Removing problems in management and use of public assets

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Some agencies and unit have encountered problems in the management and use of public assets. Photo

Develop provision on the management and use of public assets

The Ministry of Finance said Decree 151/2017/ND-CP is an important legal basis for the management and use of public assets. However, through reviewing provisions described in Decree 151 and comments and proposals of some ministries, agencies and localities, the implementation of the decree has raised some problems.

Moreover, the problems have not been guided in detail by documents such as the order, procedures for handling over assets to agencies, organizations and units, authority to decide the maintenance, repair, and hiring of an agency in charge of public asset management; and the exploitation of public assets after revocation.

Resolution 82/2019/QH14 dated June 14, 2019 of the National Assembly on further improving the effectiveness and efficiency of the implementation of policies and laws on planning, management, and use of land in urban areas, the Government is assigned to study and narrow down the cases of a one-off payment of rental for the entire lease term to switch to annual rental payment, ensuring revenue from land assets.

However, the prevailing regulations on selling working offices and service delivery establishments only provide land allocation or land lease with a one-off payment of rental for the entire lease term said the Ministry of Finance,

Another problem encountered in the implementation of Decree 151 is that in some cases, the current order and procedures for handling public assets in the case of merger, consolidation, division and dissolution must be prepared by the agency which is assigned to manage and use those assets.

But, in these cases, it is possible that the agency assigned to manage and use the public assets no longer exists because it has been merged, consolidated, or dissolved.

In addition, some specific types of public assets must be handled according to separate regulations in specialized laws, but there are no regulations on exclusion or reference, making agencies, organizations and units confused in the application of laws such as weapons, explosives, supporting tools, and cipher products. Notably, the use of public assets at public service delivery units for the purposes of business, leasing, joint ventures and associates have still faced many difficulties and obstacles in choosing joint venture and association partners, regulations on early termination of contracts, adjustment of rental prices, and renewal of contracts.

With practical problems in the five-year implementation of Decree 15, the Ministry of Finance affirmed the completion of detailed regulations on management and use of public assets meet the practical requirements and the development of a Decree amending and supplementing a number of articles of Decree 151/2017/ND-CP is a must.

10 important amendments and supplements

The draft Decree amending Decree 151/2017/ND-CP added and amended 10 important contents including: handing over public assets to state agencies; maintaining and repairing public assets; exploiting public assets at state agencies and public assets subject to revocation decisions by competent agencies or authorized persons; determining the starting price upon auction of working office; transferring public assets to the locality for management and handling; handling public assets in case of merger, consolidation, division or dissolution; classifying public assets at public delivery units used to perform tasks assigned by the State and public assets used for business, leasing, joint venture or association purposes; determining the payable land rent when the public service delivery unit uses the assets attached to the land for the purposes of business, leasing, joint venture or association; using public assets at public service delivery units for the purpose of leasing; using public assets at public service delivery units for the purpose of joint venture or association.

For example, regarding the maintenance and repair of public assets, Article 39 of the Law on Management and Use of Public Assets provides for the maintenance and repair of public assets.

However, the actual performance of maintenance and repair of public assets have raised a problem that agencies and units have the need to collect supplies and materials recovered from maintenance and repair (such as corrugated iron roof, wooden doors) to save costs.

At the same time, through the assessment of the implementation of the Law, due to the diverse types of public properties, especially specialized machinery and equipment.

Therefore, many ministries, agencies and localities have not yet issued regulations on maintenance and repair regimes, standards and economic-technical norms applicable to public properties, so there is no legal basis for maintenance and repair. Therefore, the draft Decree has added regulations on the maintenance and repair of public properties (supplementing Article 12a) to issue the specific contents mentioned above.

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Accordingly, the maintenance and repair of public property, in addition to complying with the provisions of Article 39 of the Law on Management and Use of Public Property, must also comply with the provisions of this draft Decree and other relevant laws. If the line ministries, law enforcement agencies or competent persons have not yet issued regulations, regimes, standards and economic-technical norms for maintenance and repair of public properties as prescribed in Clause 3 of Article 39 of the Law on Management and Use of Public Property, the heads of state agencies assigned to manage and use public property shall be based on the instructions of the producer and the actual use, decide on the maintenance and repair. If supplies and materials collected during the maintenance and repair of public properties can be used, the state agency assigned to manage and use properties will continue to use them.