New regulations remove obstacles in disposition of public property

	Management and use of public property achieves positive results
	Abolish many legal documents in finance
	Promote public property management in accordance with the Law

Illustrative photo: Internet

Eliminating bottlenecks

Decree 167 on the disposition of public property issued in 2017 has contributed to public asset management. However, there have been shortcomings in the practical implementation of the decree.

Therefore, the decree needs to be revised to remove obstacles in housing arrangement and handling.

Decree 67/2021 revising articles in Decree 167/2017 provides new provisions on scope, regulated entities, rules for disposition of public property; the competency to approve property disposition plans; competency to decide on handling of houses and land managed by the central government, and especially amendments to transitional provisions.

Decree 67 stipulates groups of house and land subject to be rearranged and handled and those not subject to being rearranged and handled as they are specified in the Law on Land and the Law on Housing.

The decree abolishes provisions in Point a, Clause 2, Article 1 of Decree 167 and includes the property of a joint-stock company assigned or leased by the State or lawfully assigned after the time of approval of the equitisation plan by the competent authority subject to disposition.

The supplement this property in the regulation scope is to be consistent with reality as they are still owned by enterprises in which the State owns more than half of charter capital.

The decree also revises competency for approval for property disposition plans.

Ministries and central governments will approve housing and land disposition plans of enterprises at level II and level III. The Ministry of Finance will approve plans of enterprises at level I managed by the central governments and local governments.

Provincial People's Committee chairmen are in charge of approving the plans of local agencies, units and enterprises.

The decentralisation aims to reform, shorten implementation time and expedite the process of disposition, especially for enterprises subject to equitisation, Director of the Public Property Management Department La Van Thinh said.

Regarding authority to decide on handling of houses and land managed by the central government, the decree regulates provincial People's Committees will issue decision on recovery of houses and land, except for houses and land that are special properties and specialised properties at units of the people's armed forces and at Vietnamese Communist Party offices.

The amendment is to be consistent with the provisions of the land law and to ensure feasibility in implementing the decision.

Solving problems for housing projects

New transitional provisions on in Clause 19 Article 1 of Decree 67 attract the attention of firms, especially those investing in real estate projects.

The provisions in Article 28 of Decree 167 do not cover all situations in the process of implementing the plan to rearrange and handle houses and land, especially those approved under the plan of transfer or change of purpose, many projects that are delayed in implementation due to arising problems.

Decree 67 stipulates the transitional provision for each specific case.

Enterprises appreciate the efforts and determination to amend Decree 167 of the Government and the Ministry of Finance. Amendments to Article 28 of Decree 167 will help to remove obstacles and difficulties. Projects that have carried out procedures per regulations before January 1, 2018 will continue to be implemented and only projects that have not yet been performed must comply with provisions of the Decree 67, Le Hoang Chau, Chairman of HCM City Real Estate Association (HoREA) said.