Chương I Nghị định 167/2017/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

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:

a) Bodies include: Regulatory bodies, people’s armed forces, public sector entities, agencies of the Communist Party of Vietnam, socio-political organizations; socio-political-professional organizations, social organizations, socio-professional organizations, and other organizations established as prescribed in laws and regulations on associations;

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.

2. The disposition of public property shall comply with the provisions of the Law on Management and Use of Public Property and the relevant law.

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.