The Government issue specific regulations on using public properties

VCN – The government has issued Decree No.151/2017/NĐ-CP stipulating specifically on some articles of Management and use of public properties Law. 
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This Decree stipulated specifically some articles of the Law on Management and Use of Public Properties regarding the following contents: jurisdiction, order and procedures for deciding on; assigning, procuring, hiring and disposing of public properties in the organizations and units; using public properties for business purposes, leasing, joint venture or association; using public properties to participate in investment projects in the form of public-private partnerships; procuring, hiring and approving plans on disposal of assets of projects funded with state capital; to manage and use public properties assigned by the State to the enterprise for management, excluding the State capital portion at the enterprise.

Procurement of public properties serving for state agencies operation

The Decree stated that the competence, order and procedures for deciding on procurement of public properties in cases where they must be formulated into investment projects shall comply with the provisions of law on public investment and relevant laws.

The competence to decide on the procurement of public property in cases that do not fall within the above scope shall be as follows: ministers, heads of ministerial-level agencies, agencies under the government and other central agencies, heads of central agencies decide or decentralize the decision on procurement of public property in service of operation of state agencies under the management of ministries or central agencies. Provincial People's Councils shall decide or decentralize the decision on procurement of public properties serving for state agencies operation under their respective management.

Based on the criteria and norms on the use of public properties, the State agencies wishing to procure assets shall make a dossier set and submit them to the superior managing agency (if any) for consideration and recommendation at higher competent level.

Allocated expenditure for using public properties

According to the Decree, about the allocated expenditure for using public service houses, it shall apply to the subjects that have standards for using public service houses where the State does not have public service houses to arrange. The level of allocation shall be determined on the basis of common house rents in the localities where the subjects go to work, suitable to the types of dwelling houses and dwelling houses according to criteria and norms applicable to the subjects.

About allocated expenditure for using automobiles, the subjects and methods of determining the level of allocated expenditure shall comply with the Government's decree prescribing automobiles standards and norms. The allocation is paid to the subject together with the monthly payment. Particularly, in the case of business trips, it will be paid together with the payment of working trips.

By Hương Dịu/Thanh Thuy

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