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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
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No: 127/2025/ND-CP
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Hanoi, June 11, 2025
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DECREE
ON DELEGATION OF AUTHORITY FOR STATE MANAGEMENT IN MANAGEMENT
AND UTILIZATION OF PUBLIC PROPERTY
Pursuant to Law on
Government Organization 2025;
Pursuant to Law on
Organization of Local Government 2025;
Pursuant to Decree No.
190/2025/QH15 dated February 19, 2025 of the National Assembly of Vietnam on on
settlement of some issues related to restructuring of state apparatus;
Pursuant to Law on
Management and Use of Public Property dated June 21, 2017; Law on amendments to
certain Articles of the Law on Securities, Law on Accounting, Law on
Independent Audit, Law on State Budget, Law on Management and Use of Public
Property, Law on Tax Administration, Law on Personal Income Tax, Law on
National Reserves, Law on Penalties for Administrative Violations dated
November 29, 2024;
At the request of the
Minister of Finance;
The Government of
Vietnam promulgates Decree on delegation of authority for state management in
management and utilization of public property.
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GENERAL
PROVISIONS
Article
1. Scope, regulated entities
1. The Decree provides for
the following contents:
a) The devolution of
authority of the Prime Minister of Vietnam to Ministers, heads of central and
local authorities; devolution of authority of the Ministers, heads of
ministerial authorities to local authorities.
b) Procedures for
performing tasks and powers of agencies and persons authorized to perform
delegated tasks and powers.
2. Regulated entities
This Decree applies to
central regulatory agencies, local authorities, and relevant organizations and
individuals in management and utilization of public property.
Article
2. Rules of delegation
1. Ensure compliance with
the provisions of the Constitution; principles and regulations on distinction
of powers, delegation of Law on Government Organization, Law on Organization of
Local Government.
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3. Ensure that the
Government of Vietnam, Prime Minister of Vietnam, ministries, ministerial
authorities, and central authorities perform macro-level state management
tasks; ensure and organize the implementation of construction of institutions,
strategies, planning, and plans synchronously and consistently; play a creative
role; and strengthen the inspection, audit, and supervision.
4. Strengthen delegation
and clearly define the authority of People's Councils, People's Committees,
Chairpersons of People's Committees; clearly define the general authority of
People's Committees and specific authority of Chairpersons of People's
Committees; ensure alignment with the tasks, powers, and capacities of
authorized agencies and individuals.
5. Delegate relevant
sectors and fields to ensure the coherence, comprehensiveness,
interconnectedness and avoid omissions or overlaps; ensure legal basis for
normal, continuous, and transparent operation of agencies; avoid disruptions,
overlapping, omission of functions, tasks, sectors, and territories.
6. Ensure human rights,
civil rights; ensure transparency to facilitate individuals, organizations to
access information, exercise rights, obligations, and procedures as provided by
law; avoid disruption to the normal operations of society, individuals, and
businesses.
7. Ensure non-interference
in implementation of international treaties, international agreements of which
the Socialist Republic of Vietnam is a member.
Chapter
II
DELEGATION
OF AUTHORITY FOR STATE MANAGEMENT IN MANAGEMENT AND UTILIZATION OF PUBLIC
PROPERTY AT AGENCIES, ORGANIZATIONS, AND UNITS
Article
3. Management, use, and and disposition of public property at agencies, organizations, and units
1. Chairpersons of
People's Committees of provinces shall decide to transfer or assign public
property from agencies, organizations, and units within the management
scope to other ministries, central agencies, and local authorities stipulated
in point a, Clause 1, Article 20 of Government’s Decree No. 151/2017/ND-CP
dated December 26, 2017 detailing certain provisions of the Law on Management
and Use of Public Property, as amended by Government’s Decree No.
114/2024/ND-CP dated September 15, 2024, and Government’s Decree No.
50/2025/ND-CP dated February 28, 2025 (hereinafter referred to as " Decree
No. 151/2017/ND-CP”).
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2. Ministers, Heads of
central authorities, People's Committees of provinces issue specific lists of
property that must be insured for storm, and flood risks under their management
scope and roadmaps for implementation stipulated in Clause 2 Article 135 of
Decree No. 151/2017/ND-CP.
3. Chairpersons of
People's Committees of provinces shall decide to assign or transfer public
property under the management scope to units affiliated to the People's Armed
Forces stipulated in point b, Clause 2, Article 59 of Decree No.
151/2017/ND-CP.
Procedures for assigning
or transferring public property are implemented in accordance with Article 21
of Decree No. 151/2017/ND-CP without having to send a report to the Minister of
Finance for consideration and decision as stipulated in Article 21 of Decree
No. 151/2017/ND-CP.
4. Chairpersons of
People's Committees of provinces shall decide to approve plans to assign or
transfer property of a project within the local management scope to another agency,
organization, unit, project under central or local management stipulated in
point a, Clause 2, Article 92 of Decree No. 151/2017/ND-CP.
Procedures for approving
the implementation plan shall comply with Article 93 of Decree No.
151/2017/ND-CP without having to send a written request to the authorities
responsible for the management of public property specified in Clause 1 Article
19 of Law on Management and Use of Public Property of the Minister of Finance.
The Minister of Finance shall consider deciding in accordance with points d and
dd Clause 1 Article 93 of Decree No. 151/2017/ND-CP.
Article
4. Approval of plans for disposition of buildings and land
1. Ministers, heads of
central authorities, chairpersons of People's Committees of provinces shall
approve the plan for disposition of buildings and land as prescribed in point a
Clause 1 Article 8 of the Government’s Decree No. 03/2025/ND-CP dated
January 1, 2025 on disposition of public property (hereinafter referred to as
“Decree No. 03/2025/ND-CP”). Procedures for approval of plans for disposition
of buildings and land by Ministers, heads of central authorities shall comply
with Article 6 of Decree No. 03/2025/ND-CP without having to send a report to
the Prime Minister as prescribed in point a Clause 6 of Article 6 of Decree No.
03/2025/ND-CP.
Procedures for approval
of plans for disposition of buildings and land by chairpersons of People's
Committees of provinces shall comply with Article 7 of Decree No.
03/2025/ND-CP; without having to send a report to the Prime Minister as
prescribed in point a Clause 3 of Article 7 of Decree No. 03/2025/ND-CP.
Chairpersons of People's Committees of provinces shall perform the tasks,
powers of People's Committees of provinces as prescribed in point d, Clause 3,
Article 7 of Decree No. 03/2025/ND-CP.
2. Chairpersons of
People's Committees of provinces shall approve plans to assign or transfer
buildings and land from agencies, organizations, units within the management
scope to other ministries, central authorities, or provinces stipulated in
Clause 2, Article 8 of Decree No. 03/2025/ND-CP.
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Article
5. Property management, use, and disposition of overseas Vietnamese bodies
1. Ministers, heads of
central authorities, chairpersons of People's Committee of provinces shall decide
on:
a) Assignment or transfer
of used cars of overseas Vietnamese bodies under the management scope with a
remaining value or re-evaluation value exceeding 15% of the maximum value
specified in Clause 14 of Article 5 of Government’s Decree No. 166/2017/ND-CP
dated December 31, 2017 on standards, norms, and regime for management and use
of public property of overseas Vietnamese bodies, as amended by Government’s
Decree No. 171/2024/ND-CP dated December 27, 2024 (hereinafter referred to as
“Decree No. 166/2017/ND-CP”);
b) Investment in
construction and purchase of working offices, facilities providing public
services, buildings and private houses of Ambassadors of overseas Vietnamese
bodies under the management scope in other cases specified in point d, Clause
1, Article 9 of Decree No. 166/2017/ND-CP.
c) Equipment of cars with
prices excluding taxes exceeding 15% of the maximum price specified by overseas
Vietnamese bodies under the management scope as prescribed in Clause 2, Article
18 of Decree No. 166/2017/ND-CP;
2. Chairpersons of
People's Committees of provinces shall decide on:
a) Assignment or transfer
of used cars of overseas Vietnamese bodies under the management scope with a
remaining value on the accounting books or re-evaluation value according to the
law not exceeding the maximum price or higher than 15% of the maximum price
specified in Clause 14 of Article 5 of Decree No. 166/2017/ND-CP from local
authorities to ministries, central authorities, or between provinces.
b) Assignment or transfer
of working offices, facilities providing public services, buildings and private
houses for Ambassadors of overseas Vietnamese bodies under the management scope
specified in point a, Clause 2, Article 12a of Decree No. 166/2017/ND-CP from
local authorities to ministries, central authorities, or between provinces.
Chapter
III
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Article
6. Management, utilization, and exploitation of aviation infrastructure assets
1. The Minister of
Construction shall decide to assign the aviation infrastructure assets
specified in point a, Clause 2, Article 5 of Government’s Decree No.
44/2018/ND-CP dated March 13, 2018 on management, utilization, and exploitation
of aviation infrastructure assets (hereinafter referred to as “Decree No.
44/2018/ND-CP”)
Procedures for deciding
to assign aviation infrastructure assets shall comply with Clause 4, Article 5
of Decree No. 44/2018/ND-CP; without having to send a report to the Prime
Minister for consideration, approval of plans to assign the management of
aviation infrastructure assets as prescribed in point d, Clause 4, Article 5 of
Decree No. 44/2018/ND-CP.
2. The Minister of
Construction shall decide to approve schemes for aviation infrastructure asset
exploitation stipulated in point a, Clause 1, Article 11, Article 12, and
Article 13 of Decree No. 44/2018/ND-CP.
Procedures for preparing,
approving schemes for aviation infrastructure asset exploitation shall comply
with Clause 4 of Article 11, Clause 4 of Article 13 of Decree No.
44/2018/ND-CP; without having to send a report to the Prime Minister for
consideration, approval for schemes for aviation infrastructure asset
exploitation as prescribed in point d Clause 4 of Article 11, point d Clause 4
Article 12, and point d Clause 4 Article 13 of Decree No. 44/2018/ND-CP.
3. The Minister of
Construction shall decide to reclaim, transfer, and sell aviation
infrastructure assets stipulated in point a Clause 2 Article 17, point a Clause
2 Article 18, and point a Clause 2 Article 19 of Decree No. 44/2018/ND-CP.
Procedures for
reclaiming, transferring, and selling aviation infrastructure assets shall
comply with Clause 5 of Article 11, Clause 4 of Article 18, and Clause 5 of
Article 19 of Decree No. 44/2018/ND-CP; without having to send a report to the
Prime Minister for consideration, approval for reclaiming, transferring, and
selling aviation infrastructure assets as prescribed in point b Clause 5 of
Article 17, point b Clause 4 Article 18, and point b Clause 5 Article 19 of
Decree No. 44/2018/ND-CP.
4. The Minister of
Construction shall decide to use existing aviation infrastructure assets to
participate in public-private partnership (PPP) investment projects specified
in point a Clause 2 Article 22 of Decree No. 44/2018/ND-CP.
Article
7. Management, utilization, and exploitation of road infrastructure assets
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Procedures for deciding
to assign aviation infrastructure asset shall comply with Clause 4, Article 5
of Decree No. 44/2018/ND-CP; without having to send a report to the Prime
Minister for consideration, approval of plans to assign the management of
aviation infrastructure asset as prescribed in point d, Clause 4, Article 5 of
Decree No. 44/2018/ND-CP.
2. The Minister of
Construction, chairpersons of People's Committees of provinces shall approve
schemes for road infrastructure asset exploitation within the management scope
relevant to national defense and security stipulated in point a Clause 2
Article 13 of the Decree No. 44/2024/ND-CP.
Procedures for approving
schemes for road infrastructure asset exploitation shall comply with Clauses 3
and 4, Article 13 of Decree No. 44/2018/ND-CP; without having to send a report
to the Prime Minister for consideration, approval of schemes for road
infrastructure asset exploitation as prescribed in Clause 5, Article 13 of
Decree No. 44/2018/ND-CP.
3. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
revoke road infrastructure assets within the management scope relevant to
national defense and security stipulated in point a Clause 2 Article 21, and
point a Clause 2 Article 26 of the Decree No. 44/2024/ND-CP.
Procedures for deciding
to revoke road infrastructure assets shall comply with Clauses 4 and 5, Article
21 of Decree No. 44/2018/ND-CP; without having to send a report to the Prime
Minister for consideration, approval of decision on revocation of road
infrastructure assets as prescribed in point b Clause 4, point a Clause 5
Article 21, and point a Clause 2 Article 26 of Decree No. 44/2018/ND-CP.
4. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
assign or transfer road infrastructure assets within the management scope
relevant to national defense and security stipulated in point a Clause 2
Article 22, and point a Clause 3 Article 26 of the Decree No. 44/2024/ND-CP.
Procedures for deciding
to assign or transfer road infrastructure assets shall comply with Clause 3,
Article 22 of Decree No. 44/2018/ND-CP; without having to send a report to the
Prime Minister for consideration, approval of decision on transfer of road
infrastructure assets as prescribed in point b Clause 3 Article 22, point a
Clause 3 Article 26 of Decree No. 44/2018/ND-CP.
5. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
transfer road infrastructure assets within the management scope relevant
to national defense and security to local authorities for management and
handling as stipulated in point a Clause 2 Article 23 of the Decree No.
44/2024/ND-CP.
Procedures for deciding
to transfer road infrastructure assets shall comply with Clause 3, Article 22
of Decree No. 44/2018/ND-CP; without having to send a report to the Prime
Minister for consideration, approval of decision on transfer of road infrastructure
assets as prescribed in point b Clause 3 Article 22, point a Clause 3 Article
26 of Decree No. 44/2018/ND-CP.
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Procedures for deciding
to use existing road infrastructure assets to participate in PPP investment
projects shall comply with Clause 3, Article 28 of Decree No. 44/2018/ND-CP;
without having to send a report to the Prime Minister for consideration,
approval of use of the management of existing road infrastructure assets as
prescribed in point b, Clause 3, Article 28 of Decree No. 44/2018/ND-CP.
7. Chairpersons of
People's Committees of provinces shall decide to assign or transfer road
infrastructure assets, materials, and supplies recovered from the liquidation
of road infrastructure assets within the management scope from the local
authorities to ministries and central authorities or to other local authorities
stipulated in point b, Clause 2 of Article 22 and point b, Clause 5 of Article
24 of Decree No. 44/2024/ND-CP. Chairpersons of People's Committees of
provinces shall assign or transfer road infrastructure assets within the
management scope from a local authority to a ministry and central authority or
to another local authority, which is the representative of the owner of the
enterprise stipulated in point a, Clause 3 of Article 26 of Decree No.
44/2024/ND-CP.
Procedures for deciding
to assign or transfer road infrastructure assets, materials, and supplies
recovered from the liquidation of road infrastructure assets shall comply with
Clause 3 Article 22, point b Clause 5 Article 24 of Decree No. 44/2024/ND-CP,
without having to send a report to the Minister of Finance for consideration,
approval of decision on transfer or assignment of road infrastructure assets, materials,
and supplies recovered from the liquidation of road infrastructure assets as
prescribed in point b Clause 3 Article 22, point b2 Clause 5 Article 24, and
point a Clause 3 Article 26 of Decree No. 44/2018/ND-CP.
Article
8. Management, utilization, and exploitation of market infrastructure assets
Chairpersons of People's
Committees of provinces shall approve schemes to lease rights to utilize market
infrastructure assets relevant to national defense and security stipulated in
Point c, Clause 2, Article 24 and Point b, Clause 2, Article 25 of Government’s
Decree No. 60/2024/ND-CP dated June 5, 2024 on development and management of
markets without having to send a report to the Prime Minister of Vietnam
for approval.
Article
9. Management, utilization, and exploitation of irrigation infrastructure
assets
1. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
assign or transfer irrigation infrastructure assets within the management scope
relevant to national defense and security stipulated in Clause 3, Article 1 of
Government’s Decree No. 08/2025/ND-CP dated January 9, 2025 on management,
utilization, and exploitation of irrigation infrastructure assets (hereinafter
referred to as “Decree No. 08/2025/ND-CP”).
2. Chairpersons of
People's Committees of provinces shall decide to transfer or assign irrigation
infrastructure assets specified in point a Clause 2 Article 22 of Decree No.
08/2025/ND-CP.
3. Procedures for
deciding to assign or transfer irrigation infrastructure assets stipulated in
Clauses 1 and 2 of this Article shall comply with Clauses 3 and 4,
Article 22 of Decree No. 08/2025/ND-CP without having to send a report to
the Minister of Finance for consideration and decision as prescribed in
point b Clause 3, point b Clause 4 of Article 22 of Decree No. 08/2025/ND-CP.
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1. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
approve schemes for exploitation of inland waterway infrastructure assets
within the management scope relevant to national defense and security
stipulated in point a Clause 3, Article 13 of Government’s Decree No.
12/2025/ND-CP dated January 20, 2025 on management, utilization, and
exploitation of inland waterway infrastructure assets (hereinafter referred to
as “Decree No. 12/2025/ND-CP”).
Procedures for approving
the schemes on exploitation of inland waterway infrastructure assets relevant
to national defense and security stipulated in point a Clause 3, Article 13 of
Decree No. 12/2025/ND- CP shall comply with Article 13 of Decree No.
12/2025/ND- CP without having to send a report to the Minister of
Finance for approval as prescribed in point d, Clause 3, Article 13, Decree No.
12/2025/ND-CP.
2. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
use existing inland waterway infrastructure assets within the management scope
relevant to national defense and security to participate in PPP investment
projects specified in point a Clause 2 Article 25 of Decree No. 12/2025/ND-CP.
Procedures for approving
the schemes on use of existing inland waterway infrastructure assets within the
management scope relevant to national defense and security to participate in
PPP investment projects stipulated in point a Clause 2, Article 25 of Decree
No. 12/2025/ND- CP shall comply with Clause 3 Article 25 of Decree No.
12/2025/ND- CP without having to send a report to the Prime Minister of Vietnam
for approval as prescribed in point b, Clause 3, Article 25, Decree No.
12/2025/ND-CP.
3. Chairpersons of
People's Committees of provinces shall decide to transfer or assign inland
waterway infrastructure assets within the management scope specified in
point a Clause 2 Article 22 of Decree No. 08/2025/ND-CP.
Procedures for assignment
or transfer shall comply with Clause 3 Article 20 of Decree No. 12/2025/ND-CP
without having to send a report to the Minister of Finance for consideration
and decision as prescribed in point b Clause 3 Article 20 of Decree No.
12/2025/ND-CP.
4. Chairpersons of
People's Committees of provinces shall decide to transfer or assign materials
repossessed from liquidation of inland waterway infrastructure assets under the
management to another province or centrally affiliated city specified in point
a Clause 2 Article 22 of Decree No. 08/2025/ND-CP.
Procedures for assignment
of transfer of materials repossessed from liquidation of inland waterway
infrastructure assets stipulated in Clause 7 Article 22 of Decree No.
12/2025/ND-CP without having to send a written request to the Minister of
Finance as prescribed in point d Clause 7 Article 22 of Decree No.
12/2025/ND-CP.
Article
11. Management, utilization, and exploitation of railroad infrastructure assets
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Procedures for deciding
to change the form of assigning national railway infrastructure assets from not
being recorded to being recorded as state capital at enterprises shall comply
with Clause 2 Article 7 of Decree No. 15/2025/ND-CP without having to send a
report to the Prime Minister for consideration and decision as prescribed in
Clause 4 Article 7 of Decree No. 15/2025/ND-CP.
2. The Minister of
Construction, chairpersons of People's Committees of provinces shall approve
schemes for railway infrastructure asset exploitation relevant to national defense
and security stipulated in point a Clause 3 Article 16 and point a Clause 3
Article 33 of the Decree No. 15/2025/ND-CP.
Procedures for preparing,
approving schemes for railway infrastructure asset exploitation relevant to
national defense and security shall comply with point b Clause 3 Article 16 and
point b Clause 3 Article 33 of the Decree No. 15/2025/ND-CP without having to
send a report to the Prime Minister for approval as prescribed in point c
Clause 3 Article 16 and point c Clause 3 Article 33 of the Decree No.
15/2025/ND-CP
3. The Minister of
Construction shall decide to use existing railway infrastructure assets to
participate in PPP investment projects specified in point a Clause 2 Article 28
and point a Clause 2 Article 44 of Decree No. 15/2025/ND-CP.
Procedures for deciding
to use existing railway infrastructure assets to participate in PPP investment
projects shall comply with point a, Clause 3, Article 28 and point a, Clause 3,
Article 44 of Decree No. 15/2025/ND-CP without having to send a report to the
Prime Minister for approval as prescribed in point b Clause 3 Article 28 and
point b Clause 3 Article 44 of the Decree No. 15/2025/ND-CP
4. Chairpersons of
People's Committees of provinces shall decide to transfer or assign railway
infrastructure assets specified in point a Clause 2 Article 39 of Decree No.
15/2025/ND-CP.
Procedures for assignment
or transfer of railway infrastructure assets shall comply with point a, Clause
3, Article 39 of Decree No. 15/2025/ND-CP without having to send a report to
the Minister of Finance to consideration and decision as prescribed in point b
Clause 3 Article 39 of Decree No. 15/2025/ND-CP.
5. Chairpersons of
People's Committees of provinces shall decide to assign or transfer materials repossessed
from liquidation of railway infrastructure assets under management from the
local authorities to ministries and central authorities or to other local
authorities stipulated in point a, Clause 7 of Article 41 of Decree No.
15/2025/ND-CP.
Procedures for assignment
or transfer of materials repossessed from liquidation of railway infrastructure
assets shall comply with point b, Clause 7, Article 41 of Decree No.
15/2025/ND-CP without having to send a report to the Minister of Finance for
consideration and decision as prescribed in point d Clause 7 Article 41 of
Decree No. 15/2025/ND-CP.
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1. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
approve schemes for exploitation of maritime infrastructure assets
within the management scope relevant to national defense and security
stipulated in point a Clause 3, Article 13 and point a Clause 5, Article 14
of Decree No. 84/2025/ND-CP dated April 4, 2025 on management,
utilization, and exploitation of maritime infrastructure assets (hereinafter
referred to as “Decree No. 84/2025/ND-CP”).
Procedures for approving
schemes for exploitation of maritime infrastructure assets shall comply with
Clause 3, Article 13 and Clause 6, Article 14 of Decree No. 84/2025/ND-CP
without having to send a report to the Minister of Finance for approval as
prescribed in point c Clause 3 Article 13 and of Clause 7 Article 14 of
Decree No. 84/2025/ND-CP.
2. The Minister of
Construction, chairpersons of People's Committees of provinces shall decide to
use existing maritime infrastructure assets within the management scope
relevant to national defense and security to participate in PPP investment
projects specified in point a Clause 2 Article 26 of Decree No. 84/2025/ND-CP.
Procedures for deciding
to use existing maritime infrastructure assets to participate in PPP investment
projects shall comply with Clause 3, Article 26 of Decree No. 84/2025/ND-CP
without having to send a report to the Prime Minister for decision on use of
existing maritime infrastructure assets as prescribed in point b, Clause 3,
Article 26 of Decree No. 84/2025/ND-CP.
3. Chairpersons of
People's Committees of provinces shall decide to transfer or assign maritime
infrastructure assets specified in point a Clause 2 Article 20 and point a
Clause 3 Article 24 of Decree No. 84/2025/ND-CP.
Procedures for assignment
or transfer of maritime infrastructure assets shall comply with Clause 3,
Article 20 of Decree No. 84/2025/ND-CP without having to send a report to the
Minister of Finance to consideration and decision as prescribed in point b
Clause 3 Article 20 and Clause 3 Article 24 of Decree No. 84/2025/ND-CP.
4. Chairpersons of
People's Committees of provinces shall decide to assign or transfer materials
repossessed from liquidation of maritime infrastructure assets under management
from the local authorities to ministries and central authorities or to other
local authorities stipulated in point a, Clause 7 of Article 22 of Decree No.
84/2025/ND-CP.
Procedures for assignment
or transfer of materials repossessed from liquidation of maritime
infrastructure assets shall comply with Clause 7, Article 22 of Decree No.
84/2025/ND-CP without having to send a report to the Minister of Finance for
consideration and decision as prescribed in point d Clause 7 Article 22 of
Decree No. 84/2025/ND-CP.
Article
13. Management, utilization, and exploitation of clean water supply
infrastructure assets
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2. Procedures for
assignment or transfer of clean water supply infrastructure assets shall comply
with Clause 5, Article 19 of Decree No. 43/2022/ND-CP without having to send a
report to the Minister of Finance to consideration and decision as prescribed
in point e Clause 5 Article 19 of Decree No. 43/2022/ND-CP.
Chapter
IV
DELEGATION
OF STATE MANAGEMENT IN ESTABLISHMENT OF ENTIRE-PEOPLE OWNERSHIP AND DISPOSITION
OF PROPERTY UNDER ENTIRE-PEOPLE OWNERSHIP
Article
14. Establishment of entire-people ownership and disposition of property under
entire-people ownership
1. Chairpersons of
People's Committees of provinces shall decide to approve plans for disposition
of assignment or transfer from local authorities to ministries, central
authorities or between local authorities for property which are exhibits and
equipment used for committing administrative violations stipulated in Clause 1
Article 10 of Government’s Decree No. 77/2025/ND-CP dated April 01, 2025 on
authority and procedures for establishment of entire-people ownership and
disposition of property under entire-people ownership (hereinafter referred to
as “Decree No. 77/2025/ND-CP).
Procedures for preparing
and approving plans for disposition of assignment or transfer from local
authorities to ministries, central authorities or between local authorities for
property which are exhibits and equipment used for committing administrative
violations in the case where the disposition plan is established in accordance
with point b, Clause 4, Clause 5, Article 11, Decree No. 77/2025/ND-CP without
having to send a report to the Minister of Finance to consideration and
approval as prescribed in point b, Clause 4 and Clause 5, Article 11 of Decree
No. 77/2025/ND-CP.
2. Chairpersons of
People's Committees of provinces shall decide to approve plans for disposition
of assignment or transfer from local authorities to ministries, central
authorities or between local authorities for property which are confiscated
property that is exhibits or convict’s property in accordance with Clause 1
Article 20 of the Decree No. 77/2025/ND-CP.
Procedures for preparing
and approving plans for disposition of assignment or transfer from local
authorities to ministries, central authorities or between local authorities for
confiscated property that is exhibits or convict’s property in the case where
there is a judgment enforcement authority's decision in accordance with Article
21, Decree No. 77/2025/ND-CP without having to send a report to the Minister of
Finance to consideration and approval as prescribed in points c and d, Clause
1, Article 21 of Decree No. 77/2025/ND-CP.
3. Chairpersons of
People's Committees of provinces shall decide to approve plans for disposition
of assignment or transfer from local authorities to ministries, central
authorities or between local authorities for property which are confiscated
property that is exhibits or convict’s property in accordance with Clause 1
Article 20 of the Decree No. 77/2025/ND-CP.
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4. Ministers, heads of
central authorities shall decide to approve the disposition plan for dedication
through ministries or central authorities in accordance with Clause 1, Article
47 of Decree No. 77/2025/ND-CP.
Procedures for
formulating and approving the disposition plan for dedication through
ministries or central authorities, in case where the disposition plan is
prepared by a public property management agency, shall comply with Article 48
of Decree No. 77/2025/ND- CP without having to send a report to Prime Minister
of Vietnam for consideration and approval in accordance with point b Clause 4,
Clause 5 of Decree No. 77/2025/ND-CP.
5. Chairpersons of
People’s Committees of provinces shall approve the disposition plan for
dedication (including assignment or transfer from local authorities to
ministries or central authorities, or between local authorities) in accordance
with Clauses 1 and 2 Article 47 of Decree No. 77/2025/ND-CP.
Procedures for
formulating and approving the disposition plan for dedication through local
authorities, in case where the disposition plan is prepared by a public
property management agency, shall comply with Article 48 of Decree No.
77/2025/ND- CP without having to send a report to Prime Minister of Vietnam for
consideration and approval in accordance with point b Clause 4, Clause 5 of
Decree No. 77/2025/ND-CP.
6. Ministers, heads of
central authorities shall decide to approve plans for disposition of property
non-reimbursable transferred to the State of Vietnam by foreign-invested
enterprises through ministries or central authorities upon commitment after the
termination of their operation period in accordance with Clause 1, Article 55
of Decree No. 77/2025/ND-CP.
Procedures for preparation
and approval of the disposition plan for property non-reimbursably transferred
to the State of Vietnam by foreign-invested enterprises through ministries or
central authorities upon commitment after the termination of their operation
period shall comply with Article 56 and Article 57 of Decree No. 77/2025/ND-CP
without having to send a report to Prime Minister of Vietnam for consideration
and approval in accordance with point b Clause 4 and Clause 5, Article 56, and
Point b, Clause 2 and Clause 3, Article 57 of Decree No. 77/2025/ND-CP.
7. Chairpersons of
People’s Committees of provinces shall approve the disposition plan for
property non-reimbursably transferred to the State of Vietnam by
foreign-invested enterprises through ministries or central authorities upon
commitment after the termination of their operation period (including
assignment or transfer from local authorities to ministries or central
authorities, or between local authorities) in accordance with Clauses 1 and 2
Article 55 of Decree No. 77/2025/ND-CP.
Procedures for
preparation and approval of the disposition plan for property non-reimbursably
transferred to the State of Vietnam by foreign-invested enterprises through
ministries or central authorities upon commitment after the termination of
their operation period shall comply with Article 56 and Article 57 of Decree
No. 77/2025/ND-CP without having to send a report to Prime Minister of Vietnam,
Minister of Finance for consideration and approval in accordance with point b
Clause 4 and Clause 5, Article 56, and Point b, Clause 2 and Clause 3, Article
57 of Decree No. 77/2025/ND-CP.
8. Ministers, heads of
central authorities shall approve the disposition plan for property invested
through PPP in the case where the contracting authority is under central
management in accordance with Clause 1 Article 63 of Decree No. 77/2025/ND-CP.
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9. Chairpersons of
People's Committees of provinces shall approve the disposition plan (including
assignment or transfer from local authorities to ministries or central
authorities, or between local authorities) for property invested through PPP in
the case where the contracting authority is under management of provinces
in accordance with Clauses 1 and 2 Article 63 of Decree No. 77/2025/ND-CP.
Procedures for
preparation and approval of the disposition plan for property invested under
BOT/BLT contracts shall comply with Article 65 and Article 66 of Decree No.
77/2025/ND-CP without having to send a report to Prime Minister of Vietnam,
Minister of Finance for consideration and approval in accordance with point b
Clause 4 and Clause 5, Article 65 and Point b, Clause 2 and Clause 3, Article
66 of Decree No. 77/2025/ND-CP.
10. Chairpersons of
People’s Committees of provinces shall approve the disposition plan (including
assignment or transfer from local authorities to ministries or central
authorities, or between local authorities) for buried, hidden, covered, or
sunken property for which entire-people ownership has been established in
accordance with Clauses 1 and 2 Article 47 of Decree No. 77/2025/ND-CP.
Procedures for
preparation and approval of the disposition plan for buried, hidden, covered,
or sunken property shall comply with Article 81 of Decree No. 77/2025/ND-CP
without having to send a report to Prime Minister of Vietnam, Minister of
Finance for consideration and approval in accordance with point b Clause 2 and
Clause 3, Article 81 of Decree No. 77/2025/ND-CP.
11. The Minister of
Finance shall approve the disposition plan for specimen of endangered,
precious, and rare species of wild fauna in accordance with Clause 3 Article
104 of Decree No. 77/2025/ND-CP.
Procedures for
preparation and approval of the disposition plan for specimen of endangered,
precious, and rare species of wild fauna shall comply with Clause 3 Article 104
of Decree No. 77/2025/ND-CP without having to send a report to Prime Minister
of Vietnam in accordance with Clause 3 Article 104 of Decree No. 77/2025/ND-CP.
12. The Minister of
Finance, chairpersons of People’s Committees of provinces shall approve the
disposition plan for specimen of endangered, precious, and rare species of
endangered species of wild fauna in accordance with Clause 4 Article 104 of
Decree No. 77/2025/ND-CP.
Procedures for
preparation and approval of the disposition plan for specimen of endangered,
precious, and rare species of wild fauna shall comply with Clause 4 Article 104
of Decree No. 77/2025/ND-CP without having to send a report to Prime Minister
of Vietnam, Minister of Finance for consideration and approval in accordance
with Clauses 3 and 4 Article 104 of Decree No. 77/2025/ND-CP.
Chapter
V
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Article
15. Effect
1. This Decree shall come
into force from July 1, 2025 to February 28, 2027. In case of extending the
application period of this Decree, ministries and central authorities shall
report to the Government of Vietnam to propose to the National Assembly of
Vietnam for consideration and decision.
2. In cases where the
regulations on authority, state management responsibilities, and procedures in
this Decree differ from those in other relevant legislative documents, the
provisions of this Decree shall be applicable, except for the provisions in
Clause 3 of this Article.
3. Laws, resolutions of
the National Assembly, ordinances, resolutions of the Standing Committee of the
National Assembly of Vietnam, decrees, resolutions of the Government of Vietnam,
decisions of the Prime Minister of Vietnam on authority, state management
responsibilities, and procedures which are passed or promulgated from July 1,
2025 and come into force before March 1, 2027, the corresponding provisions in
this Decree shall cease to be in force from the effective date of those
legislative documents.
Article
16. Transition clauses
1. Tasks that are
currently being delegated to handle by competent persons or agencies and have
been partially implemented but not completed before the effective date of this
Decree shall be transferred entirely, including all documents, materials, and
results achieved to the delegated agencies, organizations, units, or persons
for further execution and resolution in accordance with the authorities stipulated
in this Decree.
2. Documents and
decisions that have been delegated to issue by competent persons or agencies
before the effective date of this Decree and are still in effect or have not
expired shall be applied until the expiration date indicated on such documents
and decisions.
3. Delegated agencies and
persons, upon receiving the function and state management responsibilities
within the scope of state management of the Ministry of Finance, shall:
a) Review the assigned
tasks specified in this Decree to amend, supplement, and announce Decisions on
the list of administrative procedures under their jurisdiction; facilitate
administrative procedures after delegation.
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Article
17. Implementation
Ministers, heads of
central authorities, Chairpersons of People’s Committees of provinces and
centrally-affiliated cities, other relevant agencies, organizations, unit, and
enterprises are responsible for implementation of this Decree.
ON BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Hoa Binh