New Decree on decentralization of management authority in the field of public asset management and use
Decree 127/2025/ND-CP was recently issued by the Government on June 11, 2025, regulating the decentralization of state management authority in the field of management and use of public assets.
The Decree specifically regulates the decentralization of state management in the management and use of public assets at agencies, organizations and units; management, use and exploitation of infrastructure assets (aviation, road traffic, markets, irrigation, inland waterways, railways, maritime, clean water supply); establishment of public ownership of assets and handling of assets for which public ownership has been established.
Management, use and handling of public assets at agencies, organizations and units
Decree 127/2025/ND-CP clearly states: The Chairman of the Provincial People's Committee decides to transfer public assets at agencies, organizations and units under its management to ministries, central agencies, and other localities as prescribed in Point a, Clause 1, Article 20 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Assets, amended and supplemented by Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government, Decree No. 50/2025/ND-CP dated February 28, 2025 of the Government.
The order and procedures for transferring public assets are implemented according to the provisions of Article 21 of Decree No. 151/2017/ND-CP; it is not necessary to report to the Minister of Finance for consideration and decision according to the provisions of Article 21 of Decree No. 151/2017/ND-CP.
Ministers, Heads of Central agencies, and Provincial People's Committees shall promulgate a list of specific assets under their management that must purchase insurance for storm, flood, and inundation risks and a roadmap for implementation as prescribed in Clause 2, Article 135 of Decree No. 151/2017/ND-CP.
The Chairman of the Provincial People's Committee decides to transfer public assets at agencies, organizations and units under its management to the People's Armed Forces units specified in Point b, Clause 2, Article 59 of Decree No. 151/2017/ND-CP. The order and procedures for transferring public assets shall comply with the provisions of Article 21 of Decree No. 151/2017/ND-CP; it is not necessary to report to the Minister of Finance for consideration and decision according to the provisions of Article 21 of Decree No. 151/2017/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the plan to transfer project assets under local management to other central or local agencies, organizations, units and projects under management as prescribed in Point a, Clause 2, Article 92 of Decree No. 151/2017/ND-CP.
In this case, the order and procedures for approving the implementation plan shall comply with the provisions of Article 93 of Decree No. 151/2017/ND-CP; it is not necessary to request the agency assigned to perform the task of managing public assets as prescribed in Clause 1, Article 19 of the Law on Management and Use of Public Assets. The Minister of Finance shall consider and decide on the provisions of Point d, Point dd, Clause 1, Article 93 of Decree No. 151/2017/ND-CP.
Establishing public ownership of property
Also according to Decree 127/2025/ND-CP, the Chairman of the Provincial People's Committee decides to approve the handling plan in the form of transfer from the locality to the ministry, central agency or between localities for assets that areexhibits and means of administrative violationsconfiscated as prescribed in Clause 1, Article 10 of Decree No. 77/2025/ND-CP dated April 1, 2025 of the Government stipulating the authority and procedures for establishing the entire people's ownership of property and handling of property for which the entire people's ownership is established.
The Chairman of the Provincial People's Committee decides to approve the handling plan in the form of transfer from the locality to the ministry, central agency or between localities for assets that arecase evidence, property of the convicted personconfiscated as prescribed in Clause 1, Article 20 of Decree No. 77/2025/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the handling plan in the form of transfer from the locality to the ministry, central agency or between localities for assets that areownerless property, lost or abandoned property, inheritance without heirsprescribed in Clause 1, Article 31 of Decree No. 77/2025/ND-CP.
The Minister and Head of the central agency decide to approve the handling plan forAssets whose owners voluntarily transfer ownership to the Vietnamese State through ministries and central agenciesprescribed in Clause 1, Article 47 of Decree No. 77/2025/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the handling plan (including the handling plan in the form of transfer from the locality to the ministry, central agency or between localities) forProperty whose owner voluntarily transfers ownership to the Vietnamese State through local authoritiesprescribed in Clause 1 and Clause 2, Article 47 of Decree No. 77/2025/ND-CP.
The Minister and Head of the central agency decide to approve the handling plan forAssets transferred by foreign-invested enterprises without compensation to the Vietnamese state through ministries and central agenciesaccording to the commitment after the end of the term of operation specified in Clause 1, Article 55 of Decree No. 77/2025/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the handling plan (including the handling plan in the form of transfer from the locality to the ministry, central agency or between localities) forAssets transferred by foreign-invested enterprises without compensation to the Vietnamese state through local authoritiesaccording to the commitment after the end of the term of operation specified in Clause 1 and Clause 2, Article 55 of Decree No. 77/2025/ND-CP.
The Minister and Head of the central agency decide to approve the handling plan forAssets invested under the public-private partnership method in case the agency signing the project contract is under central managementprescribed in Clause 1, Article 63 of Decree No. 77/2025/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the handling plan (including the handling plan in the form of transfer from the locality to the ministry, central agency or between localities) forassets invested under public-private partnership modelIn case the agency signing the project contract is under the management of the locality as prescribed in Clause 1 and Clause 2, Article 63 of Decree No. 77/2025/ND-CP.
The Chairman of the Provincial People's Committee decides to approve the handling plan (including the handling plan in the form of transfer from the locality to the ministry, central agency or between localities) forBuried, hidden, buried, or sunken property is established as public ownership.prescribed in Clause 1 and Clause 2, Article 80 of Decree No. 77/2025/ND-CP.
The Minister of Finance decides to approve the handling plan for assets that are parts (specimens) of endangered, precious, and rare wild animals as prescribed in Clause 3, Article 104 of Decree No. 77/2025/ND-CP.
Ministers, Heads of central agencies, and Chairmen of provincial People's Committees decide to approve the handling plan for assets that are parts (specimens) of endangered, precious, and rare wild animals as prescribed in Clause 4, Article 104 of Decree No. 77/2025/ND-CP.
Decree 127/2025/ND-CP takes effect from July 1, 2025 to February 28, 2027. In case of extending the application period of this Decree, ministries and central agencies shall report to the Government to propose to the National Assembly for consideration and decision.
In case the provisions on authority, state management responsibilities, order and procedures in this Decree are different from relevant legal documents, the provisions in this Decree shall apply, except for the case specified in Clause 3 of this Article.
Laws, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees, resolutions of the Government, decisions of the Prime Minister containing provisions on authority, responsibility for state management, order and procedures prescribed in this Decree that are adopted or promulgated from July 1, 2025 and take effect before March 1, 2027, the corresponding provisions in this Decree shall cease to be effective at the time such legal documents take effect.