Nghị định 167/2017/NĐ-CP quy định việc sắp xếp lại tài sản công

DECREE

ON DISPOSITION OF PUBLIC PROPERTY

Pursuant to the Law on Government Organization dated September 16, 2015;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

At the request of the Minister of Finance;

The Government promulgates a Decree on disposition of public property.

Chapter I

GENERAL PROVISIONS

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1. This Decree sets forth disposition of public property, including:

a) Land, houses, works and other assets on land (hereinafter referred to as property) of agencies, organizations and units (hereinafter referred to as bodies) and enterprises which are being managed or used, other than property specified in Clause 2 of this Article;

b) Cars;

c) Other machinery, equipment and other public property at entities.

2. Property not covered by the provisions of this Decree includes:

a) The property of a joint-stock company that is assigned or leased by the State or lawfully assigned after the time of approval of the equitization plan by the competent authority;

b) Property leased, sub-leased, contributed as capital, kept for custody, or borrowed from other entities and other property not owned by bodies or enterprises.

Article 2. Regulated entities

1. Regulated entities of disposition of property:

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b) Enterprises include: Wholly state-owned enterprises (hereinafter referred to as state-owned enterprises); joint-stock companies and multiple-member limited liability companies with more than 50% of charter capital owned by the State (hereinafter referred to as joint-stock companies).

For joint-stock companies with 50% or less of the charter capital held by the State, the management and use of property shall comply with the provisions of the land legislation, the legislation on enterprises and relevant law provisions.

2. Regulated entities of disposition of cars:

a) Regulatory bodies, people’s armed forces, public sector entities, agencies of the Communist Party of Vietnam, socio-political organizations funded by the State, project management board funded by the State;

b) State-owned enterprises.

3. Regulated entities of disposition of machinery, equipment and other public property at bodies: Regulatory bodies, people’s armed forces, public sector entities, agencies of the Communist Party of Vietnam, socio-political organizations funded by the State, project management board funded by the State.

4. Other entities relating to disposition of public property.

Article 3. Rules for disposition of public property

1. The disposition of public property shall be done in an effective and economical manner; in conformity with standards and norms issued by competent authorities; in accordance with proper purposes as assigned, invested, procured, or leased by the State; and in conformity with land-use planning, construction planning approved by competent authorities.

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3. For public property involved in a dispute currently being settled by competent authorities or put up as capital contribution, joint venture or association in compliance with law provisions with other entities in the form of incorporation of new juridical person, the disposition of public property shall be effected after the competent authority issues a decision on the dispute settlement or terminates the capital contribution, joint venture or association.

4. The disposition of property managed and used by a body or enterprise shall be done after a general plan is made. Where it is necessary to carry out the disposition before the general plan is made, competent authority shall consider approving the plan as prescribed in Article 6 of this Decree.

Chapter II

DISPOSITION OF PROPERTY; DISPOSITION OF PROPERTY TO BE RELOCATED ACCORDING TO PLANNING OR DUE TO ENVIRONMENT POLLUTION

Section 1. DISPOSITION OF PROPERTY

Article 4. Property disposition plan

1. Property disposition plan is a collection of proposals on options for disposition of property which are submitted to competent authorities for consideration.

2. Responsibilities for formulating property disposition plan shall be done in compliance with the following regulations:

a) Ministries, ministerial-level agencies, Governmental agencies, other agencies of central government (hereinafter referred to as central ministries) shall make property disposition plan for bodies and enterprises within their scope of management;

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c) The People’s Committee of province shall prepare a property disposition plan associated with property located on other provinces of bodies and enterprises.

3. Property disposition plans shall be consolidated in general plans associated with property in each province or central-affiliated city (hereinafter referred to as province) according to every type of entity: body or enterprise.

Where it is necessary to carry out the disposition before the general plan is made, competent authority prescribed in Clause 2 of this Article shall formulate the plan and send it to the competent authority prescribed in Article 6 of this Decree for consideration.

Article 5. Procedures for conducting disposition of property

1. A body or enterprise directly managing and using property shall, according to Articles 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Decree, send a declaration and proposal on property disposition plan associated with property to the superior body (if any); the superior body shall send a report to the competent authority as prescribed in Clause 2 Article 4 of this Decree.

The preparation of declarations and property disposition plans as prescribed in this Clause shall be done in accordance with form No. 01 in Appendix issued together with this Decree.

For enterprises, when proposing disposition of property plans, they must reach agreement with competent agencies of enterprises according to the provisions of law on enterprises and management and use of state capital invested in business at enterprises.

2. The inspection of the current conditions, formulation of plans and approval of disposition of property plans (except for property specified in Clause 3 of this Article) shall be carried out as follows:

a) Competent authorities in charge of preparing disposition of property plans as prescribed in Clause 2, Article 4 of this Decree, which shall assume the prime responsibility for inspecting the current state of management and use of property and make a report using Form No. 02 in the Appendix to this Decree for each property. Particularly for property belonging to special property in the people's armed forces units, the inspection of current situation shall be conducted by the Ministry of Defense and the Ministry of Public Security;

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c) Within 30 days after receiving property disposition plan associated with property under management of central government in Point b of this Clause, the People's Committee of province where the property is located shall give a written opinion on the plan; on that basis, central ministries shall complete the plan and send it to the Ministry of Finance, the Ministry of Finance shall then:

- Give a written opinion on the property disposition plan associated with property at People’s armed forces; on that basis, the Ministry of National Defense or the Ministry of Public Security shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point a Clause 1 Article 6 of this Decree;

- Request the Prime Minister to consider approving property disposition plans associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree;

- Give written opinions on property disposition plan associated with sale of property on land, assignment of land use right under management of Prime Minister prescribed in Clause 3 Article 11 of this Decree; on that basis, the central ministry shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point c Clause 1 Article 6 of this Decree;

- Consider approving plan within its competence as prescribed in Clause 2 Article 6 of this Decree;

d) Based on the result of inspection of current conditions, the Department of Finance shall consider preparing a property disposition plan within management of province and send a report to the People’s Committee of province, the People’s Committee of province shall then:

- Request the Prime Minister to consider approving plans associated with sale of property on land, assignment of land use right under management of the Prime Minister as prescribed in Point b Clause 3 Article 11 of this Decree upon receipt of opinions of the Ministry of Finance;

- Consider approving plan within its competence as prescribed in Clause 3 Article 6 of this Decree.

3. Inspection of current conditions, preparation of plans, and approval for property disposition plans under central management (other than property at People’s armed forces affiliated to the Ministry of National Defense, the Ministry of Public Security) in Hanoi, Ho Chi Minh, Da Nang, Can Tho, Hai Phong cities shall be carried out as follows:

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b) The Ministry of Finance shall take charge and cooperate with relevant agencies in inspecting the current management and use of property and make a report using form No. 02 of Appendix issued herewith;

c) Based on the result of inspection of conditions, the Ministry of Finance shall make a proposed property disposition plan, and then request for consultation of the People’s Committee of province where the property is located;

d) Within 30 days after receiving property disposition plan associated with property under management of central government in Point c of this Clause, the People's Committee of province where the property is located shall give a written opinion to the plan to the Ministry of Finance; the Ministry of Finance shall then:

- Request the Prime Minister to consider approving property disposition plans associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree;

- Give written opinions on property disposition plan associated with sale of property on land, assignment of land use right under management of Prime Minister prescribed in Clause 3 Article 11 of this Decree; on that basis, the central ministry shall complete the plan and send it to the Prime Minister for consideration as prescribed in Point c Clause 1 Article 6 of this Decree;

- Consider approving plan within its competence as prescribed in Clause 2 Article 6 of this Decree.

4. Based on property disposition plans approved by competent authorities prescribed in Article 6 of this Decree, the competent authorities prescribed in Articles 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Decree shall decide the options for disposition of property.

5. Procedures for disposition of property of bodies and enterprises whether under management of the People’s Committees of provinces but located on other provinces or those affiliated to central ministries shall be carried out similarly.

Article 6. The power to approve property disposition plans

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a) Property at People’s armed forces affiliated to the Ministry of National Defense, the Ministry of Public Security;

b) Property of central ministries with different opinions about the property disposition plan between the Ministry of Finance and the People’s Committee of province where the property is located;

c) Sale of property on land, assignment of land use right prescribed in Clause 3 Article 11 of this Decree.

2. The Minister of Finance is responsible for approving property disposition plans (other than property prescribed in Clause 1 of this Article) associated with property both under management of central bodies and enterprises and provincial agencies but the property is located on other provinces.

3. The President of People’s Committee of province is responsible for approving property disposition plans (other than property prescribed in Point c Clause 1 of this Article) of bodies and enterprises under management of the province.

Article 7. Options for disposition of property

1. Retention of property for continued use.

2. Forfeiture.

3. Transfer.

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5. Change in purpose of land use.

6. Transfer to local governments for management.

7. Temporary retention for continued use.

8. Using property as payment to investor when executing investment project in the form of a build-transfer contract.

The use of property as payment to investor when executing investment project in the form of a build-transfer contract shall be done in accordance with regulations of the Government on use of public property as payment to investors when executing investment projects in the form of build-transfer contracts.

9. Other forms.

Article 8. Retention of property for continued use

1. The retention of property for continued used shall apply to property that have been used with proper purposes as assigned, constructed, procured, or leased by the State.

2. Within 30 days, from the date on which a property disposition plan is approved by the competent authority prescribed in Article 6 of this Decree, Ministry or head of central agency shall issue a decision on retention of property for continued use associated with property under management of central bodies or enterprises; the President of People’s Committee of province shall issue a decision on retention of property for continued use associated with property under management of provincial bodies or enterprises.

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a) The body or enterprise shall cooperate with specialized agencies of province in completing legal documentation on property as prescribed in laws and regulations on land;

b) The body shall arrange and use property with proper purpose, in conformity with land-use planning, construction planning approved by competent authorities, in accordance with standards and norms issued by competent authorities as prescribed in the Law on Management and Use of Public Property.

The enterprise shall manage and use land with proper purposes as assigned or leased by the State as prescribed in laws and regulations on land, enterprises and management and use of state capital invested in business at enterprises.

Article 9. Forfeiture

1. The forfeiture of property shall be applied in one of the following cases:

a) The body or enterprise has not used property continuously for more than 12 months;

b) Using property in contravention of the provisions of forfeiture as prescribed in Clause 2, Article 15 of this Decree;

c) Property which is former working office or former non-business establishment of the body after it is assigned or built a new working office or non-business establishment by the State without the approval of the competent authority prescribed in Clauses 1, 3, 4, 6, 7, 8 and Article 7 of this Decree.

The forfeiture shall be conducted after the working office or non-business establishment is handed over and put into use;

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dd) Property which has been allocated, constructed or procured but no longer need to be used or the use or exploitation is ineffective manner or reduced demand for use due to changes of organizational changes or duties;

e) The body or enterprise voluntarily returns the property to the State;

g) Other circumstances as per the law.

2. Within 30 days from the date on which the property disposition plan is approved by the competent authority prescribed in Article 6 of this Decree:

a) The Minister of Finance is responsible for deciding forfeiture of property under management of central bodies or enterprises;

b) Each People’s Committee of province is responsible for deciding forfeiture of property under management of provincial bodies or enterprises.

3. Contents of decisions on forfeiture, procedures for handover, receipt and disposition of property prescribed in Clause 2 of this Article shall be done in accordance with Article 18 of Decree No. 151/2017/ND-CP dated December 26, 2017 on guidelines for the Law on Management and Use of Public Property (hereinafter referred to as Decree No. 151/2017/ND-CP).

4. The power and procedures for forfeiture of property being special or specialized property at People’s armed forces shall be done in accordance with Article 58 of Decree No. 151/2017/ND-CP.

Article 10. Transfer

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2. The power to decide transfer shall be done in accordance with Article 20 of Decree No. 151/2017/ND-CP. A decision on transfer shall be made within 30 days from the date on which the property disposition plan is approved by the competent authority prescribed in Article 6 of this Decree.

3. Contents of the decision on transfer and procedures for transfer and receipt of transferred property shall be made in accordance with Article 21 of Decree No. 151/2017/ND-CP.

4. The power and procedures for transfer of property being special or specialized property at People’s armed forces shall be done in accordance with Article 59 of Decree No. 151/2017/ND-CP.

Article 11. Sale of property on land and assignment of land use rights

1. The sale of property on land or assignment of land use rights of bodies shall be done in the following cases:

a) Redundant property no longer needs to be used after disposition;

b) Generate sources of funds investment in construction, upgrade or renovation of working offices, public-sector establishments of bodies within its scope of management of central or local ministries.

2. The sale of property on land or assignment of land use rights of enterprises shall be done in the following cases:

a) Redundant property no longer needs to be used after disposition;

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3. The Prime Minister shall consider approving the plan and issuing a decision on:

a) Sale of property on land or assignment of land use rights in the form of auction of property under central management according to the provisions of Point a, Clause 2, Article 22 of Decree No. 151/2017/ND-CP;

b) sale of property on land, assignment of land use right in the form of designation in one of the cases where land use right is not auctioned when the land is allocated or leased by the State as prescribed in laws and regulations on land on the basis of the proposals of central ministries (for centrally-managed property) or the People's Committee of province (for locally-managed property) and the written opinions of the Ministry of Finance.

4. The Minister of Finance is responsible for sale of assets on land, transfer of land use rights in the form of auction of property managed by central bodies or enterprises, except for the case specified in Clause 3 of this Article.

5. The power to decide the auction of property on land or the assignment of land use right associated with property managed by local bodies and enterprises according to the decentralization of People’s Councils of provinces.

6. The sale of property on land, assignment of land use right in the form of auction shall comply with the law on auction and the provisions in Article 24 of Decree No. 151/2017/ND-CP.

The disposition of property in case of failed auction shall be done in accordance with Article 25 of Decree No. 151/2017/ND-CP.

7. The valuation concerning sale of property on land, assignment of land use right in the form of designation shall be done as follows:

a) The selling prices of property on land must be compatible with the remaining actual value according to the re-evaluation results; the price of assignment of land use right shall be determined in accordance with the market price of land use right for the new use purpose of the land area in accordance with the law on valuation of starting price of land use right auction for land allocation or land lease, not less than the land use right value calculated according to land prices promulgated by People's Committees of provinces corresponding to new purposes of use multiplied (x) by the land price adjustment coefficients prescribed by People’s Committees of provinces.

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b) A body or enterprise which acquires property shall engage a qualified valuation organization to determine price of sale of property on land or assignment of land use right and send it to the Department of Finance of province where the property is located. The Department of Finance shall take charge and cooperate with relevant agencies in valuing and submit the valuation report for the People’s Committee of province's approval. If the Department of Finance fails to engage a qualified valuation organization to do valuation, it shall take charge and cooperate with relevant agencies in establishing a council to determine the price of sale of property on land or assignment of land use right and submit the valuation report for the People’s Committee of province’s approval.

8. The sale of property on land or assignment of land use right shall be made in a property sale contract.

9. Payment period of property purchase is specified in the auction regulations (in case of auction) or property sale contract. The payment period of property purchase is specified as follows:

a) Within 30 days from the date of signing the auctioned property sale contract (in case of auction) or the Department of Finance issues a notice on the selling price of property on land or assignment of land use right (in case of designated sale), the buyer shall be responsible for paying 50% of the price of the property to the body or enterprise managing such property;

b) Within subsequent 60 days, the buyer shall be responsible for paying 50% of the remaining price amount to the property to the body or enterprise managing such property;

c) Upon expiry of payment period prescribed in Point a or Point b of this Clause, if the buyer has not made full payment to the body or enterprise managing such property, the buyer has to pay late payment interest as prescribed in laws and regulations on tax administration. The body or enterprise managing the property sends a dossier of property sale to Department of Taxation (of province where such property is located), the Department of Taxation shall then determine and give a notice of certain amount of late payment interest in accordance with laws and regulations on tax administration. The late payment interest shall be managed and used in compliance with the laws and regulations on state budget. The dossier sent to Department of Taxation includes:

- Notice of selling price of property on land or assignment of land use rights of the Department of Finance (in case of designated sale).

- Property sale contract.

- Receipt of payment paid to the body managing the property (copy).

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11. The power and procedures for sale of property on land, assignment of land use right being special or specialized property at People’s armed forces shall be done in accordance with Article 60 of Decree No. 151/2017/ND-CP.

Article 12. Change in purpose of land use

1. Forms of change in purpose of land use shall solely apply to property managed by enterprises. The change in land use purposes shall comply with the provisions of the land legislation. Particularly, the change in land use purposes for executing real estate business projects shall solely apply to enterprises meeting the conditions prescribed by the legislation on enterprises and the legislation on management and use of state capital invested in enterprises, the law on real estate business and relevant laws.

In case where the enterprise engages in a joint-venture with other investors to execute the project upon the change in land use purposes, the selection of joint venture’s parties shall comply with the provisions of law on bidding.

2. Based on the plan already approved by the competent agencies prescribed in Article 6 of this Decree, the People's Committee of province shall consider issuing a decision on change in land use purposes in accordance with law on land.

3. An enterprise permitted to change land use purpose shall be responsible for fulfilling its respective financial obligations in accordance with the provisions of the law on collection of land levies, land rents or water surface rents and law on tax administration.

The land levies and land rents paid in lump sum for the whole term of land lease when the land use purpose is changed shall be remitted to the central budget (for property managed by central enterprise) shall be remitted to the local budget (for property managed by local enterprises) according to the provisions of law on the state budget.

Article 13. Transfer to local governments for management

1. The transfer to local governments shall be done in the following cases:

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b) Other cases that the body or enterprise has no demand for use.

2. Within 30 days from the date on which the property disposition plan is approved by the competent authority prescribed in Article 6 of this Decree:

a) The Minister of Finance decides transfer of property from central ministries to local governments;

b) Each People’s Committee of province is responsible for deciding transfer of property managed by provincial bodies or enterprises to relevant agencies of the province.

3. Within 30 days from the date on which the decision on transfer prescribed in Clause 2 of this Article, the body or enterprise must cooperate with relevant agencies of the province in performing transfer and receipt of property. The transfer and receipt of property shall be kept in a record using form No. 01/TSC-BBGN issued together with Decree No. 151/2017/ND-CP.

4. After completing the transfer, the People's Committee of province shall direct relevant agencies to, according to the provisions of law on dwelling, land, relevant laws and dossiers on a case-by-case basis or report to competent authorities for taking appropriate actions as per the law.

Article 14. Retention of property for continued use

1. The temporary retention for continued use shall be applied in the following cases:

a) Property has been used improperly as prescribed in Clause 3 Article 15 of this Decree;

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2. Based on the plan approved by the competent agency specified in Article 6 of this Decree, the minister, the head of the central agency and the president of the People's Committee of province shall:

a) Direct the body or enterprise to terminate the use of property not in accordance with Clause 3 Article 15 of this Decree. After the use of property not in accordance with Clause 3 Article 15 of this Decree is terminated, the body or enterprise shall propose a property disposition plan as prescribed in this Decree;

b) For property specified at Point b, Clause 1 of this Article, the body or enterprise shall manage it as prescribed and transfer it to the relevant agencies according to the decision on forfeiture of competent authority.

Article 15. Disposition of property used improperly

1. For property already arranged as dwelling not qualified for being transferred to the local governments under the provisions of Point a, Clause 1, Article 13 of this Decree, the head of body or enterprise must relocate households and individuals out of zone of the property for proper use. The support for relocated households and individuals (if any) shall comply with the law on compensation, support, and resettlement when the State expropriates land.

The body or enterprise is responsible for requesting the body tasked to compensation and land clearing in area where the property is located (land public service organization or council for compensation, allowance, and resettlement of district) to make a plan for compensation, support, and resettlement as prescribed in the law on compensation, support and resettlement when the State expropriates land.

2. In cases where the entire or part of property is used for lending, leasing, cooperation, business, joint venture or association and other forms of use improperly as prescribed, but the improperly-used area can be separated from the remaining area into independent one, it shall be expropriated as prescribed in Article 9 of this Decree.

3. In cases where the entire or part of property is used for lending, leasing, cooperation, business, joint venture or association and other forms of use improperly as prescribed, but the improperly-used area cannot be separated from the remaining area into independent one, it shall be treated as prescribed in Point a Clause 2 Article 14 of this Decree.

4. Ministers, the heads of the central agencies and the presidents of People's Committees of provinces shall direct bodies and enterprises to pay all the proceeds from the leasing, cooperation, business, joint ventures or association improperly as prescribed to the central budget (for centrally-managed property) or to the local budgets (for locally-managed property) in accordance with regulations of law on state budget.

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The disposition of property leased by a local housing management company shall be done in compliance with the following regulations:

1. If the property (not yet valued for allocation of capital to the housing management company) is leased to a regulatory body, people's armed force, agency of the Communist Party of Vietnam, public sector entity, or socio-political organization financed by the state by the house management company, the body shall make a declaration and send a property disposition plan to central ministries (for centrally-managed body), or governing body (for locally-managed body), which shall be submitted to competent authorities as prescribed in Article 6 of this Decree for approval.

2. If the property (not yet valued for allocation of capital to the housing management company) is leased to an enterprise by the house management company before March 8, 2007 (effective date of Decision No. 09/2007/QD-TTg) that the enterprise renovated or repaired all of property on land before the effective date of this Decree and includes value of renovate and repair in fixed asset, the enterprise shall declare and send a property disposition plan to central ministries (for centrally-managed enterprise), or governing body (for locally-managed enterprise), which shall be submitted to competent authorities as prescribed in Article 6 of this Decree for approval.

3. Regarding property not defined in Clauses 1 and 2 of this Article, the house management company shall declare and send a plan to the competent authority prescribed in Clause 2, Article 4 of this Decree, the competent authority shall then make and send a property disposition plan to People's Committee of province for approval as prescribed in Article 6 of this Decree.

4. If the competent authority prescribed in Article 6 of this Decree approves the plan for retention of property for continued used:

a) The People's Committee of province decides to transfer the management and use right from the housing management company to central ministries for assignment to centrally-managed bodies or to locally-managed bodies associated with property specified in Clause 1 of this Article;

b) People’s Committee of province shall decide the land allocation or land lease to enterprises as prescribed by law on land associated with property prescribed in Clause 2 of this Article.

Article 17. Changes in approved plans

1. In cases where it is necessary to change the approved property disposition plan, the body or enterprise shall report to the superior managing agency (if any) for reporting competent authority defined in Clause 2, Article 4 of this Decree shall consider to submit to competent agencies defined in Article 6 of this Decree for consideration.

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Article 18. Management and use of the proceeds from the sale of property on land, assignment of land use right of bodies

1. Within 3 working days after receiving the proceeds from the sale of property on land, assignment of land use right specified in Clause 9, Article 11 of this Decree, the body acquiring the property has to pay money into a temporary account held by a public property managing authority as prescribed in Clause 1, Article 19 of the Law on Management and Use of Public Property, at the operations center of State Treasury (for centrally-managed body, except for agencies affiliated to Ministry of Defense and the Ministry of Public Security); or an account held by the Finance Department affiliated to the Ministry of Defense, the Finance Department affiliated to Ministry of Public Security at the operation center of State Treasury (for agencies affiliated to Ministry of Defense and the Ministry of Public Security); or an account held by the Department of Finance at the State Treasury of province (for locally-managed body). The temporary account shall be monitored in detailed concerning everybody acquiring property.

2. Payment of expenses associated with sale of property on land, assignment of land use right:

a) Expenditures and amounts thereof shall be consistent with Clause 4 and Clause 5 Article 36 of Decree No. 151/2017/ND-CP. In cases where households or individuals arranged to live in dwelling in the premises of the property must locate to other areas, relocation allowance (if any) shall be given according to the compensation, allowance, and resettlement plan approved by the competent authority.

b) Within 30 days after paying the money into the temporary account, the body has to report related expenditures to the competent agency that made the plan as prescribed in Clause 2, Article 4 of this Decree for appraisal of expenditures paid from the proceeds from sale of property on land, assignment of land use right.

An application for appraisal of expenditures includes:

- A written request for payment from body acquiring the property (clearly stating the proceeds from the sale of property on land, assignment of land use right; total related expenditures; information on payment account); enclosed with a detaailed list of expenditures: 01 original;

- A decision on sale of property on land, assignment of land use right of competent authority: 01 copy;

- Documents evidencing expenditures: approved expenditure estimate; contract for hiring service of valuation, auction, and demolition; invoices, receipts (if any): 01 copy.

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c) Within 15 days from the date on which the satisfactory application is received, the authority competent to make plan prescribed in Clause 2 Article 4 of this Decree shall appraise related expenditures paid from proceeds from sale of property on land, assignment of land use right; and send a request to the temporary account holder of expenditures paid by the body acquiring the property, which clearly states:

- Information about property to be sold;

- Proceeds from sale of property on land and assignment of land use rights;

- Expenditures associated with sale of property on land, assignment of land use right request to be paid, enclosed with a detailed list of expenditures;

- Information about payment account.

d) Within 30 days from the date on which the request for payment is received as prescribed in Point c of this Clause, the temporary account holder shall give money to the body acquiring such property to pay expenditures on sale of property on land, assignment of land use right.

3. Quarterly, the temporary account holder shall pay the remaining money of the proceeds from sale of property on land, assignment of land use right after the expenditures were paid to the central budget (for centrally-managed property) or local budgets (for locally-managed property) in accordance with the law on the state budget.

4. The amounts remitted to the state budget shall be used for development investment purposes and given priority in the state budget expenditure estimates in accordance with the provisions of law on state budget, legislation on public investment and other relevant laws for the following purposes:

a) Expenditures on investment, construction, upgrading or renovation of working offices, public sector establishments of bodies under the management of central ministries and local governments with reference to the temporary account holder prescribed in Clause 1 of this Article on the source of funds used for the investment projects in line with the property disposition plan;

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c) The amount included in the expenditure estimate for expenses prescribed in Points a and b of this Clause shall not exceed 70% of the State budget remittance. Particularly, the Ministry of Defense and the Ministry of Public Security shall be entitled to allocate not more than 100% of the State budget remittances, and shall only be allowed to spend on important tasks as decided by the Prime Minister.

5. The management, payment and statement of the expenses prescribed in Clause 4 of this Article shall comply with the law provisions on the state budget and relevant laws.

6. The management and use of the proceeds from the sale of property on land, assignment of land use right in cases where property subject to relocation under planning or environmental pollution shall be done in accordance with Clause 2 of this Chapter.

Article 19. Management and use of proceeds from sale of property on land and assignment of land use rights of state-owned enterprises

1. Proceeds from sale of property on land and assignment of land use rights shall be managed and used as follows:

a) Where the property on land have been allocated to a state-owned enterprise as capital, it shall be entitled to use the proceed from the sale of property on land as prescribed by law on enterprises and the law on management and use of state capital in business at the enterprise;

b) Where the value of the land use right which has been allocated to an state-owned enterprise as capital, the State enterprise shall be entitled to use the amount of land use right assignment corresponding to the land use purpose upon allocation of land and the remaining term of land use in accordance with law on enterprises, the law on management and use of state capital invested in production and business at enterprises and relevant laws;

c) For cases not specified at Points a and b of this Clause, the management and use of the proceeds from the sale of property on land or assignment of land use rights shall be done in accordance with Clauses 2 , 3, 4, 5, 6 and 7 of this Article;

d) The value of property on land and the value of land use right already allocated to the enterprise as capital shall be determined according to the document stating the capital allocation to the enterprise. The proceeds from the sale of property on land at the winning bid price shall be the value of the property on the land in the starting price for auction of property on land or assignment of land use rights.

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3. Payment of expenses associated with sale of property on land, assignment of land use right:

a) The expenditure and amount thereof shall be consistent with Point a Clause 2 Article 18 of this Decree. Where an enterprise has investment costs in land, it shall be paid the remaining investment costs on the basis of accounting books, original documents, or economic contracts, lump sum contract, factual evidence, which is equal to total cost of investment in land minus the amount allocated to the business costs of the enterprise;

b) The collection of expenses, the evaluation of expenses, written requests for payment of expenses and payment of expenses shall comply with the provisions at Points b, c and d, Clause 2, Article 18 of this Decree.

4. Quarterly, the temporary account holder shall pay the remaining money of the proceeds from sale of property on land, assignment of land use right after the expenditures were paid to the central budget (for centrally-managed property) or local budgets (for locally-managed property) in accordance with the law on the state budget.

5. The amount of money remitted into the state budget is used for development investment purposes and prioritized in the state budget expenditure estimates as prescribed in law on the state budget, the law on public investment and other relevant laws for spending on construction, upgrading and renovation of working offices and business establishments on the basis of opinions of the temporary account holder prescribed in Clause 2 of this Article on the source of funds used for investment projects in line with the property disposition plan.

The amount of money included in the budget estimate for execution of the investment project shall not exceed 50% of the amount remitted into the State budget. Particularly, the Ministry of Defense and the Ministry of Public Security shall be entitled to allocate not more than 100% of the State budget remittances, and shall only be allowed to spend on important tasks as decided by the Prime Minister.

6. The management, payment and statement of the expenses prescribed in Clause 5 of this Article shall comply with the law provisions on the state budget and relevant laws. The state enterprise shall carry out the procedures for recording the increase of the state capital at the enterprise for the sum of money for executing investment projects as per the law.

7. The management and use of the proceeds from the sale of property on land, assignment of land use right in cases where property subject to relocation under planning or environmental pollution shall be done in accordance with Clause 2 of this Chapter.

Article 20. Management and use of proceeds from sale of property on land and assignment of land use rights of joint-stock companies

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a) Where the property on land have been allocated to a joint-stock company as capital as prescribed, it shall be entitled to use the proceed from the sale of property on land as prescribed by law on enterprises and the law on management and use of state capital in business at the enterprise;

b) Where the value of the land use right which has been allocated to a joint-stock company as capital as prescribed, it shall be entitled to use the amount of land use right assignment corresponding to the land use purpose upon allocation of land and the remaining term of land use in accordance with law on enterprises, the law on management and use of state capital invested in production and business at enterprises and relevant laws;

c) The cases not specified at Points a and b of this Clause shall be managed and used according to the provisions of Clause 2 of this Article.

d) The value of property on land or the value of the land use right that has been determined as state capital at a joint-stock company shall be determined according to document of competent authority determining the value of property being state capital the joint-stock company; the proceeds from the sale of property on land in the auction winning price shall be the value of the property on the land in the starting price for auction of property on land and assignment of land use rights.

2. The management and use of the proceed from Point c, Clause 1 of this Article shall be done as follows:

a) Within 3 working days after receiving the payment from the buyer, the joint-stock company has to pay the proceeds from the sale of the property on the land or assignment of land use right into the temporary account according to the provisions of Clause 2, Article 19 of this Decree;

b) The payment of expenses related to the sale of property on land or assignment of land use rights shall comply with the provisions of Clause 3, Article 19 of this Decree;

c) The remaining amount after deducting related expenses shall be remitted into the state budget according to the provisions of Clause 4, Article 19 of this Decree.

Section 2. DISPOSITION OF PROPERTY TO BE RELOCATED UNDER PLANNING OR DUE TO ENVIRONMENT POLLUTION

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1. The power to decide the list of property to be relocated:

a) Ministry of Natural Resources and Environment shall take charge and cooperate with Ministry of Finance, concerned ministries and People's Committees of provinces where property is located in submitting lists of property to be relocated due to environmental pollution to the Prime Minister for promulgation;

b) The list of property to be relocated under planning issued by People's Committee of province after obtaining the opinions of the People's Council of province at the same administrative level;

c) Where it is necessary to relocate but the competent authority have not yet promulgated the list according to the provisions at Points a and b of this Clause, the governing body shall send a document to the competent agency defined at Points a, Point b of this Clause for consideration.

2. The authority competent to issue lists of property to be relocated specified at Points a and b, Clause 1 of this Article shall stipulate the relocation plan (up to 05 years). Upon expiry of the relocation plan, if the property has not yet been relocated, the provisions of Articles 23, 24 and 25 of this Decree shall not apply; entities involved in the relocation delay shall be held responsible as per the law.

3. For property to be relocated on the list under planning or due to environment pollution but subject to land expropriation for use for objectives of national defense and security and socio-economic development for the public interest under the land law, the land expropriation, compensation and allowance shall comply with the provisions of the land law and not comply with the provisions of this Decree.

Article 22. Procedures, power to approve option for disposition of property at former location before relocation

1. The formulation of the plan, procedures, power to approve option for disposition of property at former location shall comply with the provisions of Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of this Decree. The payment of land levies or land rents for the change of land use purposes of enterprises under Clause 3, Article 12 of this Decree shall comply with the provisions of Clause 3, Article 24 and Clause 2, Article 25 of this Decree.

2. The remittance, management of proceeds from the sale of property on land, assignment of land use rights or change to land use purposes at former location shall comply with the provisions in Articles 23, 24 and 25 of this Decree.

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1. The body has to pay the proceed from the sale of the property on the land and assignment of land use right at the former location to the temporary account prescribed in Clause 1, Article 18 of this Decree.

2. The payment of expenses related to the sale of property on land or assignment of land use rights shall comply with the provisions of Clause 2, Article 18 of this Decree.

3. Payment of severance pay:

a) If a public employee or employee who is executing a labor contract and has worked regularly for at least 12 months at a body to be relocated is laid off, he/she will be paid 1 month’s salary and allowance (if any) for each year of actual work and 06 months’ salary and allowance (if any) to find a new job;

The working time on which calculation of severance pay is based is the total working time (cumulative) from the date of issuance of the employment decision or the date of commencement of work under the labor contract until the date on which decision on layoff issued by the competent authority.

Salaries and allowances (if any) as the basis for calculating severance pay is the actual pay scale and payroll at the time of layoff.

If a public employee or employee wishes to learn a skilled trade, he/she will, in addition to the above-said severance pay, be supported for training for no more than 12 months at a vocational training institution under a notice of Department of Labor, War Invalids and Social Affairs of province where the property is located.

b) A body acquiring property to be relocated prescribed in Point a of this Clause, shall determine severance pay for officials, public employees and employees under its management and send it to the competent authority for appraisal as prescribed in Point c of this Clause;

c) The central ministry (for centrally-managed body); department or People's Committee of district (for locally-managed body) shall do the appraisal and send a written request for severance pay to the body and to the holder of temporary account. The written request shall indicate information about property to be sold (former address), proceed from sale of property, and payment account enclosed with an application for payment. An application for payment includes:

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- Documents on appraisal of severance pay as prescribed;

- Necessary documents (if any) (certified true copy).

d) The holder of temporary account shall request the Minister of Finance (for centrally-managed body) or the President of People’s Committee of province (for locally-managed body) to consider severance pay, and then give fund to the body acquiring the property in order to give severance pay to the laid-off employee.

4. Quarterly, the temporary account holder shall pay the remaining money of the proceeds from sale of property on land, assignment of land use right after the expenditures prescribed in Clause 2 and Clause 3 of this Article were paid to the central budget (for centrally-managed body) or local budgets (for locally-managed body) in accordance with the law on the state budget.

5. The amount of money remitted into the state budget is used for development investment purposes and prioritized in the state budget expenditure estimates as prescribed in law on the state budget, the law on public investment and other relevant laws for spending on construction of working offices and business establishments on the basis of opinions of the temporary account holder prescribed in Clause 1 of Article 18 on the source of funds used for investment projects in line with the property disposition plan.

The amount of money included in the budget estimate for execution of the investment project shall not exceed 100% of the amount remitted into the State budget. Particularly, the Ministry of Defense and the Ministry of Public Security shall only be allowed to spend on important tasks as decided by the Prime Minister.

6. The management, payment and statement of the expenses prescribed in Clause 5 of this Article shall comply with the law provisions on the state budget and relevant laws.

Article 24. Management and use of proceeds from sale of property on land and assignment of land use rights of state-owned enterprises

1. The proceed from the sale of property on land or assignment of land use rights which is allocated to an enterprise as capital and managed and used according to the provisions of Point a, Point b, Clause 1, Article 19 of this Decree.

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3. The fee for change in land use purposes shall comply with the provisions of the land legislation. The authority competent to give a notice of payment of the change in land use purpose shall send 1 copy of the notice on payment to the holder of the temporary account prescribed in Clause 2, Article 19 of this Decree. The time limit for a state-owned enterprise to make payment of change in land use purposes into the temporary account is as follows:

a) Within 30 days after the state agency competent to sign a notice on payment of change in land use purpose, the state-owned enterprise has to pay 50% of the land levy under the notice;

b) Within the next 60 days, the state-owned enterprise has to pay 50% of remaining fee for change in land use purpose under the notice;

c) Upon expiry of aforesaid time limit, if the state enterprise fails to make full payment as prescribed in money Points a and b of this Clause, the late payment interest shall be charged according to the provisions of law on tax administration. The holder of the temporary account shall send a written notice to the Department of Taxation of district (where the property is located) to determine and issue a notice on the late payment interest. The late payment interest shall be managed and used in compliance with the laws and regulations on state budget.

4. The payment of expenses related to the sale of property on land or assignment of land use rights, change in land use purposes shall comply with the provisions of Clause 3, Article 19 of this Decree.

5. The payment of layoff pay and vocational training aid:

a) Temporary layoff pay: If an employee executing a labor contract has worked regularly for at least 6 months at an enterprise to be relocated until the temporary layoff time until the layoff time, he/she is paid to 1 month’s salary and allowance (if any) for each month of layoff, but not exceeding 12 months; the salary and allowance (if any) as the basis for calculating the above pay is the actual pay scale and payroll at the time of temporary layoff;

b) Permanent layoff: If an employee who is executing a labor contract and has worked regularly for at least 12 months at an enterprise to be relocated is laid off until the layoff time, he/she will be paid 1 month’s salary and allowance (if any) for each year of actual work and 06 months’ salary and allowance (if any) to find a new job in case of employee within the labor age prescribed in law on labor;

Salary and allowance (if any) as the basis for calculating pay is the actual pay scale and payroll at the time of permanent layoff;

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If the employee has received temporary layoff pay, but after that, he/she applies for permanent layoff, the permanent layoff pay will be deducted from the temporary layoff pay.

c) Vocational training in the form of skilled trade for the number of newly-recruited laborers in the new position at the rate of VND 500,000 per person monthly, for a maximum period of 12 months;

d) The determination of costs, appraisal of expenses and grant for expenses defined at Points a, b and c of this Clause shall comply with the provisions at Points b, c and d, Clause 3, Article 23 of this Decree.

6. Quarterly, the temporary account holder shall pay the remaining money of the proceeds from sale of property on land, assignment of land use right, change in land use purpose after the expenditures prescribed in Clause 4 and Clause 5 of this Article were paid to the central budget (for centrally-managed property) or local budgets (for locally-managed property) in accordance with the law on the state budget.

7. The amount of money remitted into the state budget is used for development investment purposes and prioritized in the state budget expenditure estimates as prescribed in law on the state budget, the law on public investment and other relevant laws for spending on construction of working offices and business establishments to be relocated on the basis of opinions of the temporary account holder prescribed in Clause 2 of Article 19 on the source of funds used for investment projects in line with the property disposition plan at the former location.

The amount of money included in the budget estimate for execution of the investment project shall not exceed 70% of the amount remitted into the State budget. Particularly, the Ministry of Defense and the Ministry of Public Security shall be entitled to allocate not more than 100% of the State budget remittances, and shall only be allowed to spend on important tasks as decided by the Prime Minister.

8. The management, payment and statement of the expenses prescribed in Clause 7 of this Article shall comply with the law provisions on the state budget and relevant laws. The state enterprise shall carry out the procedures for recording the increase of the state capital at the enterprise for the sum of money for executing investment projects as per the law.

Article 25. Management and use of proceeds from sale of property on land, assignment of land use rights, and change in land use purposes of joint-stock companies

1. The proceed from the sale of property on land or assignment of land use rights which is allocated to a state-owned enterprise as capital as prescribed and managed and used according to the provisions of Point a, Point b, Clause 1, Article 20 of this Decree.

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3. The payment of expenses related to the sale of property on land or assignment of land use rights shall comply with the provisions of Clause 3, Article 19 of this Decree;

4. The payment of layoff pay and vocational training aid shall be made as prescribed in Clause 5 Article 24 of this Decree.

5. Quarterly, the temporary account holder shall pay the remaining money of the proceeds from sale of property on land, assignment of land use right, change in land use purpose after the expenditures prescribed in Clause 3 and Clause 4 of this Article were paid to the central budget (for centrally-managed joint-stock company’s property) or local budgets (for locally-managed joint-stock company’s property) in accordance with the law on the state budget.

6. The amount of money remitted into the state budget is used for development investment purposes and prioritized in the state budget expenditure estimates as prescribed in law on the state budget, the law on public investment, law on management and use of state capital invested in enterprises for giving extra state capital to joint-stock company on the basis of opinions of the temporary account holder prescribed in Clause 2 of Article 19 on the source of funds used for investment projects in line with the property disposition plan at the former location.

The amount of money included in the budget estimate for providing state capital at joint-stock company to execute investment project shall not exceed 70% of the amount remitted into the state budget. Particularly, the Ministry of Defense and the Ministry of Public Security shall be entitled to allocate not more than 100% of the State budget remittances, and shall only be allowed to spend on important tasks as decided by the Prime Minister.

7. The authority competent to decide on extra state capital invested in joint-stock companies according to the provisions of law on management and use of state capital invested in business shall consider it on the following bases:

a) The source of funds from the property at the former location;

b) Nature of the investment project and the need to invest state budget capital in the enterprise;

c) A resolution of the Members’ Council or the shareholders' general meeting on the receipt of state budget capital into enterprises.

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Chapter III

DISPOSITION OF OTHER PUBLIC PROPERTY

Article 26. Disposition of cars

1. Competent authorities, central ministries, and People's Committees of provinces shall, according to the standards and norms on use of cars, review and conduct disposition of cars of bodies within their scope of management

2. The disposition of cars shall be conducted as prescribed by Government on standards and norms on use of cars.

Article 27. Disposition of machinery, equipment and other public property

1. According to standards and norms on use of machinery, equipment and other public property issued by competent authorities, the head of body or project management board funded by state capital in charge of public property shall review and conduct disposition of current machinery, equipment and other public property within its scope of management.

2. Machinery, equipment and other public property that are used in accordance with statutory standards and norms shall continue to be managed and used in accordance with regulations.

3. Regarding redundant machinery, equipment and public property (in excess of standards and norms), the body or management board funded by state capital in charge of property shall report them to competent authority for appropriate actions according to the forms prescribed in the Law on Management and Use of Public Property and Decree No. 151/2017/ND-CP.

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IMPLEMENTATION

Article 28. Transitional provision

1. At the effective date of this Decree, for property being disposed of according to the provisions of the Prime Minister's Decision No. 09/2007/QD-TTg dated January 19, 2007 on disposition of property owned by the state (hereinafter referred to as Decision No. 09/2007/QD-TTg) or Decision No. 86/2010/QD-TTg dated December 22, 2010 of the Prime Minister on promulgation of the financial regulation for the relocation of polluting facilities and facilities subject to relocation under urban construction planning (hereinafter referred to as Decision No. 86/2010/QD-TTg) which the property disposition plan has not yet been approved by the competent authority, the subsequent steps of the process stipulated in this Decree shall keep applying.

2. As for property already approved by competent authorities for property disposition plan under the provisions of Decision No. 09/2007/QD-TTg or Decision No. 86/2010/QD-TTg before the effective date of this Decree but has not yet completed the implementation of the plan, it shall continue to carry out the unfinished steps as well as the management and use of the proceeds from the sale of property on land, assignment of land use rights, or change in land use purpose (if any) shall comply with the provisions of this Decree. In case of change of property disposition plan, the provisions of Article 17 of this Decree shall apply.

3. As for a joint-stock company defined in Clause 1, Article 2 of this Decree converted from a state-owned enterprise in which the state-owned enterprise has already been approved the property disposition plan as prescribed in Decision No. 80/2001/QD-TTg dated May 24, 2001 on the disposition of property owned by the state in Ho Chi Minh City, prescribed in Decision No. 09/2007/QD-TTg or Decision No. 86/2010/QD-TTg and the land use plan when ownership is transferred, in accordance with the regulations on disposition of property under the Prime Minister's decision, the joint-stock company shall continue their implementation of plan approved by the competent authority.

4. As for property which the sale of property on land or assignment of land use rights has been completed but the proceed has not yet used and the body has transformed their operation, the management and use the proceed as prescribed in this Decree corresponding to the entity after their transformation.

If a governing body wishes to use the proceed from the sale of property on land or assignment of the land use right for execution of other urgent investment projects under its management, the Minister of Finance shall consider (for centrally-managed body or enterprise) or President of the People’s Committee of the province (for locally-managed body or enterprise).

Article 29. Actions against violations

1. Ministers, the heads of the ministerial-level agencies, Governmental agencies, other central agencies, the chairmen of the members’ councils of the state-owned enterprises, the chairmen of the joint-stock companies, presidents of the State Committees People's committees of provinces shall be held accountable to the Prime Minister for failing to conduct disposition of public property in accordance with the provisions of this Decree.

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3. If a plan associated with property approved by competent authority has not yet completely executed, it must be accelerated; if a body or enterprise acquiring property for lease, lending, business cooperation, joint venture or association in contravention of regulations, it has to remit all the proceeds into the state budget; and actions against responsibilities of collectives and concerned individuals according to regulations shall be taken.

4. If plan on sale of property on land, assignment of land use right associated with property approved by competent authority has not yet completely executed after 24 months and is not granted an extension, the Minister of Finance shall consider the expropriation (for centrally-managed property or property under management of other province); People's Committees of provinces shall consider the expropriation (for locally-managed property) for management as per the law.

5. If plan on change in purpose of land use associated with property approved by competent authority has not yet completely executed after 24 months and is not granted an extension, the Minister of Finance shall consider the expropriation (for centrally-managed property or property under management of other province); People's Committees of provinces shall consider the expropriation (for locally-managed property) for management as per the law.

Article 30. Entry in force

1. This Decree comes into force as of January 1, 2018.

2. The following documents shall be annulled:

a) Prime Minister's Decision No. 09/2007/QD-TTg dated January 19, 2007 on the disposition of property owned by state;

b) Prime Minister's Decision No. 140/2008/QD-TTg of October 21, 2008 on guidelines for Prime Minister's Decision No. 09/2007/QD-TTg dated January 19, 2007 on disposition of property owned by state;

c) Prime Minister's Decision No. 71/2014/QD-TTg dated December 17, 2014 on guidelines for Clause 5 Article 1 of Prime Minister's Decision No. 140/2008/QD-TTg dated October 21, 2008 on disposition of property owned by state;

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dd) The Prime Minister's Decision No. 69/2014/QD-TTg dated December 10, 2014 on management and use of proceeds from the disposition of property at units affiliated to the Ministry of Defense;

e) The Prime Minister's Decision No. 11/2016/QD-TTg dated March 7, 2016 on management and use of proceeds from the disposition of property at units affiliated to the Ministry of Public Security;

g) Documents on direction of the Government, the Prime Minister and concerned agencies that is incompatible with the provisions of this Decree.

Article 31. Implementation

1. The Ministry of Finance shall take charge of implementation of this Decree.

2. The Ministry of Finance and People's Committees of provinces shall inspect the implementation of plans on disposition of public property approved by competent authorities.

3. Central ministries and People's Committees of provinces shall:

a) Inspect compliance with standards and norms for the use of public property within the ambit of their assigned tasks and powers; inspect and urge the implementation of plans on property disposition plan;

b) Direct the bodies and enterprises under their respective management to implement the property disposition plans already approved by competent authorities; consult with holders of temporary accounts on the proceeds from the disposition of property for submission to the competent authorities for consideration and decision in the cases specified at Point a, Clause 4, Article 18, Clause 5 Article 19, Clause 5 of Article 23, Clause 7 of Article 24 and Clause 6 of Article 25 in accordance with the law on public investment.

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a) Implement the property disposition plan already approved by competent authorities;

b) Supply dossiers and papers related to property and the situation of implementation of plans approved by competent authorities for inspection by inspection agencies;

c) Self-examine the observance of standards and norms on the use of public property.

5. Ministers, the heads of the ministerial-level agencies, Governmental agencies, other central agencies, the chairmen of the members’ councils of the state-owned enterprises, the chairmen of the joint-stock companies, presidents of the State Committees People's committees of provinces, bodies, enterprises and relevant individuals shall implement this Decree./.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc