property in Vietnam? What are regulations on withdrawal of infrastructural property? What are regulations on transfer of infrastructural property? Thanks for answering me!’

  • 2017 Vietnam Law on Management and Use of Public Property

Forms to dispose of infrastructural property

– Withdrawal.

– Transfer.

– Sale.

– Using infrastructural property to make payments to investors when executing construction projects in the form of build-transfer contracts.

– Liquidation.

– Disposal of infrastructural property if it is lost or damaged.

– Other forms as prescribed by law.

Regulations on Withdrawal of infrastructural property

– Infrastructural property shall be withdrawn if:

+ There is a change in planning or power to manage infrastructural property;

+ The property is distributed to improper authorities or organizations, used for the improper purposes; or the property is for lending;

+ The property is sold, leased, given, mortgaged; the property is used for capital contribution or for joint venture purposes illegally;

+ The property is distributed but no longer used or its operation is not effective;

+ Other cases as prescribed by law.

– Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall:

+ Receive withdrawn property according to a competent authority’s decision; carry out or authorize a state authority having property withdrawn to carry out storage, protection, maintenance or repair of property pending the disposal of the property;

+ Make plans to dispose of or operate withdrawn property to submit them to a competent authority for approval; dispose of or operate property according to plans approved by a competent authority.

– Withdrawn infrastructural property shall be:

+ Distributed to authorities or organizations specified in Article 75 herein;

+ Transferred as specified in Article 89 herein;

+ Put on the market as specified in Article 90 herein.

– Where the withdrawn infrastructural property is distributed to an entity to operate according to regulations of Points b, c, d and dd Clause 1 Article 80 herein, rights and obligations of relevant parties shall be handled in accordance with the agreement terms and regulations of relevant law.

Transfer of infrastructural property

– Infrastructural property shall be transferred among authorities and organizations assigned to manage infrastructural property if:

+ There is a change in managing authorities or power to manage infrastructural property;

+ The property is distributed but no longer used or its operation is not effective;

+ Other cases prescribed by law.

– Authorities and organizations having property transferred shall undertake and cooperate with authorities or organizations eligible for receiving property in property transfer and receipt. Authorities or organizations eligible for receiving property shall make payments for reasonable costs related to property transfer and receipt. There shall be no payment for value of property when the infrastructural property is transferred.

Sale of infrastructural property

– Infrastructural property shall be put on the market in the following cases:

+ Withdrawal of property as specified in Article 88 herein;

+ Converting purposes of land use associated with converting utility of infrastructural property in line with the planning approved by a competent authority;

+ Other cases prescribed by law.

– Sale of infrastructural property shall comply with regulations of law on property auction.

– Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or authorities having property for sale shall make the sale of 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

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.

Liquidation of infrastructural property

– Infrastructural property shall be liquidated if:

+ Infrastructural property is damaged that fails to be repaired;

+ Old infrastructural property is demolished to invest in construction of the new one according to a project approved by a competent authority;

+ A competent state authority revises the planning that makes partial or entire infrastructural property unable to use in line with utility of the property;

+ Other cases as prescribed by law.

– Infrastructural property shall be liquidated in the form of demolition or destruction. Materials withdrawn from such demolition or destruction shall be:

+ Distributed to an authority having liquidated property to continue managing or using it;

+ Transferred;

+ Put on the market.

– Based on a competent authority’s decision, an authority having property liquidated shall:

+ Demolish or destroy the property according to regulations of law;

+ Make plans and report them to a competent authority to make a decision on disposal of withdrawn materials carried out in the forms specified in Clause 2 this Article;

+ Transfer or sell withdrawn materials according to provisions of Article 89 and Article 90 herein.

Regulations on disposal of infrastructural property in Vietnam
Regulations on disposal of infrastructural property in Vietnam

What to do with lost and damaged infrastructural property

– If public property is lost or damaged due to natural resources, fire or other causes, a state authority assigned to manage infrastructural property shall:

+ Report on lost or damaged property and responsibilities of relevant entities to a competent authority;

+ Make property write-offs and handle the liability of relevant entities according to a competent authority’s decision.

– If the lost or damaged infrastructural property is compensated by an insurance company or a relevant entity, the compensation shall be used to invest in reconstruction of the infrastructure according to regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

Management and use of proceeds earned from disposal of infrastructural property

– 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.

– 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:

+ Cost of inventory or measurement;

+ Cost of relocation, demolition or destruction;

+ Cost of evaluation of property;

+ Cost of selling property;

+ Other reasonable costs.

Construction investment, management and operation of infrastructural property carried out in the form of public-private partnerships

– 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 participating in construction investment and operation of infrastructural property.

– Existing infrastructural property used to participate in a project shall be approved by a competent authority.

– Authorities assigned to manage infrastructural property shall follow and make a report on proportion of the infrastructural property used to participate in a project while appointing an investor to execute the project.

– Investors are entitled to manage, use and operate the proportion of their own property within the agreed term of contracts to withdraw the payback. Investors shall maintain the property within 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.

– 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.

Transfer of property formed from projects executed in the form of public-private partnerships to the State

– 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.

– 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.

– Disposal of transferred property:

+ If the property is transferred by the State to an investor, a competent state authority shall report to a competent authority to distribute the property to a managing authority in accordance with provisions herein;

+ 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;

+ 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.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

What are forms to dispose of infrastructural property?

Forms to dispose of infrastructural property include: Withdrawal; Transfer; Sale; Using infrastructural property to make payments to investors when executing construction projects in the form of build-transfer contracts; Liquidation; Disposal of infrastructural property if it is lost or damaged; Other forms as prescribed by law.

When shall infrastructural property be withdrawn?

 Infrastructural property shall be withdrawn if:
+ There is a change in planning or power to manage infrastructural property;
+ The property is distributed to improper authorities or organizations, used for the improper purposes; or the property is for lending;
+ The property is sold, leased, given, mortgaged; the property is used for capital contribution or for joint venture purposes illegally;
+ The property is distributed but no longer used or its operation is not effective;
+ Other cases as prescribed by law.

When shall Infrastructural property shall be transferred among authorities and organizations assigned to manage infrastructural property?

Infrastructural property shall be transferred among authorities and organizations assigned to manage infrastructural property if:
+ There is a change in managing authorities or power to manage infrastructural property;
+ The property is distributed but no longer used or its operation is not effective;
+ Other cases prescribed by law.

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Policies on management and use of infrastructural property in Vietnam
Legal knowledge

Policies on management and use of infrastructural property in Vietnam

by hà ngọc
written by hà ngọc

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

  • 2017 Vietnam Law on Management and Use of Public Property

Management and use of infrastructural property

– Management and use of infrastructural property invested and managed by the State shall comply with regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– 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.

Authorities and organizations assigned to manage infrastructural property

– State authorities.

– People’s armed forces.

– Public service providers.

– Enterprises.

– Other authorities and organizations as prescribed in regulations of relevant law.

Rights and obligations of authorities and organizations assigned to manage infrastructural property

– Authorities and organizations assigned to manage infrastructural property are entitled to:

+ Make a decision on response to protect and operate infrastructural property that is assigned to manage according to regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

+ Have legitimate rights and interests protected by the State;

+ File complaints according to regulations of law;

+ Other rights as prescribed by law.

– Authorities and organizations assigned to manage infrastructural property shall:

+ Prepare and manage documents; aggregate infrastructural property according to regulations of 2017 Vietnam Law on Management and Use of Public Property and law on accounting;

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

+ Take measures for maintaining, developing and protecting infrastructural property;

+ Fulfill financial obligations in operation of infrastructural property;

+ Transfer infrastructural property when the State makes a decision on withdrawal;

+ Other obligations as prescribed by law.

– Rights and obligations of heads of state authorities, people’s armed forces, public service providers, enterprises and other authorities and organizations specified in Article 75 herein:

+ Ensure implementation of management, use and operation of property that the State assigns to manage;

+ Monitor and inspect management and use of distributed property;

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

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

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

+ Other rights and obligations as prescribed by law.

Infrastructural property distributed to managing authorities and organizations

– Existing infrastructural property that has not been distributed to managing authorities and organizations.

– Newly built infrastructural property.

– Withdrawn infrastructural property as prescribed in Article 88 herein.

– Infrastructural property whose public ownership is established as specified in Section 2 Chapter VI herein.

– Other infrastructural property as prescribed by law.

Documents, preparation of statistics, keeping financial accounts, inventory, re-evaluation and making reports on infrastructural property

– Documents on infrastructural property shall contain:

+ Documents related to the form of infrastructural property and fluctuation;

+ Reports on infrastructural property management and use and other reports on infrastructural property;

+ Data on infrastructural property on national database on public property.

– Infrastructural property shall be statistically and financially accounted and inventoried in accordance with regulations of law on accounting, law on statistics and relevant laws. Authorities and organizations assigned to manage infrastructural property shall make reports on management and use of property as prescribed herein.

– Infrastructural property is a fixed asset and shall be depreciated according to regulations of law.

– Re-evaluation of infrastructural property value shall be carried out in the following cases:

+ Compiling an inventory, re-evaluating the property according to a competent authority’s decision;

+ Upgrading or extending the property according to a project approved by a competent authority;

+ Distributing, compiling an inventory or transferring property which has not been aggregated on accounts;

+ Selling or liquidating property;

+ Property that is extremely damaged due to natural disasters, fire or other causes;

+ Other cases as prescribed by law.

– Re-evaluation of infrastructural property value shall comply with regulations of 2017 Vietnam Law on Management and Use of Public Property, law on accounting and relevant law.

Policies on management and use of infrastructural property in Vietnam
Policies on management and use of infrastructural property in Vietnam

Maintenance of infrastructural property

– 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.

– Forms of infrastructural property maintenance shall comply with regulations of relevant law.

– Every year, authorities and organizations 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.

– Organizations and individuals 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.

– Entities receiving transfer of the right to collect charges, leasing the right to use or receiving fixed-term transfer of infrastructural property shall maintain infrastructural property in accordance with regulations of law and terms of relevant agreements.

– Funding for infrastructural property maintenance including funding from state budget shall comply with regulations of law on state budget and other funding prescribed by law.

Forms of operation of infrastructural property

– Operation of infrastructural property shall be carried out in the following forms:

+ Operation of infrastructural property by the managing entity;

+ Transferring the right to collect infrastructural property user charges;

+ Leasing out the right to operate infrastructural property;

+ Fixed-term transferring of the right to operate infrastructural property;

+ Other forms as prescribed by law.

– Based on socio-economic development requirements, management requirements, the capability to exploit infrastructural property and forms specified in Clause 1 this Article, authorities or organizations assigned to manage infrastructural property shall actively 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.

– 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.

– 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 agreements. 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, entities receiving the transfer of the right to collect charges or leasing the right to exploit or receiving the fixed-term transfer of the right to exploit infrastructural property shall transfer the property to assigned authorities or organizations in order to ensure the normal technical operation conditions of the property in line with requirements of the agreement.

Operation of infrastructural property carried out by authorities and organizations assigned to manage infrastructural property

– Authorities and organizations assigned to manage infrastructural property are entitled to directly operate the property if:

+ Infrastructural property is related to national security as prescribed in the Prime Minister’s decision at the request of a contact point responsible for the management of infrastructural property and another relevant authority;

+ 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.

– Authorities and organizations assigned to manage infrastructural property shall provide services related to infrastructural property and support services and organize operations management of infrastructural property.

– 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 relevant to provision of services as prescribed in regulations of law.

Transfer of the right to collect infrastructural property user charges

– Transfer of the right to collect infrastructural property user charges shall be made when the State authorizes the right to collect infrastructural property user charges to organizations and individuals within the fixed term as stated in an agreement to receive a corresponding amount of money.

Organizations and individuals receiving transfer shall be entitled to collect infrastructural property user charges and other revenue related to provision of services as regulated by law.

– Transfer of the right to collect infrastructural property user charges shall apply to the infrastructural property that is charged according to regulations of law on fees and charges and not subject to existing infrastructural property whose investment project on upgrading or expanding approved by a competent state authority as specified in Clause 2 Article 84 herein.

– Transfer of the right to collect infrastructural property user charges shall comply with regulations of law on property auction.

– Term for transfer of the right to collect infrastructural property user charges shall be determined in particular for each agreement.

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Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall management and use of infrastructural property including state capital of enterprises comply with regulations of law on management?

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.

What authorities and organizations are assigned to manage infrastructural property?

Authorities and organizations assigned to manage infrastructural property comprise:
– State authorities.
– People’s armed forces.
– Public service providers.
– Enterprises.
– Other authorities and organizations as prescribed in regulations of relevant law.

Are authorities and organizations assigned to manage infrastructural property entitled to make a decision on response to protect and operate infrastructural property?

Authorities and organizations assigned to manage infrastructural property are entitled to make a decision on response to protect and operate infrastructural property that is assigned to manage according to regulations of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

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Policies on management and use of public property of public service providers in Vietnam
Legal knowledge

Policies on management and use of public property of public service providers in Vietnam

by hà ngọc
written by hà ngọc

Vietnam law has regulations on policies on management and use of public property of public service providers. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what is the form of public property of public service providers in Vietnam? What are regulations on investment in construction of public service facilities? Thanks for answering me!”

  • 2017 Vietnam Law on Management and Use of Public Property

The form of public property of public service providers

– Sources to form public property of a public service provider shall include:

+ Public property in kind distributed by the State to the state authorities specified in Article 29 herein;

+ Property that is built or purchased by provision of the state budget, public service development funds, property depreciation funds or other funding as prescribed in regulations of law;

+ Property formed from loans, mobilized capital, joint venture with organizations or individuals.

– The form of public property of public service providers shall conform to the rules specified in Clause 2 Article 28 herein.

– For the form of public property specified in Point c Clause 1 this Article, apart from conforming to the rules stipulated in Clause 2 Article 28 herein, it is required that the following provisions be applied:

+ There shall be projects on joint venture; methods of loan borrowing, mobilization and refund that are approved by a competent authority;

+ Public service providers shall refund debts and other relevant costs; take responsibility for efficiency of loan borrowing and mobilization or joint venture.

Investment in construction of public service facilities

– The investment in construction of public service facilities, including the use of borrowed capital, mobilized capital and joint ventures shall be carried out when the following requirements are fully satisfied:

+ There is no public service facility or a public service facility whose area is inadequate compared to criteria and norms;

+ The State has no property to distribute and has the public service facility is not for lease.

– Investment in construction of public service facilities shall comply with regulations of law on public investment, law on construction and relevant law.

– There is no allocation of public investments or state budget to invest in construction of new property that is used for commercial purposes, for lease or for joint venture purposes only.

– Investment in construction of public service facilities in the form of public-private partnerships shall apply to investment in construction of workplaces of state authorities as specified in Clause 5 Article 30 herein.

Purchase of public property serving operation of public service facilities

– Purchase of a public service facilities and other property shall be made when the following requirements are fully met:

+ There is lack of property compared to criteria and norms;

+ The State has no property to distribute and the public service facility is not either for lease or provided fixed funding for using property.

– There is no allocation of state budget to purchase public property that is used for commercial purposes, for lease or for joint venture purposes only.

– 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

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.

Use and operations management of public property of public service providers

– Use of public property shall conform to the rules specified in Article 6 herein.

– Lending or using public property for private purposes shall be banned.

– Use of public property for commercial purposes, for lease or for joint venture purposes shall comply with regulations of Articles 55, 56, 57 and 58 herein.

– 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 2017 Vietnam Law on Management and Use of Public Property and relevant law; management and use of proceeds shall comply with regulations of law.

– Public service providers are not permitted to use public property for mortgage or take measures for ensuring the fulfillment of other civil obligations if:

+ The public property is distributed by the State;

+ The public property is built or purchased by provision of the state budget;

+ Land use rights, except for land use rights used for commercial purposes, for lease or for joint venture purposes and the land rental has been paid in lump sum without origin from the state budget after ministers or heads of central 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.

– 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.

General provisions on use of public property of public service providers for commercial purposes, for lease and for joint venture purposes

– Public service providers are entitled to use public property for commercial purposes, for lease and for joint venture purposes in the cases specified in Clause 1 Article 56, Clause 1 Article 57 and Clause 1 Article 58 herein.

-Use of public property for commercial purposes, for lease or joint venture purposes shall satisfy the following requirements:

+ Being granted permission by the competent authorities specified in Clause 2 Article 56, Clause 2 Article 57 and Clause 2 Article 58 herein;

Policies on management and use of public property of public service providers in Vietnam
Policies on management and use of public property of public service providers in Vietnam

+ Not affecting the performance of functions and tasks assigned by the State;

+ Not losing the public property ownership; preserving and developing capital and property distributed by the State;

+ Using the property for the right purposes assigned and purposes of construction investment, purchase; fulfilling functions and tasks of public services providers;

+ Increasing capacity and efficiency of using the property;

+ Ensuring the depreciation of fixed assets, fulfilling obligations on tax, fees, charges and other state financial obligations;

+ The State shall not provide funding for maintenance or repair of public property that is used for commercial purposes, for lease or for joint venture purposes only; public service providers shall use proceeds earned from business, lease or joint ventures to maintain or repair public property;

+ Ensuring the market mechanism and complying with regulations of relevant law.

– Public service providers using public property for commercial purposes, for lease or joint venture purposes shall:

+ Make plans for using public property for commercial purposes, for lease or joint venture purposes to submit them to a competent authority for approval;

+ Implement approved plans;

+ Update information about the use of public property for commercial purposes, for lease or for joint venture purposes to the national database on public property;

+ Fulfill all requirements specified in Clause 2 this Article.

– Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall:

+ Assess and submit plans for using public property for commercial purposes, for lease and for joint venture 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;

+ Receive, manage and publish information about the use of public property for commercial purposes, for lease or for joint venture purposes.

– The proceeds earned from business, lease or joint ventures shall be aggregated separately and kept all accounts as prescribed in regulations of law on accounting and shall be managed and used as follows:

+ Making payment for relevant costs;

+ Making repayment for loans or mobilized capital (if any);

+ Fulfilling state financial obligations;

+ Managing and using the remaining proceeds according to regulations of the Government.

Use of public property of public service providers for commercial purposes

– A public service provider is entitled to use public property for commercial purposes if:

+ The property is distributed, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;

+ 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.

– Power to approve plans for using property for commercial purposes:

+ Ministers, heads of central authorities and chairmen of People’s Committees of provinces shall approve plans towards property which is public service facilities; other property with high value as prescribed by the Government;

+ Management councils or heads of public service providers shall approve plans towards property that is not specified in Point a of this Clause.

Use of public property of public service providers for lease

– A public service provider is entitled to lease out public property if:

+ The property is distributed, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;

+ 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.

– Power to approve plans for the lease of public property of public service providers:

+ Ministers, heads of central authorities and chairmen of People’s Committees of provinces shall approve plans towards property which is public service facilities; other property with high value as prescribed by the Government;

+ Management councils or heads of public service providers shall approve plans towards property that is not specified in Point a of this Clause.

– Form of lease and property rental:

+ 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 rental shall be the final bid;

+ The property that is not specified in Point a this Clause shall be leased out by negotiation; property rental shall be negotiated by and between the lessor and the lessee according to the rental listed on the market of the property with the same type or the property having the same specification, quality or origin.

Use of public property of public service providers for joint venture purposes

– A public service provider is entitled to use public property to associate with a foreign or domestic entity if:

+ The property is distributed, invested in construction or purchased to perform tasks assigned by the State but it has not been used at full capacity;

+ The property is invested in construction or purchased in accordance with a project approved by a competent authority for joint venture purposes that is not funded by the state budget;

+ Use of public property for joint venture purposes brings in greater efficiency in providing public services according to assigned functions and tasks.

– Ministers or heads of central authorities shall approve plans for using of property of public service providers within scope of their management for joint venture purposes after a written opinion of the Ministry of Finance is given; chairmen 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.

– 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:

+ 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;

+ 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;

+ If the property is a brand of a public service provider, the value of such brand to contribute capital for joint venture shall be determined according to Vietnam’s valuation standards, law on intellectual property and relevant law;

+ 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 of the property with the same type or property having the same specifications, quality or origin.

Maintenance and repair of public property of public service providers

– Maintenance and repair of public property of public service providers shall comply with regulations of Clause 1 and Clause 3 Article 39 herein.

– 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 purposes shall apply to provisions of Point g Clause 2 Article 55 herein.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall investment in construction of public service facilities comply with regulations of law on public investment, law on construction and relevant law?

 Investment in construction of public service facilities shall comply with regulations of law on public investment, law on construction and relevant law.

Is there allocation of public investments or state budget to invest in construction of new property that is used for commercial purposes?

There is no allocation of public investments or state budget to invest in construction of new property that is used for commercial purposes, for lease or for joint venture purposes only.

When shall purchase of a public service facilities and other property be made?

Purchase of a public service facilities and other property shall be made when the following requirements are fully met:
+ There is lack of property compared to criteria and norms;
+ The State has no property to distribute and the public service facility is not either for lease or provided fixed funding for using property.

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

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

by hà ngọc
written by hà ngọc

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!”

  • 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.

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

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:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Do authorities and organizations that are assigned to manage and use public property have the right to use public property to serve their operations

Authorities and organizations that are assigned to manage and use public property have the right to use public property to serve their operations according to assigned functions and tasks.

Do authorities and organizations that are assigned to manage and use public property have the right to take measures for protect, operate and use distributed public property?

Authorities and organizations that are assigned to manage and use public property have the right to take measures for protect, operate and use distributed public property effectively in accordance with prescribe policies;

Do authorities and organizations that are assigned to manage and use public property have the obligation to protect and use public property for the right purposes?

Authorities and organizations that are assigned to manage and use public property have the obligation to protect and use public property for the right purposes, standards, norms and policies; ensure cost-effectiveness;

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Rights and responsibilities of state authorities towards public property in Vietnam
Legal knowledge

Rights and responsibilities of state authorities towards public property in Vietnam

by hà ngọc
written by hà ngọc

Vietnam law has regulations on management, rights and responsibilities of state authorities towards public property. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on state management of public property? What are rights and responsibilities of the Government towards public property? Thank you!”

  • 2017 Vietnam Law on Management and Use of Public Property

State management of public property

– Promulgate and comply with regulations of legislative documents on management and use of public property.

– Manage transfer of public property; invest in construction, purchase, lease, provide fixed funding for using public property; establish public ownership for property.

– Manage the use, protection, maintenance and repair of public property; use financial resources obtained from public property.

– Manage withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property.

– Compile inventories and make reports on public property.

– Develop and operate information systems and national database on public property.

– Carry out international cooperation on public property.

– Manage and monitor exercise of rights and fulfillment of obligations of authorities and organizations in management and use of public property.

– Inspect, audit, monitor, follow and assess the compliance with regulations of law on management and use of public property and actions against violations of regulations thereon.

– Settle claims on management and use of public property.

– Manage services related to public property.

– Other contents prescribed in regulations of relevant law.

Rights and responsibilities of the Government

– 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.

– Act as an owner’s representative of public property. Ensure consistency of public property management as specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law and ensure cooperation among state authorities in management of public property.

– Issue detailed regulations on: management of operation, utility conversion of public property, operation of public property of authorities and organizations; use of public property for commercial purposes, for lease or joint venture purposes; management, use and operation of infrastructural property; use of public property to participate in investment projects in the form of public-private partnerships; use of public property to make 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 rental or water surface rental; information systems and national database on public property; operation of telephone numbers serving state management; rearrangement of management and use of public property of authorities and organizations for the right purposes, criteria and norms.

Rights and responsibilities of state authorities towards public property in Vietnam
Rights and responsibilities of state authorities towards public property in Vietnam

– Decide or grant power to decide to:

+ Transfer, purchase, lease and dispose of public property of authorities and organizations;

+ Use public property for commercial purposes, for lease or for joint venture purposes at authorities and organizations;

+ Transfer or dispose of infrastructural property; approve projects on operation of infrastructural property.

+ 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;

+ Establish public ownership of property; approve plans for disposal of property whose public ownership is established;

+ Purchase, lease and approve plans for disposal of property serving state-funded projects.

– 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 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– 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.

– Inspect, settle claims against public property, take actions against violations of management and use of public property.

– Execute other rights and fulfill other responsibilities as prescribed in provisions of 2017 Vietnam Law on Management and Use of Public Property and relevant law.

Rights and responsibilities 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.

Rights and responsibilities of the Ministry of Finance

– Act as a focal point to assist the Government in ensuring the consistency of state management of public property.

– Take charge of preparing and submitting to competent authorities for issuing legislative documents on:

+ Policies on management and use of public property of authorities and organizations; granting power to make a decision on management and use of public property;

+ 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 and organizations in foreign countries (hereinafter referred to as “overseas Vietnamese authorities”), machines, equipment and public property that are commonly used at authorities and organizations, except for official-duty houses and special-purpose property of people’s armed forces;

+ Policies on financial management of land and natural resources; policies on management and disposal of public ownership; policies on management and use of enterprises’ public property; policies on management and use of property of state-funded projects and property formed from performing scientific and technological tasks funded by the State.

– Cooperate with ministries or ministerial authorities in producing legislative documents on management and use, criteria and norms to use public property within scope of state management of such ministries or ministerial authorities.

– Execute rights and fulfill responsibilities of owner’s representatives towards public property as prescribed in regulations of law and assigned by the Government; issue and execute legislative documents on management and use of public property within its power and assigned scope; publish information about public property nationwide.

– 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.

– Gather information about management and use of public property and submit it to the Government to report to the National Assembly.

– Inspect, settle claims against public property, take actions against violations of management and use of public property as prescribed by regulations of law and assigned by the Government.

– Execute other rights and fulfill other responsibilities as specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law and assigned by the Government.

Rights and responsibilities of ministries, ministerial authorities, governmental authorities and other central authorities

– Ministries, ministerial authorities, governmental authorities and other central authorities (hereinafter referred to as “ministries and central authorities”) shall have the rights and responsibilities to:

+ Execute 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;

+ Report management and use of public property in accordance with guidelines of the Ministry of Finance;

+ Inspect, settle claims against public property, take actions against violations of management and use of public property as stipulated by law and assigned by the Government;

+ Execute other rights and fulfill other responsibilities as specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law and assigned by the Government.

– Apart from the rights and responsibilities specified in Clause 1 this Article, ministries and central authorities shall execute management of public property; inspect management and use of public property as prescribed in regulations of law and assigned by the Government.

Rights and responsibilities of People’s Councils of all levels

– People’s Councils of all levels shall monitor the compliance with regulations of law on management and use of public property within scope of their management; execute other rights and fulfill other responsibilities as prescribed in 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– According to provisions of 2017 Vietnam Law on Management and Use of Public Property, 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.

Rights and responsibilities of People’s Committees of all levels

– Execute 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;

– 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.

– Inspect, settle claims against public property and take actions against violations of management and use of public property.

– Execute other rights and fulfill other responsibilities as specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law and assigned by People’s Councils of provinces.

Responsibility for management of public property

– The Minister of Finance shall assign ministerial authorities responsible for the management of public property to:

+ Execute rights and fulfill responsibilities for state management of public property as specified in Article 15 herein;

+ Directly manage and dispose of certain public property as prescribed in 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– Ministers or heads of central authorities shall assign ministerial authorities or central authorities to:

+ Execute rights and fulfill responsibilities for state management of public property as specified in Article 16 herein;

+ Directly manage and dispose of certain public property as prescribed in 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– People’s Committees of provinces or districts shall assign finance authorities of provinces or districts to:

+ Execute rights and fulfill responsibilities for state management of public property as specified in Article 18 herein;

+ Directly manage and dispose of certain public property as prescribed in 2017 Vietnam Law on Management and Use of Public Property and relevant law.

– Specialized authorities affiliated to People’s Committees of provinces or districts shall assist People’s Committees thereof in fulfilling responsibility for state management of public property.

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Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Does the Government have the right to submit bills, ordinances or resolutions on management and use of public property to the National Assembly?

Yes! The Government has the right to 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.

Does the Government have the right to act as an owner’s representative of public property?

Yes! The Government has the right to act as an owner’s representative of public property. Ensure consistency of public property management as specified in 2017 Vietnam Law on Management and Use of Public Property and relevant law and ensure cooperation among state authorities in management of public property.

Does the Government have the right to decide or grant power to decide to transfer, purchase, lease and dispose of public property?

Yes! The Government has the right decide or grant power to decide to transfer, purchase, lease and dispose of public property of authorities and organizations.

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General provisions on management and use of public property in Vietnam
Legal knowledge

General provisions on management and use of public property in Vietnam

by hà ngọc
written by hà ngọc

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

  • 2017 Vietnam Law on Management and Use of Public Property

Classification of public property

Public property shall be classified as follows:

– Public property used to manage and provide public services and ensure national security of competent state authorities, people’s armed forces, public service providers, authorities affiliated to Communist Party of Vietnam, 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 of authorities and organizations”);

– Infrastructural property serving national or public interests are technical infrastructure works, social infrastructure facilities, land areas, water areas or sea areas 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”);

– Public property of enterprises;

– Property of state-funded projects;

– 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;

– Money of the state budget, non-state budget financial funds and foreign exchange reserves of the State;

– Land; water resources, forest resources, mineral resources, marine resources, airspace, telephone numbers and other numbers serving state management, Internet resources, radio frequency spectrum, orbit satellites and other resources managed by the State

Policies on management and use of public property

– The State shall formulate policies on public property investment, operation and protection.

– The State shall modernize and professionalize management of public property to enhance efficiency and effectiveness of management and use of public property; to ensure personnel and financial resources for the management and use of public property.

– The State shall encourage both domestic and foreign organizations and individuals to:

+ Invest in science and technology to increase public property and modernize management of public property;

+ Transfer rights to invest, operate or lease of public property;

+ Provide services related to public property.

Rules for management and use of public property

– The State shall authorize management and use of each public property corresponding to each organization and individual in accordance with 2017 Vietnam Law on Management and Use of Public Property and relevant law.

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

– Public property invested 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.

– 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.

– Public property serving management and provision of public services and assurance of national security shall be used cost-effectively for the right purposes, utility, subjects, standards, norms and policies as prescribe by law.

– Use of financial resources obtained from public property shall be subjected to market mechanism, effectiveness, transparence and lawfulness.

– Management and use of public property shall apply the principle of transparence and ensure thrift practice, waste combat, corruption prevention and control.

– 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.

Forms of using financial resources obtained from public property

– Assign the right to use public property.

– Grant the right to operate public property.

– Lease out public property.

– Transfer or lease out the right to operate or use public property.

– Use public property for commercial or for joint venture purposes.

– Use public property to fulfill state obligations.

– Sell or liquidate public property.

– Other forms as prescribed by law.

Publishing of information about public property

– Publishing of information about public property shall be carried out fully, promptly and accurately; otherwise actions against violations shall be taken.

– Published information shall include:

+ Legislative documents, standards, norms and administrative procedures for public property;

+ Construction investment, purchase, distribution, lease, use, withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;

+ Use of financial resources obtained from public property.

– Forms of publishing:

+ Publishing information about public property on websites of the Government, Ministry of Finance, ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees of provinces;

+ Making public lists and displaying them at workplaces of organizations that are assigned to manage and use public property;

+ Making announcements at meetings of organizations that are assigned to manage and use public property;

+ Other forms of publishing as prescribed by law.

– Responsibilities for publishing:

+ The Ministry of Finance shall publish information about public property nationwide;

+ Ministries, ministerial authorities, governmental authorities, other central authorities and People’s Committees of all levels shall publish information about public property within their scope of management;

+ Organizations that are assigned to manage and use public property shall publish information about public property within their scope of management and use;

+ 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.

– The Government shall specify this Article in details.

Community-based monitoring of public property

– 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 undertake and cooperate with its members and relevant organizations to organize community-based monitoring of public property.

– The Vietnamese Fatherland Fronts of 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.

– Contents of monitoring:

+ Compliance with regulations of law on management and use of public property;

+ Construction investment, purchase, distribution, lease, use, withdrawal, transfer, utility conversion, sale, liquidation, destruction and other forms to dispose of public property;

+ Use of financial resources obtained from public property;

+ Publishing of information about public property.

– Forms of monitoring:

+ Studying and reviewing documents of competent state authorities on management and use of public property related to legitimate rights and interests of people;

+ Organizing monitoring delegations;

+ Organizing monitoring visits with competent organizations;

+ Monitoring through activities of People’s Inspectorates and Investment Monitoring Boards of communes.

Banned actions in management and use of public property;

– Take advantage of positions and power to illegally occupy and use public property.

– Invest in construction, purchase, distribute, lease or use public property for the improper purposes and policies or exceeding criteria and norms.

– Transfer public property to an organization or individual that exceeds the criteria and norms or has no demand for use of public property.

– Use cars and other public property that are given by an organization or individual for the improper purposes and policies or exceeding criteria and norms.

– Use or fail 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; or use public property for illegal business.

– Dispose of public property illegally.

– Destroy or intentionally damage public property.

– Occupy or use public property illegally.

– Fail to fulfill all responsibilities or obligations in management and use of public property.

– Other banned actions in management and use of public property as prescribed in regulations of relevant law.

Actions against violations of regulations on management and use of public property

– Authorities, organizations and other entities that commit violations against regulations on management and use of public property shall be disciplined, imposed penalties for administrative violations or criminal prosecution depending on nature and seriousness of the violations; or shall compensate for damage to the State (if any).

– Heads of authorities or organizations shall explain and take full responsibility or jointly take 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 criminal prosecution depending on nature and seriousness of the violations.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shallthe State formulate policies on public property investment, operation and protection?

The State shall formulate policies on public property investment, operation and protection.

Shall the State modernize and professionalize management of public property to enhance efficiency and effectiveness of management and use of public property?

The State shall modernize and professionalize management of public property to enhance efficiency and effectiveness of management and use of public property; to ensure personnel and financial resources for the management and use of public property.

Shall the State encourage both domestic and foreign organizations and individuals to invest in science and technology to increase public property?

The State shall encourage both domestic and foreign organizations and individuals to invest in science and technology to increase public property and modernize management of public property,

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Regulations on auction remuneration
Legal knowledge

Regulations on auction remuneration, property auction expenses in Vietnam

by hà ngọc
written by hà ngọc

Vietnam law has regulations on auction remuneration, property auction expenses. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on auction remuneration and property auction expenses in Vietnam? What are regulations on Handling of violations committed by property sellers? Thank you!”

Auction remuneration and property auction expenses

– Auction remuneration and property auction expenses shall be agreed upon by the property seller and property auction organization in the property auction service contract. In case of auction of property mentioned in Clause 1, Article 4 of 2016 Vietnam Law on Property Auction, auction remuneration shall be determined based on service charge brackets set by the Ministry of Finance.

– Property auction expenses include the expense for public display and notification of information and other actual reasonable expenses for property auction as agreed upon by the property seller and property auction organization.

Charges for the service of carrying out the procedures for transfer of rights to own, use and manage, and for other services relating to, auctioned property

An individual or organization that asks for and is provided by a property auction organization with the service of carrying out the procedures for transfer of the rights to own, use and manage, and for other services relating to, the auctioned property shall pay a service charge to the property auction organization as agreed by the parties.

Management and use of auction remuneration, property auction expenses, service charges and other revenues

– The management and use of auction remuneration, property auction expenses, service charges and other revenues of property auction service centers must comply with the financial regulations applicable to public non-business units having revenues.

– The management and use of auction remuneration, property auction expenses, service charges and other revenues of property auction enterprises must comply with law.

Regulations on auction remuneration, property auction expenses in Vietnam
Regulations on auction remuneration, property auction expenses in Vietnam

Handling of violations committed by auctioneers, property auction organizations, property auction councils or the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions

– An auctioneer who commits one of the acts prescribed in Clause 1, Article 9, or violates the provisions of Clause 2, Article 19 or other provisions, of 2016 Vietnam Law on Property Auction shall, depending on the nature and severity of his/her violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay damages in accordance with law.

– A property auction organization, a property auction council or the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions that commits one of the acts prescribed in Clause 2 or 3, Article 9, violates the provisions of Clause 2, Article 24, commits one of the acts prescribed in Clause 3, Article 65, or violates other provisions, of 2016 Vietnam Law on Property Auction shall, depending on the nature and severity of its violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay damages in accordance with law.

Handling of violations committed by bidders, winning bidders or related individuals and organizations

A bidder, winning bidder or related person or organization that commits one of the acts prescribed in Clause 5, Article 9, or violates other provisions, of 2016 Vietnam Law on Property Auction shall, depending on the nature and severity of his/her/its violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Handling of violations committed by property sellers

A property seller that commits one of the acts prescribed in Clause 4, Article 9, or violates the provisions of Clause 2, Article 47 or other provisions, of 2016 Vietnam Law on Property Auction shall, depending on the nature and severity of its/his/her violation, be disciplined, administratively sanctioned or examined for penal liability and, if causing damage, pay compensation in accordance with law.

Cancellation of property auction results

Property auction results shall be cancelled in the following cases:

– The cancellation of property auction results is agreed upon between the property seller, property auction organization and winning bidder or the cancellation of the conclusion of the contract on purchase and sale of the auctioned property or cancellation of this contract is agreed upon between the property seller and winning bidder, unless the auction causes damage or affects the interests of the State or lawful rights and interests of individuals and organizations;

– The property auction service contract or contract on purchase and sale of the auctioned property is declared null and void by the court under the civil law in case the winning bidder commits the act prescribed at Point b, Clause 5, Article 9 of 2016 Vietnam Law on Property Auction;

– The property auction service contract is cancelled under Clause 6, Article 33 of 2016 Vietnam Law on Property Auction;

– The property seller, bidder, winning bidder, property auction organization or auctioneer commits an act of collusion or price suppression during the auction, thus falsifying information on the auctioned property or auction dossier or property auction results;

– As decided by the person with administrative sanctioning competence in case of auction of state property when there is one of the grounds specified in Clause 6, Article 33 of 2016 Vietnam Law on Property Auction.

Legal consequences of cancellation of property auction results

In case of cancellation of property auction results under Clause 2, 3,4 or 5, Article 72 of 2016 Vietnam Law on Property Auction, the parties shall restore the original state of, and return to one another, the received property or pay cash if they are unable to return the property in kind. The party at fault that causes damage shall pay compensation in accordance with law.

Regulations on Dispute settlement

For a dispute between the parties to a property auction service contract or contract on purchase and sale of the auctioned property, these parties may conduct a negotiation or conciliation or request a competent agency to settle the dispute in accordance with law.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall auction remuneration and property auction expenses be agreed upon by the property seller and property auction organization in the property auction service contract?

Auction remuneration and property auction expenses shall be agreed upon by the property seller and property auction organization in the property auction service contract. In case of auction of property mentioned in Clause 1, Article 4 of 2016 Vietnam Law on Property Auction, auction remuneration shall be determined based on service charge brackets set by the Ministry of Finance.

What do property auction expenses include?

Property auction expenses include the expense for public display and notification of information and other actual reasonable expenses for property auction as agreed upon by the property seller and property auction organization.

Shall an individual or organization that asks for the auctioned property pay a service charge to the property auction organization as agreed by the parties?

An individual or organization that asks for and is provided by a property auction organization with the service of carrying out the procedures for transfer of the rights to own, use and manage, and for other services relating to, the auctioned property shall pay a service charge to the property auction organization as agreed by the parties.

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Auction of property required by law to be sold through auction in Vietnam
Legal knowledge

Auction of property required by law to be sold through auction in Vietnam

by hà ngọc
written by hà ngọc

Vietnam law has regulations on auction of property required by law to be sold through auction. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are orders and procedures for auction of property in Vietnam? What are regulations on Selection of property auction organizations? Thanks for answering my questions!”

  • 2016 Vietnam Law on Property Auction

Order and procedures for auction of property required by law to be sold through auction

The auction of property specified in Clause 1, Article 4 of 2016 Vietnam Law on Property Auction must comply with the order and procedures prescribed in Chapter III of 2016 Vietnam Law on Property Auction and this Chapter.

Selection of property auction organizations

– After a competent person issues a decision on property auction, a property seller shall disclose information on the selection of a property auction organization on its/his/her website and the specialized auction website.

– A public notice on the selection of a property auction organization must have the following principal contents:

+ Name and address of the property seller;

+ Name, quantity and quality of the auctioned property;

+ Reserve price of the auctioned property;

+ Criteria for selection of a property auction organization as prescribed in Clause 4 of this Article;

+ Time and place for submission of dossiers for registering to become a property auction organization.

– The property seller shall, based on dossiers for registering to become property auction organizations and criteria specified in Clause 4 of this Article, select a property auction organization and take responsibility for such selection.

– Criteria for a property auction organization to be selected include:

+ Having physical foundations and equipment necessary for property auction;

+ Having a feasible and effective auction plan;

+ Having capacity, experience and prestige;

+ Asking for appropriate auction remuneration and auction expenses;

+ Being on the Ministry of Justice-publicized list of property auction organizations;

+ Other criteria suitable to the auctioned property as decided by the property seller.

– In case the selection of a property auction organization is subject to bidding as required by law, 2016 Vietnam Law on Property Auction and bidding law shall apply.

Disclosure of information on property auction

– In addition to the provisions on public display of information on property auction in Clauses 1,2 and 3, Article 35 of 2016 Vietnam Law on Property Auction, for movable property with a reserve price of at least fifty million Vietnam dong and immovable property, a property auction organization shall disclose information on the auction at least twice on a central- or provincial-level printed newspaper or television of the locality where the auctioned property is located and on the specialized auction website; the interval between times of publicization must be at least 2 working days.

– In case of auction according to summary procedures under Point b, Clause 1, Article 53 of 2016 Vietnam Law on Property Auction, the property auction organization shall disclose information on the auction once on a central- or provincial-level printed newspaper or television of the locality where the auctioned property is located.

– The second disclosure shall be made for at least 7 working days, for movable property, or 15 days, for immovable property, before the date an auction opens. The disclosure mentioned in Clause 2 of this Article shall be made simultaneously with the public display of information on property auction prescribed in Clause 2, Article 53 of 2016 Vietnam Law on Property Auction.

– To-be-disclosed information on property auction includes:

+ Names and addresses of the property auction organization and property seller;

+ Time and place of auction;

+ Name of property and place where the auctioned property is located;

+ Reserve price of the auctioned property in case such price is publicized, and advance payment;

+ Time, place, conditions and method of registration for participation in auction.

– The property auction organization shall keep documents and images on disclosure prescribed in Clauses 1 and 2 of this Article in auction dossiers.

Publicization of reserve prices, method of auction

– A property seller shall publicize the reserve price of the property.

– The auction of property shall be conducted only in the form of ascending-price auction.

Auction of property required by law to be sold through auction in Vietnam
Auction of property required by law to be sold through auction in Vietnam

Auction of property in case only one person registers for participation in auction, one person participates in auction or one person offers bids

The auction of property in case only one person registers for participation in auction, one person participates in auction or one person offers bids as prescribed in Article 49 of 2016 Vietnam Law on Property Auction shall not apply to the following property items:

– State property as defined in the law on management and use of state property;

– Land use rights upon land allocation with land use levy or land lease by the State in accordance the land law;

– Other property items not eligible for auction as prescribed by law in case only one person registers for participation in auction, one person participates in auction or one person offers bids.

Formation of a property auction council

– The owner of a property item required by law to be sold through auction shall decide to form a property auction council for auctioning property in the following cases:

+ It is prescribed by law that the auction shall be conducted by the property auction council;

+ It is impossible to select a property auction organization under Article 56 of 2016 Vietnam Law on Property Auction.

– The competent person who has decided to form the property auction council shall take responsibility for all activities of the council.

– The property auction council must be composed of at least 3 members; the council’s chairperson is the property seller or his/her/its authorized person; and the council’s members include representatives of the same-level finance and justice agencies and related agencies and organizations as prescribed by law. The council may sign a contract with a property auction organization to appoint the auctioneer to conduct the auction.

Operation principles of the property auction council

– An auction conducted by the property auction council must be attended by at least two-thirds of the council’s members.

– The property auction council shall work on the principles of centralism, collective discussion, and decision by majority votes through showing hands or casting secret ballots. If the numbers of hands shown for and against or numbers of ballots for and against are equal, the council’s chairperson may make a final decision.

– The property auction council automatically disbands when the auction ends and the auction dossier is transferred under Article 45 of 2016 Vietnam Law on Property Auction.

Rights and obligations of the property auction council

– The property auction council has the following rights:

+ To deprive of the right to participate in an auction of, and make a record for handling, a bidder who commits an act of causing disorder at the auction, colludes or is in cahoots with others for price suppression or commits other acts affecting the objectivity and truthfulness of the auction;

+ To stop the auction and report to the competent person who has decided to form the council for handling violations of the regulations on auction order and procedures or when detecting that the auctioneer colludes or is in cahoots with others for price suppression or commits other acts affecting the objectivity and truthfulness of the auction;

+ To request valuation and appraisal of the auctioned property;

+ To select a form of auction specified in Clause 1, Article 40 of 2016 Vietnam Law on Property Auction for property auction;

+ Other rights as provided by law.

– The property auction council has the following obligations:

+ The obligations prescribed at Points b and d. Clause 2, Article 24 of 2016 Vietnam Law on Property Auction;

+ To issue the operation regulation of the council;

+ To organize and conduct an auction according to the operation regulation of the council, rules of the auction and relevant laws;

+ To take responsibility for the auction results before law and the competent person who has decided to form the council;

+ To settle complaints and denunciations during the auction; to receive and settle according to its competence or propose the competent person who has decided to form the council to settle complaints filed after the auction; to pay damages in accordance with law;

+ To report on the property auction results to the competent person who has decided to form the council;

+ Other obligations as prescribed by law.

Tasks and powers of the chairperson and members of the property auction council

– The chairperson of the property auction council has the following tasks and powers:

+ To organize the exercise of the rights and performance of the obligations of the council under Article 62 of 2016 Vietnam Law on Property Auction;

+ To preside over meetings of the council; to assign tasks to each member of the council;

+ To conduct an auction or assign a member of the council or an auctioneer to conduct the auction under the operation regulation of the council;

+ Other tasks and powers as stated in the operation regulation of the council and relevant laws.

– Members of the property auction council shall perform the tasks assigned by the council’s chairperson and take responsibility before the council’s chairperson.

Auction of non-performing loans and collateral of non-performing loans

– The wholly state-owned organization established by the Government for handling non- performing loans of credit institutions may only auction non-performing loans and collateral of non-performing loans specified at Point o, Clause 1, Article 4 of 2016 Vietnam Law on Property Auction.

– For non-performing loans and collateral of non-performing loans put for auction in accordance with law, the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions shall sign a property auction service contract with a property auction organization or shall auction property by itself. The property auction must comply with the order and procedures prescribed in 2016 Vietnam Law on Property Auction.

Rights and obligations of the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions in property auction activities

– The wholly state-owned organization established by the Government for handling non-performing loans of credit institutions has the following rights:

+ To sign labor contracts with auctioneers practicing at the organization;

+ To assign an auctioneer to conduct an auction;

+ To hold an auction at its head office, the place where the auctioned property is located or another place as appropriate for the auction;

+ Other rights as provided by the law on property auction.

– The wholly state-owned organization established by the Government for handling non-performing loans of credit institutions has the following obligations:

+ To conduct an auction according to the principles, order and procedures prescribed in 2016 Vietnam Law on Property Auction and take responsibility for the property auction results;

+ To issue the rules of an auction under Article 34 of 2016 Vietnam Law on Property Auction and other relevant laws;

+ To hand the auctioned property and relevant documents of title to the property buyer;

+ To obtain the written consent of the property seller in accordance with law, in case of auction of property specified in Article 49 of 2016 Vietnam Law on Property Auction;

+ To take responsibility for the value and quality of the auctioned property, in case it conducts the auction by itself;

+ To pay compensation for damage it has caused during auction in accordance with law;

+ To keep a book for monitoring the auctioned property and an auction register; + To request the provincial-level Justice Department of the locality where it is headquartered to grant auctioneer cards to auctioneers practicing at the organization;

+ To pay occupational liability insurance premiums for its auctioneers under Article 20 of 2016 Vietnam Law on Property Auction;

+ To report to the Ministry of Justice on the list of its practicing auctioneers on an annual basis or upon request;

+ To report to the Ministry of Justice and the State Bank of Vietnam on property auction activities on a biannual or an annual basis or upon request;

+ To fulfill competent state agencies’ requests on examination and inspection of property auction activities;

+ Other obligations as prescribed by law.

– The wholly state-owned organization established by the Government for handling non-performing loans of credit institutions is prohibited to commit the following acts:

+ Colluding or being in cahoots with bidders, price assessment organizations, organizations appraising the auctioned property or other organizations or individuals to falsify information on auctioned property, auction dossiers or property auction results;

+ Impeding or causing difficulties to bidders in buying auction dossiers, registering for participation in auction, participating in auction or delivering and receiving the auctioned property;

+ Receiving any money amount, property or profit from bidders in addition to auction expenses and other service charges relating to the auctioned property as prescribed by law;

+ Other prohibited acts under relevant laws.

– The Government shall detail:

+ The assessment of reserve prices of non-performing loans and collateral of non- performing loans;

+ The establishment of a council for auction of high-value non-performing loans and collateral of non-performing loans.

Please see more:

Services of Lawyer X

Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.

On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.

Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.

Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.

If you need any further information, please contact  LSX Law firm: at +84846175333 or Email: hoangson@lsx.vn

Frequently asked questions

Shall a property seller disclose information on the selection of a property auction organization

After a competent person issues a decision on property auction, a property seller shall disclose information on the selection of a property auction organization on its/his/her website and the specialized auction website.

What principal contents must a public notice on the selection of a property auction organization have?

A public notice on the selection of a property auction organization must have the following principal contents:
+ Name and address of the property seller;
+ Name, quantity and quality of the auctioned property;
+ Reserve price of the auctioned property;
+ Criteria for selection of a property auction organization as prescribed in Clause 4 of this Article;
+ Time and place for submission of dossiers for registering to become a property auction organization.

For non-performing loans and collateral of non-performing loans put for auction in accordance with law, shall the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions sign a property auction service contract with a property auction organization?

For non-performing loans and collateral of non-performing loans put for auction in accordance with law, the wholly state-owned organization established by the Government for handling non-performing loans of credit institutions shall sign a property auction service contract with a property auction organization or shall auction property by itself. The property auction must comply with the order and procedures prescribed in 2016 Vietnam Law on Property Auction.

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