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After merging many ministries and departments, how will public assets be handled?

Tran Thuong March 3, 2025 10:49

The Government recently issued Decree No. 50 amending and supplementing a number of articles of the decrees detailing a number of articles of the Law on Management and Use of Public Assets.

Accordingly, state agencies that are subject to mergers, consolidations, separations, dissolutions, and terminations of operations are responsible for conducting inventories and classifying assets under the management and use of the agency; and are responsible for handling assets discovered to be in excess/deficient through inventory in accordance with the provisions of law.

For assets that do not belong to the agency (assets kept on behalf of others, borrowed assets, rented assets of other organizations or individuals...), the state agency shall handle them according to the provisions of relevant laws.

W-Bo Nong nghiep PTNT.jpg
Headquarters of the Ministry of Agriculture and Rural Development. Photo: Duc Anh

In case of merger or consolidation (including the establishment of new agencies or units on the basis of reorganizing existing agencies or units), the legal entity after the merger or consolidation shall inherit the right to manage and use the assets of the merged or consolidated agency and shall be responsible for arranging the use of assets according to standards and norms for the use of public assets; and shall manage and use public assets according to the provisions of law.

In addition, it is necessary to identify surplus assets (no longer needed for use according to the functions, tasks, and new organizational structure) or those that must be handled according to the provisions of the law and this Decree to prepare a dossier, report to the competent authority or person for consideration and decision on handling according to the provisions of law. Continue to implement the unfinished contents for assets that have been decided to be handled by the competent authority or person before the merger or consolidation, but by the time of the merger or consolidation, the merged or consolidated state agency has not yet completed the handling.

In case of separation, the state agency subject to separation is responsible for preparing a plan to divide existing assets and assign responsibility for handling assets in the process of being handled to new legal entities after separation, and reporting to the agency or person with authority to decide on separation for approval.

After completing the separation, the new legal entities are responsible for arranging the use of assets according to standards and norms for asset use and completing the handling of assets in the process of handling according to assigned responsibilities. For surplus assets or assets that must be handled according to the provisions of the law and this decree, the new legal entities are responsible for preparing records, reporting to the competent authority or person for consideration and decision on handling according to regulations.

In case of termination of operations or transfer of functions and tasks to other agencies, organizations and units, based on the policy of the agency or competent person, the state agency whose operations are terminated shall preside over and coordinate with the agencies, organizations and units receiving the functions and tasks to develop a plan for asset division in accordance with the transferred tasks and the actual status of the assets to be incorporated into the project/plan for organizational arrangement; submit to the competent agency or person for approval.

In case of dissolution or termination of operations that are not within the scope of regulations, after the decision to dissolve or terminate the operations of the agency or competent person is made, the dissolved or terminated state agency is responsible for handing over assets to the superior management agency or another agency assigned to receive the assets.

The agency assigned to receive assets is responsible for basing on the provisions of the law and this decree to prepare a report to the competent authority or person for consideration and decision on handling, on that basis organizing the handling of assets according to regulations.

For assets that have been decided to be handled by the competent authority or person before dissolution or termination of operation, but by the time of dissolution or termination of operation, the dissolved state agency or termination of operation has not completed the handling, the agency assigned to receive the assets is responsible for continuing to carry out the unfinished contents.

According to vietnamnet.vn
https://vietnamnet.vn/sau-hop-nhat-nhieu-bo-so-nganh-tai-san-cong-se-xu-ly-sao-2376736.html
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