'The public-private partnership model is not applicable when constructing government headquarters.'

(Baonghean.vn) - Continuing the work program of the 2nd Session, on the morning of October 31st, under the chairmanship of Ms. Giang Pao My - Member of the Central Committee of the Party, Head of the National Assembly Delegation of Lai Chau province, National Assembly delegates from 4 provinces including Tra Vinh, Hoa Binh, Lai Chau and Nghe An discussed in groups the Draft Law on the Management and Use of State Assets (amended).

Second session of the 14th National Assembly.

The delegates unanimously agreed that a centralized administrative area is a complex of offices planned and built in a concentrated area to accommodate multiple agencies, organizations, and units. They also agreed with the draft law to continue maintaining the current decentralized model of office building management, but requested a review and addition of regulations on measures and sanctions for agencies and units that misuse office buildings, make wasteful investments, or use buildings that are not in line with their intended function and needs.

In cases where the state budget allocated for office building investment is insufficient, the public-private partnership (PPP) model may be applied to mobilize social resources alongside the State to invest in and satisfy the need for office buildings to serve state management.

Comments on the draft law suggest that the construction of office buildings can be invested in through a public-private partnership (PPP) model. However, according to Representative Ho Duc Phoc, Auditor General (representative from Nghe An province), this provision should be removed from the draft.

"I fear that this regulation will be easily exploited and become unsafe in the future. Imagine a state agency as a family. We build our own house; if we invite others to build it and then share a part of it with them, living together, I fear that the dignity and confidentiality of a state agency's headquarters will not be guaranteed, and it will be exploited later. Some prime land plots are starting to attract businesses to invest, so that state agencies might have 2 or 3 floors, while 6 or 7 floors are sold off to outsiders. It's not impossible that officials with authority will exploit this for their own benefit," Mr. Phớc expressed.

Delegate Ho Duc Phuoc speaks at the discussion session.

The delegate argued that, for a state headquarters, the public-private partnership model should not be applied, meaning "build big if you have money, build small if you don't" to ensure the stable operation of state agencies.

State Auditor General Ho Duc Phoc also proposed removing provisions that allow state agencies to rent out offices, headquarters, meeting halls, vehicles, etc.

"I think it shouldn't be done, because doing so would be prioritizing profit. When prioritizing profit, if the project is supposed to have only two floors, they'll create a five-story estimate, or if it's supposed to be 2,000 square meters."²but the estimate is for 5,000 m²²"It's for renting out. But if we rent it out, how will we use this money later? It won't be safe during the rental period," Mr. Phuoc stated.

The representative from Nghe An province also shared his views on "what constitutes state property?". Mr. Phoc stated that, regarding BOT projects, when the State Audit Office conducted audits of some projects, both the Ministry of Planning and Investment and the Ministry of Transport issued documents opposing the audit, arguing that these were private assets, not public assets.

Accordingly, BOT toll stations are privately invested in and are only recognized as public assets after their expiration, which means after 20 or 22 years, depending on the contract.

"We disagree. This is an asset serving the public interest, designated by the State to be handled by a private company and reimbursed through the right to collect fees, so it must be classified as a State asset. Secondly, the fees collected according to Circular 15 of the Ministry of Finance are under State management. Auditors have the right to audit. This is a concept that I believe needs to be supplemented and considered in the future," the State Auditor General stated.

Regarding the regulation on community-supervised management and use of public assets in Clause 1, Article 9, according to Representative Nguyen Thanh Hien, the organization of supervision and the composition of participating supervisors are not clearly defined in the law, making implementation difficult and lacking practicality. Currently, there are only regulations on community investment supervision, and no regulations on community supervision for other areas such as the management and use of public assets. Therefore, it is suggested that the drafting committee research and clearly define this issue...

Regarding Clause 3, Article 31, the delegate suggested that the drafting committee consider removing this content. This is because the regulation as drafted would be difficult to apply in practice, would not foster proactiveness in the unit's operations, would create difficulties in equipping agencies with necessary equipment, and would lead to cumbersome administrative procedures when purchasing public assets.

Regarding the exploitation and use of assets at public non-business units for leasing or service business purposes in Articles 54 and 55, delegates suggested that the drafting committee should research and consider not regulating the use of assets at public non-business units for leasing or service business purposes, except in necessary cases considered by the competent authority. For assets that are not used to their full capacity, a report must be submitted to the competent authority, and the relevant agency is responsible for coordinating to ensure the efficient use of public assets in administrative and non-business agencies.

Previously, presenting the draft Law to the National Assembly, Minister of Finance Dinh Tien Dung affirmed that the draft Law was built on the most general principles in the management and use of public assets, comprehensively covering the scope, subjects, and content related to the management and use of public assets; inheriting current provisions that are still appropriate, have been implemented stably and effectively in practice; amending provisions that are no longer suitable to reality and management requirements in the new situation; and distinguishing between public assets serving management and public service provision, public assets serving national interests and public interests, and public assets serving production and business.

Duong Gim - Diep Anh