Amend regulations on management and use of public assets

VCN - The Ministry of Finance is developing a draft Decree amending and supplementing a number of articles of Decree No. 151/2017/ND-CP of the Government detailing a number of articles of the Law on Management and Use public property.
Approving new plan on re-arranging and handling 1,402 houses and land in 2021 Approving new plan on re-arranging and handling 1,402 houses and land in 2021
Removing problems in management and use of public assets Removing problems in management and use of public assets
Strengthening management and use of public assets Strengthening management and use of public assets
Illustration photo: Internet.
Illustration photo: Internet.

According to the draft, this Decree details a number of articles of the Law on Management and Use of Public Assets regarding the following contents: assignment, procurement, lease, exploitation, operation management, and conversion of uses. , handling public assets at agencies, organizations and units; Use public assets at public service units for business, rental, joint venture or association purposes; manage and use proceeds from exploitation and disposal of public assets at agencies, organizations and units; Determine the value of land use rights to include in the asset value of agencies, organizations and units; Procurement, leasing, and approval of plans for handling assets of projects using state capital; management and use of public assets assigned by the State to enterprises for management, excluding the state capital component in the enterprise; exploiting digital warehouses to serve state management; information system on public assets and national database on public assets.

Regarding regulations on procurement of public assets to serve the operations of state agencies, Clause 1, Article 3 stipulates: Authority, order and procedures to decide on procurement of public assets in cases where a project must be established. Investment projects are implemented in accordance with the provisions of law on public investment and relevant laws. Clause 2, Article 3 is amended in the following direction: The authority to decide on the procurement of public assets in cases not falling within the scope specified in Clause 1 above shall be implemented as follows: Ministers, Heads of ministerial-level agencies, Government agencies and other central agencies (hereinafter referred to as Ministers and Heads of central agencies) stipulate the authority to decide on the procurement of public assets to serve the activities of state agencies within the scope management of ministries and central agencies. The Provincial People's Council regulates the authority to decide on the procurement of public assets to serve the operations of state agencies under local management. Based on the scope of the assigned budget estimate and the funding sources allowed to be used, the state agency wishing to purchase assets shall prepare a set of documents to send to the superior management agency for review and request to the agency. , the competent person specified in Clause 2 of this Article shall consider and decide. Within 30 days from the date of receipt of complete and valid documents, the competent agency or person shall consider and decide on the asset purchase or issue a written response in case the proposed asset purchase is not suitable.

The arrangement of state budget estimates and the organization of asset procurement are carried out in accordance with the provisions of law on state budget, law on bidding and relevant laws. The procurement of assets specified in this Article does not include the procurement of services to serve the operations of state agencies. The procurement of services to serve the activities of state agencies is carried out in accordance with relevant laws.

Regarding Article 12, which regulates the participation in opinions of financial agencies when allocating and recovering land belonging to offices of state agencies, the draft Decree regulates the collection of opinions from financial agencies before deciding on land allocation or land recovery under the provisions of Clause 3, Article 36 of the Military Law, the use of public property is carried out as follows: The Department of Natural Resources and Environment is responsible for reporting to the Provincial People's Committee and sending a document to get comments from the Ministry of Finance upon assignment when allocating and recovering land belonging to the headquarters of centrally managed state agencies. In case the Provincial People's Committee authorizes the District People's Committee to decide on recovery according to the provisions of the Land Law, the District People's Committee will send a document to the Ministry of Finance to get opinions from the Ministry of Finance when recovering land belonging to the headquarters of a centrally managed state agency. The Department of Natural Resources and Environment is responsible for reporting to the Provincial People's Committee with a document to seek opinions from the Department of Finance or the Department of Natural Resources and Environment to submit a document to seek opinions from the Department of Finance (in case the Provincial People's Committee assigns the task of collecting opinions to the Department of Natural Resources and Environment) when assigning or recovering land belonging to the headquarters of state agencies under local management. In case the Provincial People's Committee authorizes the District People's Committee to decide on recovery according to the provisions of the Land Law, the District People's Committee will seek the opinions of the Department of Finance when recovering land belonging to the headquarters of a state agency under the scope of local management.

The document soliciting opinions must clearly state the reason for land allocation or land recovery; land area expected to be allocated or recovered; the compatibility of land allocation and land recovery plans with land use planning and plans approved by competent agencies and persons; Plan for arranging land fund to build state agency headquarters in case the headquarters must be arranged to replace the revoked office and other necessary contents. Based on the written request, the Ministry of Finance and the Department of Finance shall preside and coordinate with relevant agencies, organizations and units to review and give written opinions on the appropriateness of the land allocation plan. , land recovery with functions, tasks, staffing and standards and norms for using public assets of state agencies that are allocated land or have land recovered.

For the area of the house and land belonging to the working headquarters, when land is recovered according to the provisions of the law on land, in cases where the financial agency has opinions on land recovery according to regulations, when approved by the housing agency, The country with authority to recover land sent for comments, based on the provisions of Article 36 of the Law on Management and Use of Public Assets and the provisions of this Article, the responsible financial agency has comments. After receiving opinions from the Finance agency, the competent agency shall recover land and carry out compensation, support and resettlement according to the provisions of land law. There is no need to carry out the process of rearranging and handling houses and land according to the Government's regulations on rearranging and handling public assets for this recovered house and land area.

For buildings and land belonging to the head office that have been approved by competent agencies and persons according to the Government's regulations on rearranging and handling public assets, the recovery plan for use for other purposes has been approved. national defense, security, socio-economic development for national and public benefits according to the provisions of land law and recovery of land allocated or leased by the State to implement investment projects that are not used according to the provisions of the Land Law, when recovering land, the agency or person with authority to recover land is not required to consult with the Finance agency as prescribed in this Article.

By Hoai Anh/ Huu Tuc

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