Perfecting the law on public property management

It need to perfecting the law on public property management. Source: Internet

Decentralization in public property management

According to the Public Property Management Department, implementing the Law on Management and Use of Public Property in 2017, so far the Ministry of Finance has submitted to the Government for promulgation 19 Decrees and 1 Resolution. The Prime Minister issued 1 Decision, the Ministry of Finance promulgates 10 Circulars based on their authority to stipulate in detail and guide the implementation of the Law. Besides that, the Ministry of Finance has submitted to the Prime Minister to issue Directive No. 32/CT-TTg dated December 10, 2019 on accelerating the implementation of the Law on Management and Use of Public Property, and other regulatory documents, detailing the implementation of the Law together with many documents on urging and guiding ministries, sectors and localities on the management of public property.

Assessing the implementation of the Law, the Ministry of Finance said that the implementation of the Law on Management and Use of Public Property has been implemented from the stage of formulation to submission to the Government and Prime Minister for promulgation. The Ministry also based on its competence to promulgate documents detailing and guiding the implementation of the Law in order to create a relatively complete legal basis in the management and use of public property in the direction of strict management, effectively using financial resources from public property.

According to Ms. Tran Dieu An, Deputy Director of the Department of Public Property Management (Ministry of Finance), most ministries, sectors and localities have completed the promulgation of regulations on decentralization in public property management in accordance with the provisions of Decree No. Decree No. 151/2017/ND-CP, thereby making decisions in the management, use and handling of public property take place smoothly, creating initiative for agencies, organizations and units in the management and use of public property.

“Along with that, ministries, sectors and localities have developed the standards and norms of specialized machinery and equipment, and specialized areas and areas of non-business works in non-business establishments, creating a basis for planning investment in construction, procurement and repair that is appropriate with the requirements of use and budgetary, creating fairness and transparency", Mrs. Tran Dieu An said.

Problems arise

Besides the achievements made during the implementation process, ministries, branches and localities have encountered limitations, difficulties and obstacles.

In the locality, there have arisen a number of cases of leasing houses and land under local management (state-owned housing funds), currently monitored and managed by organizations which have functions of local housing business. However, the current legal documents do not have regulations, so there is no basis for implementation. Furthermore, among the types of infrastructure assets, the Government has just issued a decree stipulating the management, use and exploitation of irrigation and drainage infrastructure assets, infrastructure for inland waterway, aviation, railway and maritime. As for other types of infrastructure assets, there are no specific guidelines, leading to difficulties in implementation.

Ms. Tran Dieu An also said that the use of public property at public non-business units for business, leasing, joint venture and association purposes still faces problem, as the authority must approve and appraise the project of using public property for business, leasing, joint venture or association purposes; the current regulations on determining land rent when using assets attached to land for business, leasing, joint venture or association purposes are difficult to implement due to complicated calculations..

Another problem is that the use of public property managed by the People's Committees of communes (such as cultural houses and sports areas managed by the People's Committees of communes and wards) is difficult because, according to regulations, public property in state agencies is may not be used for business, leasing, joint venture or association purposes. Cultural houses and sports areas managed by the People's Committees of communes and wards can be exploited to serve the population community, bringing both economic and social efficiency. In addition, the current regulations on standards and norms for car use in Decree No. 04/2019/ND-CP are still low. It is difficult to identify the size, population, and workload among provinces and cities, affecting the use of cars to serve the tasks of agencies and units.

Faced with the above practical situation, in order to promptly update, supplement and improve the efficiency of management and use of public property, the Ministry of Finance will develop a draft Decree on amending and supplementing a Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Property.

Along with that, a series of key solutions have been pointed out by the Ministry of Finance. Accordingly, the Departments of Finance are requested to report to the Provincial People's Committee to direct the organization to assess the implementation of documents detailing the implementation of the Law on Management and Use of Public Property, to propose and recommend specific content that needs to be amended, supplemented or completed; At the same time, give comments on with the drafts of the Ministry of Finance to solve problems arising in practice; continue to review and report to competent authorities to finalize regulations on decentralization of public property management. The decentralization of authority to issue standards and norms for the use of specialized public properties; review the list of concentrated procurement under the promulgating competence of the locality to report to the provincial People's Committee for new promulgation, amendment, supplementation, ensuring the legal basis; accelerating reporting and declaration, and establish treatment plans for houses and land that must be rearranged of agencies, organizations, units and enterprises in order to submit to competent authorities for approval as prescribed.