Chương IV Nghị định 167/2017/NĐ-CP: Tổ chức thực hiện

Chapter IV

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.

2. Where a body or enterprise fails to make declarations or fail to implement the disposition plan already approved by competent authorities, depending on the nature and seriousness of their violations, the body or enterprise shall not be approved by competent authority related to investment, renovation and upgrading of working offices, public sector establishments and procurement of assets; state treasuries shall be allowed to stop payment of expenses for construction investment, upgrading or renovation of working offices, public sector establishments and asset procurement for infringing property.

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;

d) The Prime Minister's Decision No. 86/2010/QD-TTg dated December 22, 2010, on financial regulations for relocation of polluting facilities and relocated facilities under planning urban construction;

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.

4. A body or enterprise directly managing and using public property shall:

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./.