Perfecting the law on management and use of public property

View of the Conference to collect opinions on amending and supplementing the Law on Management and Use of Public Property

Removing shortcomings in the management and use of public property

At the conference, Mr. Nguyen Tan Thinh, Director of the Public Asset Management Department (Ministry of Finance), stated that the Ministry of Finance is urgently finalizing a draft law to amend and supplement a number of articles in laws under the Ministry of Finance's state management, including the Law on Management and Use of Public Assets. The purpose of the law amendment is to release resources, promote growth, stabilize the macroeconomy, and control inflation. Therefore, the scope of this amendment focuses only on important issues that have a quick and immediate impact on achieving the above goals.

Sharing more specifically about the remaining inadequacies, Ms. Tran Dieu An, Deputy Director of the Public Asset Management Department, Ministry of Finance, said that in the process of socio-economic development and international integration, the requirements for managing and using public assets have also changed, and some provisions of the Law on Management and Use of Public Assets have revealed limitations, inadequacies, and no longer suit the new context.

Citing the regulation on the approval authority for the Project of using public assets for business purposes, leasing, joint ventures, and partnerships, Ms. Dieu An said that the current Law on Management and Use of Public Assets stipulates that the approval authority belongs to the minister, head of the central agency, or chairman of the provincial People's Committee. According to Ms. Tran Dieu An, this regulation has limited the proactiveness of ministries, branches, localities, and subordinate units in exploiting public assets at public service units.

Also according to Ms. Tran Dieu An, the regulations on the exploitation of infrastructure assets are currently unreasonable, causing unnecessary administrative procedures; some regulations on the depreciation of public assets are not synchronized and do not meet the practical needs of agencies, organizations, units, and enterprises entrusted with the management, use, and exploitation of assets. Based on this practice and to amend and supplement urgent issues, in the draft amendment to the Law on Management and Use of Public Assets, the Public Asset Management Department has proposed amending Article 39 on the maintenance and repair of public assets in the direction of promoting decentralization, deconcentration, and assigning the responsibility for issuing norms for maintenance and repair of public assets to the heads of agencies, organizations, and units entrusted with the management and use of public assets, along with the specific identification of the basis for issuing norms as a basis for organization, implementation, and inspection.

In addition, according to Ms. Tran Dieu An, the drafting agency has amended and updated the form of handling public assets at agencies, organizations, and units. Accordingly, through the actual implementation of handling public assets such as houses, land, and infrastructure assets, the form of transfer to localities for management and handling is a widely applied form and is the basis for localities to effectively receive and handle surplus houses, land, and infrastructure assets, generate revenue for the state budget, and supplement financial resources for socio-economic development. Therefore, according to Ms. An, it is necessary to supplement the form of transfer to localities for management and handling into the forms of handling public assets at agencies, organizations, and units, and infrastructure assets.

Enhancing autonomy in the management and use of public assets

Regarding the decentralization and delegation of authority to ministries, sectors, and localities in the management and use of public assets, according to Mr. Nguyen Tan Thinh, the goal of amending and supplementing the Law on Management and Use of Public Assets is to enhance the autonomy and responsibility of agencies and local units in managing public assets. Decentralization and delegation must be suitable to the actual conditions of each ministry, sector, and locality, as well as the capacity of the authorized agencies and units. However, there needs to be close coordination among levels and sectors, along with mechanisms for inspection and control to ensure that decentralization and delegation are carried out correctly and effectively. Mr. Nguyen Tan Thinh emphasized that decentralization and delegation do not mean that higher-level agencies are not responsible for the management of public assets; they still bear responsibility when problems arise.

At the conference, representatives from Son La province proposed adding Article 47a to stipulate the form of transferring assets to localities for handling, including three clauses. Clause 1 stipulates the form of transfer to localities for management and handling, which applies to public assets such as workplaces and operational facilities of institutions and is implemented in specific cases as prescribed. Clause 2 stipulates that the state agency transferring assets shall be responsible for handing over the assets to the land fund development organization as prescribed by the Law on Land. As for Clause 3, the Government shall prescribe the authority, procedures, and formalities for deciding to transfer land to localities for management and handling.

Representatives from Ha Giang province suggested that when amending the Law on Management and Use of Public Assets, it is necessary to pay attention to the consistency with other laws and related decrees so that it can be effectively implemented. The promulgation of decrees and circulars must be carried out promptly and synchronously to avoid delays.