Rights and responsibilities of state authorities towards public property in Vietnam

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!”

Legal grounds

• 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.

– 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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