Nghị định 67/2021/ND-CP

DECREE

AMENDMENTS TO GOVERNMENT’S DECREE NO. 167/2017/ND-CP DATED DECEMBER 31, 2017 ON DISPOSITION OF PUBLIC PROPERTY

Pursuant to the Law on Government Organization dated June 19, 2015; Law on Amendments to the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

At the request of the Minister of Finance;

The Government hereby promulgates a Decree on amendments to Government’s Decree No. 167/2017/ND-CP dated December 31, 2017 on disposition of public property.

Article 1. Amendments to Government’s Decree No. 167/2017/ND-CP dated December 31, 2017 on disposition of public property

1. Point a of Clause 1, Clause 2 are amended and Clause 3 is added to Article 1 as follows:

“1. This Decree provides for disposition of public property, including:

a) Land, houses and works on land (hereinafter referred to as “property”) of agencies, organizations and units (hereinafter referred to as “bodies”) and enterprises in Clause 1 Article 2 of this Decree enterprises which are being managed or used, other than property specified in Clause 2 of this Article;

2. Property which is managed and used by the bodies and enterprises in Clause 1 Article 2 of this Decree but does not undergo disposition as prescribed in this Decree includes:

a) Property leased, sub-leased, contributed as capital, kept for custody, or borrowed from other entities and other property not owned by any bodies or enterprises;

b) Land (including property on land (if any) under the management of communal People’s Committees and Chairmen/Chairwomen of communal People’s Committees as prescribed by the law on land;

c) Land and property on land which are managed and used by the bodies and enterprises in Clause 1 Article 2 of this Decree and to which the forfeiture decision has been issued as prescribed by the law on land;

d) Land and property on land to which the forfeiture decision has been issued and which has been allocated to the Land Fund Development Organization or communal People’s Committees for managerial purposes in accordance with the law on land;

d) Land and property on special-use forest land, protection forest land, land of production forests being natural forests; productive forest land, agriculture and forestry land;

e) Property being products and goods of real estate investment projects as prescribed by law, except for the part of property in the project which has been identified and recorded as fixed assets of enterprises;

g) Land (including land within safety perimeters of works), houses and works on land which are road, railway, inland waterway, maritime, civil aviation, irrigation and dike infrastructures, water supply systems, drainage systems, waste treatment systems, electrical conduction systems (including power stations), petroleum and gas piping systems, communications systems, markets;

h) Land, houses and works on land within industrial parks, industrial clusters, hi-tech zones and export-processing zones (except working offices and public service establishments of bodies and enterprises in Clause 1 Article 2 of this Decree);

i) Land and works on land for cemeteries, graveyards, funeral parlours and crematoria; land with rivers, streams, canals, springs and specialized water surface; land with inland water surface; land with coastal water surface; riparian and coastal alluvial land; land with historical-cultural relics or scenic landscape; land for community activities or public entertainment and recreation and other public works managed by the State;

k) Property of enterprises that are undergoing dissolution or bankruptcy;

l) Property formed by sources of enterprises’ welfare funds;

m) Property belonging to social housing and relocation housing funds; land received from commercial housing development projects and urban development projects and returned to the State under regulations of law;

n) Property of commercial banks under compulsory acquisition or compulsory transfer by the State Bank of Vietnam under the Law on Credit Institutions and decisions of competent authorities.

3. The management, use and disposition of property specified in Clause 2 of this Article shall comply with regulations of law on land, housing and enterprises and relevant regulations of law.”

2. Point b is amended, and Point c is added to Clause 1 of Article 2 as follows:

“1. Entities undergoing disposition of property

b) Enterprises, including:

b1) Class I enterprises which are state-owned economic groups, corporations and independent companies 100% of charter capital of which is held by Ministries, ministerial agencies, governmental agencies, National Assembly’s Office, President’s Office, State Audit Office of Vietnam, Supreme People’s Court, People’s Supreme Procuracy, Vietnam Bank for Social Policies, Vietnam National University - Hanoi, Vietnam National University - Ho Chi Minh City, Provincial People's Committees, socio-political organizations, socio-political-professional organizations; joint-stock companies and multiple-member limited liability companies over 50% of charter capital of which is contributed by ministries, ministerial agencies, governmental agencies, Vietnam Bank for Social Policies, Vietnam National University - Hanoi, Vietnam National University - Ho Chi Minh City, provincial People's Committees, socio-political organizations, socio-political-professional organizations;

b2) Class II enterprises which are enterprises which have contributed capital of Class I enterprises in b1 of this Point: the percentage of state capital in Class I enterprises multiplied by (x) the percentage of capital contributed by Class I enterprises to Class II enterprises is over 50% of the charter capital;

b3) Class III enterprises which are enterprises which have contributed capital of Class II enterprises in b2 of this Point: the percentage of state capital in Class I enterprises multiplied by (x) the percentage of capital contributed by Class I enterprises to Class II enterprises multiplied by the percentage of capital contributed by Class II enterprises to Class III enterprises is over 50% of the charter capital;

c) Regarding the enterprises other than those specified in Point b of this Clause, the management and use of property shall comply with regulations of law on land, housing and enterprises and relevant regulations of law.”

3. Clause 5 is added to Article 3 as follows:

“5. The management and use of proceeds from the sale of property on land, transfer of land use rights and land repurposing, compensations and assistance (if any) shall comply with regulations of this Decree and relevant regulations of law. If a body or enterprise directly managing and using property receives assistance from an organization or individual in the form of cash (apart from the proceeds from the sale of property on land, transfer of land use rights and land repurposing, compensations and assistance determined as prescribed by law), the body or enterprise shall pay it to the state budget in accordance with regulations of law on state budget.”

4. Points a and b Clause 2 of Article 4 are amended as follows:

“2. Responsibility for preparing a property disposition plan:

a) Ministries, ministerial agencies, governmental agencies, Office of the Party Central Committee, National Assembly’s Office, President’s Office, State Audit Office of Vietnam, Supreme People’s Court, People’s Supreme Procuracy, central government authorities of organizations (socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations and other organizations established under regulations of law on associations), Vietnam Bank for Social Policies, Vietnam National University - Hanoi, Vietnam National University - Ho Chi Minh City (hereinafter referred to as “Ministries and central government authorities”) shall prepare property disposition plans for the bodies and enterprises specified in Clause 1 Article 2 of this Decree under their management;

b) Every provincial People’s Committee shall assign the Department of Finance to preside over and cooperate with provincial departments, provincial/municipal Party Committee Office, district-level People’s Committee and enterprises affiliated to the province shall prepare a property disposition plan for the bodies and enterprises specified in Clause 1 Article 2 of this Decree under its management;”

5. Clauses 1, 2 and 3 of Article 5 are amended as follows:

“1. Pursuant to the regulations laid down in Articles 7 through 16 of this Decree:

a) A body or enterprise directly managing and using property shall make declarations of all of its property subject to disposition as prescribed in this Decree to its supervisory authority, which will consolidate and send declarations to a competent authority for preparation of the property disposition plan as prescribed in Clause 2 Article 4 of this Decree;

b) An enterprise directly managing and using property shall make declarations of all of its property.

The Class III enterprise shall send such declarations to class II enterprise for consolidation purpose; Class II enterprise shall consolidate and send declarations (including declarations of property managed and used by Class II enterprise) to Class I enterprise for consolidation purpose; the Class I enterprise shall consolidate and send declarations (including declarations of property managed and used by the Class I enterprise) to a competent authority for preparation of the property disposition plan as prescribed in Clause 2 Article 4 of this Decree.

c) The preparation of declarations, consolidation thereof and formulation of property disposition plans as prescribed in this Clause shall be done using the Form No. 01 enclosed herewith. For property of enterprises, it is required to consolidate declarations of property by each group of Class I enterprises, Class II enterprises and Class III enterprises in Column 2 Form No. 01 enclosed herewith.

2. The inspection of the current status, formulation and approval of plans for disposition of property plans (except for property specified in Clause 3 of this Article) shall be carried out as follows:

a) The authority that has the power to prepare property disposition plans as prescribed in Clause 2 Article 4 of this Decree shall preside over inspecting current status of management and use of property and make a record using the Form No. 02 in the Appendix enclosed herewith. Regarding property classified as special property in the people's armed forces, the inspection of current status shall be conducted by the Ministry of Defense and the Ministry of Public Security;

b) On the basis of the results of current status inspection, the central government authority shall consider preparing a plan for disposition of property under its management and send it to the People's Committee of the province where the property is located to seek its opinions;

c) Within 30 days from the receipt of the property disposition plan in Point b of this Clause, the People's Committee of province where the property is located shall give its written opinion on the plan for disposition of centrally-managed property;

d) On the basis of the opinions of the provincial People’s Committee, the Ministry or central government authority shall complete the property disposition plan so as to:

- Consider approving the plan within its power specified Clause 3 Article 6 of this Decree for the property of Class II and Class III enterprises under the management of the Ministry, central government authority or provincial People's Committee. If the central government authority does not agree with opinions of the People's Committee of the province where the property is located, the central government authority shall request the Prime Minister to consider issuing a decision; the Ministry of Finance shall preside over and cooperate with related authorities (if any) in carrying out appraisal and notifying the Prime Minister.

- Send the property disposition plan to the Ministry of Finance for its consideration as prescribed in Point dd of this Clause with respect to the property of the bodies and Class I enterprises under the management of the Ministry or central government authority.

dd) The Ministry of Finance shall:

- Give its written opinion on the plan for disposition of property in the people’s armed forces; on that basis, the Ministry of National Defense and Ministry of Public Security shall complete the plan and report it to the Prime Minister for consideration and approval within his power specified in Point a Clause 1 Article 6 hereof.

- Request the Prime Minister to consider approving the property disposition plan associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree.

- Give written opinions on the property disposition plan associated with sale of property on land or transfer of land use rights within the Prime Minister’s power to give approval and decision prescribed in Clause 3 Article 11 of this Decree; on that basis, the central government authority shall complete the plan and send it to the Prime Minister for consideration and decision as prescribed in Point c Clause 1 Article 6 of this Decree.

- Consider approving the plan within the power specified in Clause 2 Article 6 of this Decree.

e) On the basis of the results of current status inspection, the Department of Finance shall consider preparing a plan for disposition of property under its management and report it to the provincial People's Committee so as for it to:

- Request the Prime Minister to consider approving the property disposition plan associated with sale of property on land or transfer of land use rights within the Prime Minister’s to give approval and decision prescribed in Point b Clause 3 Article 11 of this Decree after obtaining opinions from the Ministry of Finance.

- Consider approving the plan within the power specified in Clause 4 Article 6 of this Decree.

3. The inspection of the current conditions, formulation and approval of plans for disposition of property (except for property in the people’s armed forces affiliated to the Ministry of National Defense and Ministry of Public Security) of centrally-managed bodies and Class I enterprises in Hanoi, Ho Chi Minh, Da Nang, Can Tho and Hai Phong cities shall be carried out as follows:

a) The competent authority shall prepare a property disposition plan as prescribed in Point a Clause 2 Article 4 of this Decree for consolidation, consider preparing a plan for disposition of property of bodies and Class I enterprises under its management and send it to the Ministry of Finance;

b) The Ministry of Finance shall preside over and cooperate with authorities concerned in inspecting current status of management and use of property and make a record using the Form No. 02 in the Appendix enclosed herewith;

c) On the basis of the results of current status inspection, the Ministry of Finance shall formulate a proposed property disposition plan and send it to the People's Committee of the province where the property is located;

d) Within 30 days from the receipt of the property disposition plan in Point c of this Clause, the People's Committee of province where the property is located shall give its written opinion on the plan for disposition of centrally-managed property and send it to the Ministry of Finance so as for it to:

- Request the Prime Minister to consider approving the property disposition plan associated with property with different opinions between the Ministry of Finance and the People’s Committee of province where the property is located as prescribed in Point b Clause 1 Article 6 of this Decree.

- Give written opinions on the property disposition plan associated with sale of property on land or transfer of land use rights within the Prime Minister’s power to give approval and decision prescribed in Clause 3 Article 11 of this Decree; on that basis, the central government authority shall complete the plan and send it to the Prime Minister for consideration and decision as prescribed in Point c Clause 1 Article 6 of this Decree.

- Consider approving the plan within the power specified in Clause 2 Article 6 of this Decree.”

6. Article 6 is amended as follows:

“1. The Prime Minister shall approve a property disposition plan for:

a) Property in the people’s armed forces affiliated to the Ministry of Defense and the Ministry of Public Security;

b) Property of bodies and Class I enterprises affiliated to Ministries and central government authorities with different opinions about the property disposition plan between the Ministry of Finance and the People’s Committee of province where the property is located; property of Class II and Class III enterprises under central management with opinions of the People’s Committee of province where the property is located with which the Ministries and central government authorities do not agree;

c) Property associated with sale of property on land or transfer of land use rights as prescribed in Point b Clause 3 Article 11 of this Decree;

d) Ministries and central government authorities’ property used to make payment to the investor upon executing under a Build - Transfer contract;

dd) Property proposed to undergo disposition by applying another method prescribed in Clause 9 Article 7 of this Decree.

2. The Minister of Finance shall approve the plan for disposition of property managed by centrally-managed bodies and Class I enterprises and property (except for property specified in Clause 1 of this Article) managed by bodies and Class I enterprises under the management of a locality, but located in another locality. For property undergoing repurposing of land of Class I enterprises under central management, the Ministry of Finance give its written opinion to the provincial People's Committee in accordance with the law on land and Article 12 of this Decree.

3. Ministries and central government authorities shall approve plans for disposition of property managed by Class II and Class III enterprises under their management according to the methods mentioned in Clauses 1 through 7 Article 7 of this Decree.

4. The Chairman/Chairwoman of the provincial People’s Committee shall approve plans for disposition of property (except for property specified in Points c and dd Clauses 1 and 2 of this Article) under the management of bodies and enterprises within the province.”

7. Clause 9 of Article 7 is amended as follows:

“9. Other methods considered and decided by the Prime Minister at the request of the Ministers, heads of central government authorities and provincial People’s Committees in conformity with relevant regulations of law. The Ministry of Finance shall preside over and cooperate with Ministries, central government authorities and local authorities concerned in appraising such methods and report them to the Prime Minister for his consideration and decision.”

8. Point b Clause 3 of Article 8 is amended as follows:

“b) The body shall manage and use property in accordance with regulations of law on management and use of public property;

The enterprise shall manage and use property in accordance with regulations of law on land, enterprises and management and use of state capital in manufacturing and business activities of enterprises and relevant regulations of law.”

9. Article 9 is amended as follows:

“1. The forfeiture of property shall be applied in one of the following cases:

a) Land and property on land are forfeited for the purposes of national defense, security and socio - economic development for the national and public interests in accordance with the law on land and land allocated or leased out by the State to execute an investment project in the case of land forfeiture as prescribed in Point i Clause 1 Article 64 of the Land Law;

The power and procedures for forfeiture and provision of compensation and assistance upon land forfeiture by the State shall comply with regulations of law on land instead of the regulations of this Decree.

b) The property is the body's or enterprise's working office, public service establishment or business establishment that has not been continuously used for more than 12 months (except where procedures are being followed to execute an investment project as prescribed by law);

c) The property is used against regulations resulting in forfeiture as prescribed in Clause 2 Article 15 of this Decree;

d) The property is the body’s former working office or former public service establishment after the State allocates another working office or public service establishment or a new working office or new public service establishment is built without the competent authority’s approval for the disposition which is carried out using one of the methods prescribed in Clause 1, 3, 4, 6, 7, 8 or 9 Article 7 of this Decree.

The forfeiture shall be carried out after the new working office or new public service establishment is transferred and put into use;

dd) The property is transferred, sold, given, used for capital contribution or used as security of a civil obligation against regulations, except for property involved in a case accepted by a competent People’s Court;

e) The property has been allocated, constructed or procured but the need therefor is obviated or the use thereof is ineffective or the need therefor is reduced due to change of organizational structure, functions or duties;

g) The body or enterprise assigned to manage the property voluntarily returns it to the State;

h) Other cases prescribed by law.

2. The power to forfeit property in the cases specified in Points b, c, d, dd, e, g and h Clause 1 of this Article:

On the basis of the property disposition plan approved by the competent authority or competent person prescribed in Article 6 of this Decree:

a) The provincial People’s Committee shall issue a decision to forfeit property classified as special property or specialized property in the people’s armed forces and property at Vietnamese Communist Party’s authorities;

b) The power to forfeit property classified as special property or specialized property in the people’s armed forces is specified in Clause 2 Article 58 of the Decree No. 151/2017/ND-CP;

c) The power to forfeit property at Vietnamese Communist Party’s authorities is specified in Clause 2 Article 24 of the Decree No. 165/2017/ND-CP.

3. Contents of the forfeiture decision; transfer, receipt and disposition of property after issuance of the forfeiture decision shall comply with Articles 18 and 19 of the Decree No. 151/2017/ND-CP.

The implementation of the forfeiture decision and disposition of property classified as special property or specialized property in the people’s armed forces shall comply with Clause 3 Article 58 of the Decree No. 151/2017/ND-CP; and of property at Vietnamese Communist Party’s authorities shall comply with Clause 3 Article 24 of the Decree No. 165/2017/ND-CP.

4. Any body or enterprise whose property is forfeited shall transfer the property under the competent authority or competent person’s forfeiture decision within 90 days from the date of issuing the forfeiture decision; decrease the quantity of property and value of forfeited property.

The compensation and assistance in the case of forfeiture shall be provided as prescribed by the law on land.

The handling of capital forming forfeited property shall comply with regulations of law on enterprises and management and use of state capital in manufacturing and business activities of enterprises and relevant regulations of law.

5. Upon the expiry of the time limit specified in Clause 4 of this Article, if the body or enterprise whose property is forfeited fails to transfer property, the authority assigned to preside over implementation of the forfeiture decision shall request the provincial People’s Committee to consider carrying out coercive forfeiture of property as prescribed by law.”

10. Clause 1 of Article 10 is amended and Clauses 5, 6 and 7 are added to Article 10 as follows:

“1. The transfer of property by bodies shall be applied in the cases mentioned in Article 42 of the Law on Management and Use of Public Property and made when the recipients are determined. The transfer method shall not be applied to property managed and used by enterprises.

For the property transferred from a ministry or local authority to the Ministry of National Defense or Ministry of Public Security but has yet to be included in the plan or planning for use of land for national defense or security, the Ministry of National Defense or Ministry of Public Security shall report it to the Prime Minister for addition to such plan or planning in accordance with regulations of law on land and planning or for guidelines for addition to such plan or planning; on that basis, the competent person or competent authority shall issue a transfer decision as prescribed.

5. The power and procedures for transfer of property at Vietnamese Communist Party’s authorities are specified in the Decree No. 165/2017/ND-CP.

6. If the body or enterprise receiving the transferred property is the one specified in Clause 1 Article 2 of this Decree, such property shall be retained for continued use after the receipt. The recipient shall cooperate with local competent authorities to complete legal documentation on property, and manage and use property as prescribed in Clause 3 Article 8 hereof; is not required to make any declaration or report for approval of the property disposition plan.

7. Any body whose property is transferred shall transfer the property to the recipient under the transfer decision issued by the competent person or competent authority; decrease the quantity of property and value of transferred property instead of receiving payment for the transferred property.

The recipient shall increase the quantity and value of property in accordance with regulations of law, and manage and use property as prescribed in Clause 3 Article 8 of this Decree; the receiving enterprise shall increase its charter capital in accordance with the Law on Management and Use of State Capital in Manufacturing and Business Activities of enterprises, Law on Enterprises and relevant regulations of law.”

11. Point a of Clause 3, Clauses 4, 5 and 6, and Point a of Clause 7 are amended and Clauses 5a, 5b and 12 are added to Article 11 as follows:

“3. The Prime Minister shall consider approving the plan and issuing a decision on:

a) Sale of property on land or transfer of land use rights in the form of auction of property with the historical cost of property on land and land use right value of VND 500 billion or more per piece of centrally-managed property at the request of a Minister, head of ministerial agency, head of Governmental agency or head of another central government authority and based on the opinions of the Ministry of Finance and People’s Committee of the province where the property for sale is located.

The determination of historical cost and land use rights value used for determination of the power to decide on sale of property on land or transfer of land use rights shall comply with Clause 12 of this Article.

4. Within 30 days from the date on which the competent authority or competent person approve the plan for sale of property on land or transfer of land use rights, the Minister, head of ministerial agency, head of Governmental agency or head of another central government authority shall issue a decision on sale of property on land or transfer of land use rights in the form of auction of the property managed by the body or enterprise under its management, except for the case in Clause 3 of this Article.

5. Every Chairman/Chairwoman of the provincial People’s Committee shall issue decisions on sale of property on land or transfer of land use rights in the form of auction of the property managed by the body or enterprise within the province.

5a. The power to sell property on land or transfer land use rights with respect to property at Vietnamese Communist Party’s authorities is specified in the Decree No. 165/2017/ND-CP.

5b. The person who has the power to sell property on land or transfer land use rights prescribed in Clauses 3, 4, 5 and 5a of this Article also has the power to consider deciding to extend the time limit for implementation of the decision on sale of property on land or transfer of land use rights with the agreement of the authority or person approving the plan. Only one extension shall be allowed for a period not exceeding 24 months from the date of issuing the extension decision.

6. The sale of property on land or transfer of land use rights of bodies and enterprises in the form of auction shall comply with regulations of law on auctioning and regulations applicable to working offices of regulatory bodies prescribed in Article 24 of the Decree No. 151/2017/ND-CP. The time for determination of starting price is different from the time the decision on sale of property on land or transfer of land use rights is available, the starting price shall be determined at the time of valuation.

7. The determination of selling price of property on land or price of transfer of land use rights in the form of sale/transfer to a pre-selected buyer/transferee shall be carried out as follows:

a) The selling price of property on land must be compatible with the remaining actual value according to the re-evaluation results; the price of transfer of land use rights shall be determined in line with the market price of transfer of land use rights based on the new use of the land area in accordance with the law on determination of starting price of land use right auction for land allocation or land lease, not less than the land use right value calculated according to the land price published by the provincial People's Committee corresponding to new use of land multiplied (x) by the land pricing coefficient prescribed by the provincial People’s Committee. The time for determination of selling price of property on land or price of transfer of land use rights in the form of sale/transfer to a pre-selected buyer/transferee is different from the time the decision on sale of property on land or transfer of land use rights is available, the selling price of property on land or price of transfer of land use rights shall be determined at the time of valuation.

Within 180 days from the time of valuation, the provincial People's Committee shall issue a decision on selling price of property on land or price of transfer of land use rights so as not to cause loss of money and property of the State; if the said time limit expires, the selling price shall be re-determined.

12. The historical cost of property on land and land use right value used for determination of the power to decide on sale of property on land or transfer of land use rights shall be determined at the time a body or enterprise makes declarations and propose a plan for disposition of property. To be specific:

a) Regarding historical cost of property on land: based on the historical cost in the accounting book; if the historical cost of property has yet to be recorded in the accounting book, rely on the procurement (or investment) document to determine the historical cost of property according to the regime for managing and calculating the depreciation of fixed assets of agencies, organizations or units;

b) Regarding land use right value:

- For land managed and used by a body: the land use right value shall be determined in compliance with Articles 101 and 102 of the Decree No. 151/2017/ND-CP.

- For land managed and used by an enterprise: the land use right value equals (=) the area of land multiplied (x) by the land price based on the use of land that is being used in the Land Price List promulgated by the provincial People's Committee multiplied (x) by the land pricing coefficient prescribed by the provincial People's Committee applicable at the time of declaration and proposing the sale plan.

The determination of land use right value in the historical cost prescribed in this Clause shall be only used to determine the power to decide on sale of property on land or transfer of land use rights as prescribed in this Decree instead of being used to determine the starting price for auction or determine the selling price for sale to a pre-selected buyer.

If part of a piece of property is sold, the historical cost used for determination of the power to decide the sale is in proportion to the part of the piece of property to be sold.”

12. Clause 1 of Article 13 is amended and Clause 5 is added to Article 13 as follows:

“1. The transfer of property to a local government shall be done in the following cases:

a) The property already used for residential purposes before January 19, 2007 (the date on which the Prime Minister issued the Decision No. 09/2007/QD-TTg on the disposition of state-owned property) that meets the following conditions: it has an independent campus or is separable from the campus, has a separate path, does not cover the façade and affect the surrounding space and landscape but the body or enterprise has obviated the need therefor. In this case, the property shall be transferred to a local government for management in accordance with law on housing, land and relevant regulations of law;

b) A body has obviated the need for its property or other cases decided by the Prime Minister.

5. Any body or enterprise whose property has to be transferred shall transfer the property under the competent authority or competent person’s transfer decision; reduce the quantity of property and value of transferred property.

Compensation or assistance shall not be provided to the body or enterprise upon transfer of property to a local government for management and disposition purposes.

The enterprise whose property has to be transferred shall reduce its capital (if any) in compliance with regulations of law on enterprises and management and use of state capital in manufacturing and business activities of enterprises.”

13. Clause 1 of Article 14 is amended and Point c is added to Clause 2 of Article 14 as follows:

“1. The temporary retention of property for continued use shall be applied in the following cases:

a) Property that is used against regulations as prescribed in Clauses 1 and 3 Article 15 of this Decree;

b) Property included in the plan or planning for use of land serving purposes of national defense, security or socio - economic development for the national and public interests subject to forfeiture but a forfeiture decision of the competent authority prescribed by law on land has yet to be issued;

c) Property that is under management and ownership of a body or enterprise but has yet to be put into use and is not subject to forfeiture as prescribed in Clause 1 Article 9 of this Decree.

2. According to the plan approved by the competent authority or competent person prescribed in Article 6 of this Decree, the Minister, head of central government authority and Chairman/Chairwoman of the provincial People’s Committee shall:

c) Direct the body or enterprise having the property in Point c Clause 1 of this Article to formulate a property disposition plan according to the prescribed regime; on that basis, such body or enterprise shall propose a disposition plan as prescribed in this Decree.”

14. Point a Clause 4 of Article 16 is amended as follows:

“4. If the competent authority or competent person prescribed in Article 6 of this Decree approves the plan for retention of property for continued use:

a) The provincial People's Committee shall decide to transfer the right to manage and use property from the housing management and trading company to a Ministry or central government authority for transfer to a centrally-managed body or to locally-managed body with respect to the property specified in Clause 1 of this Article.

After receiving the property, the body shall cooperate with local competent authorities to complete legal documentation on property; update all information on the property, and manage and use the in accordance with regulations of law on management and use of public property; is not required to make any declaration or report for approval of the property disposition plan as prescribed in this Decree;”

15. Clause 1 of Article 17 is amended and Clause 3 is added to Article 17 as follows:

“1. In cases where it is necessary to change the approved property disposition plan, the body or enterprise shall report the changed plan to its supervisory authority or property owner (if any), which will report it to the competent authority defined in Clause 2 Article 4 of this Decree so as for it to consider submitting the changed plan to a competent authority or competent person specified in Article 6 of this Decree for consideration and approval.

3. Where the decision on retention of property for continued use is issued; if, during the use of such property, the changes below are made, the body or enterprise shall update information about the property to the accounting book in accordance with regulations of law on management and use of public property and relevant regulations of law and is not required to follow procedures for changing the disposition plan:

a) The body or enterprise is permitted by a competent authority or competent person to build new property, upgrade, renovate, repair or dismantle property at the property retained for continued use;

b) Name of the body or enterprise directly managing and using property is changed without making any change to the management and use of property specified in the approved plan;

c) Business model of a public service provider or equitized state-owned enterprises is changed under the competent authority’s or competent person’s decision and the new juridical person is entitled to inherit rights and obligations related to property in accordance with relevant regulations of law and there is not any change to the management and use of property by the new juridical person specified in the approved plan;

d) Address of the property is changed under the competent authority’s or competent person’s document but there is no change to the location of the property;

dd) Area of the property is changed as a result of re-measurement.”

16. Clause 4 of Article 18 is amended and Clause 7 is added to Article 18 as follows:

“4. The amounts paid to the state budget shall be used for development investment purposes and given priority in the state budget expenditure estimates in accordance with the provisions of law on state budget, legislation on public investment and other relevant laws for the following purposes:

a) Expenditures on investment, construction, upgrading or renovation of working offices, public service establishments of bodies under the management of Ministries, central and local authorities on the basis of opinions of the impound account holder prescribed in Clause 1 of this Article on the source of amounts used for the investment projects in line with the property disposition plan;

b) Regarding the Ministry of National Defense and Ministry of Public Security, apart from the expenditures specified in Point a of this Clause, priority should be given to expenditures on extremely important objectives and tasks as decided by the Prime Minister.

7. The management and use of proceeds from sale of property on land or transfer of land use rights with respect to property at Vietnamese Communist Party’s authorities shall comply with Article 30 of the Decree No. 165/2017/ND-CP.”

17. Point d Clause 3 of Article 23 is amended as follows:

“d) Based on the written request of the Ministry or central government authority specified in Point c of this Clause, the impound account holder shall request the Minister of Finance (for the centrally-managed body, except for the body affiliated to the Ministry of National Defense or Ministry of Public Security); the Minister of National Defense or Minister of Public Security (for the body affiliated under the management of the Ministry of National Defense or Ministry of Public Security) or the Chairman/Chairwoman of provincial People’s Committee (for the locally-managed body) to consider deciding on the severance pay, and then give funds to the body acquiring the property in order to give severance pay to the laid-off employee.”

18. Clause 3 of Article 24 is amended as follows:

“3. The land levy and land rent paid in a lump sum for the entire lease term shall be determined under regulations of law on land upon land repurposing. The authority that has the power to give notices of payment of land levy or land rent paid in a lump sum for the entire lease term shall send 1 copy of the notice of payment to the impound account holder prescribed in Clause 2 Article 19 of this Decree. The time limit for making payment to the impound account is as follows:

a) Within 30 days from the date on which the competent authority signs the notice of payment of land levy or land rent paid in a lump sum for the entire lease term, the enterprise shall pay 50% of the land levy or land rent under the notice;

b) Within the next 60 days, the enterprise shall pay the remaining 50% under the notice;

c) Upon expiry of aforesaid time limit, if the enterprise fails to make full payment as prescribed Points a and b of this Clause, the late payment interest shall be charged according to the provisions of law on tax administration. The impound account holder shall send a written notice to the Department of Taxation of district (where the property is located) to determine and issue a notice of the late payment interest. The late payment interest shall be paid to the state budget in compliance with regulations of law on state budget and law on tax administration.”

19. Clauses 1, 2 and 3 of Article 28 are amended and Clauses 5, 6, 7 and 8 are added to Article 28 as follows:

“1. For the property which is covered by this Decree and being disposed of under the Prime Minister's Decision No. 09/2007/QD-TTg dated January 19, 2007, Prime Minister’s Decision No. 86/2010/QD-TTg dated December 22, 2010, amending decisions and guiding documents but for which the property disposition plan has not yet been approved by the competent authority or competent person (the Prime Minister or Ministry of Finance for centrally-managed property; Prime Minister or provincial People’s Committee for locally-managed property shall give its written opinion on the property disposition plan) by January 01, 2018; the subsequent steps of the process stipulated in this Decree shall keep applying.

2. For the property which is covered by this Decree and for which the property disposition plan has been approved by the competent authority or competent person (the Prime Minister or Ministry of Finance for centrally-managed property; Prime Minister or provincial People’s Committee for locally-managed property shall give its written opinion on the property disposition plan) in accordance with regulations on property disposition, regulation on relocation as a result of environmental pollution or relocation under planning before January 01, 2018 but has not been completely implemented, follow the instructions below:

a) Regarding the property for which the plan for retention of property for continued use, the approved plan shall continue to be implemented.

If a competent person or competent authority has yet to issue a decision on retention of property for continued use, such competent person or competent authority specified in Clause 2 Article 8 of this Decree shall decide to issue a decision on retention of property for continued use according to the approved plan.

According to such decision, the body or enterprise shall perform the tasks that has yet to be completed as prescribed in Clause 3 Article 8 of this Decree.

b) Where the forfeiture plan for the property has been approved but the forfeiture has yet to be completed, keep performing the tasks that have yet to be completed as prescribed in Clauses 2, 3, 4 and 5 Article 9 of this Decree.

c) Where the transfer plan for the property has been approved but the transfer has yet to be completed, keep performing the tasks that have yet to be completed as prescribed in Clauses 2, 3, 4, 5, 6 and 7 Article 10 of this Decree.

d) Where the plan for transfer to a locality for management and disposition purposes for the property has been approved but the transfer and receipt have yet to be completed, the body or enterprise shall cooperate with local competent authorities in transferring and receiving the property. The transfer and receipt of property shall be made into a record. The management and disposition of received property shall comply with Clause 4 Article 13 of this Decree.

dd) Where the plan for sale of property or transfer of land use rights for the property has been approved but the sale has yet to be completed, follow the instructions below:

- If the auction has been held successfully, keep following procedures to complete the sale as prescribed by law.

- If the auction has yet to be held or has been held but unsuccessful or the auction result is invalidated as prescribed by law on property auction or the sale decision of the competent authority or competent person is expired as prescribed by law, the sale and disposition of property shall be terminated as prescribed in this Decree.

- Where the property is sold to a pre-selected buyer (under the decision or document of a competent authority as prescribed by law) and the buyer has concluded a property sale contract or the competent authority has issued a notice of amounts payable (or selling price), the buyer is entitled to follow the remaining procedures to complete the sale as prescribed by law and Clause 5 of this Article.

- Where the property is sold to a pre-selected buyer (under the decision or document of a competent authority as prescribed by law) but a property sale contract has yet to be concluded or a notice of amounts payable (or selling price) has yet to be issued, the sale and disposition of property shall be terminated as prescribed in this Decree; except where the sale of property to a pre-selected buyer has been approved by the Prime Minister.

e) Where the land repurposing plan for the property has been approved but the land purposing has yet to be completed, follow the instructions below:

- If an investment certificate has yet to be issued by the competent authority or competent person as prescribed in the Government’s Decree No. 108/2006/ND-CP (or an investment guideline decision has yet to be issued as prescribed by the Law on Investment 2014), carry out the disposition as prescribed in this Decree.

- If an investment certificate has been issued by the competent authority or competent person or an investment guideline decision has been issued in accordance with regulations of law on investment and such investment certificate or investment guideline decision is still effective, follow the instructions below:

+ If the provincial People’s Committee has issued a decision on land repurposing in accordance with regulations of law on land and investment and relevant regulations of law, the land repurposing shall be continued as prescribed by law.

+ In the remaining cases, the provincial People’s Committee shall carry out review to consider issuing a decision on land repurposing in accordance with regulations of law on land and investment and relevant regulations of law.

3. If a joint-stock company in Clause 1 Article 2 of this Decree is converted from a state-owned enterprise or public service provider for which the property disposition plan has been approved by the state-owned enterprise or public service provider prior to equitization, it is not required to dispose of property as prescribed in this Decree with respect to the property included in the enterprise value. If the approved plan is changed, comply with the regulations set out in Article 17 of this Decree; if the plan has yet to be completely implemented, comply with the regulations set out in Clause 2 of this Article. After the approval, the property is no longer subject to disposition, the approved plan shall not apply, in this case, the management and use of such property shall comply with regulations of law on land, law on management and use of state capital in manufacturing and business activities of enterprises and law on enterprises and relevant regulations of law.

5. Regarding the proceeds from sale of property on land or transfer of land use rights, land levy or land rent, the payment, management and use thereof shall be carried out as follows upon repurposing land according to the plan approved by the competent authority or competent person before January 01, 2018 (in the case where the approve plan continues to be implemented as prescribed in Points dd and e Clause 2 of this Article):

a) If the payment has not been made in full or has yet to be paid, make full payment the impound account; and pay the late payment interest to the state budget according to the provisions of law on tax administration. The management and use of payments to the impound account shall comply with Articles 18, 19, 20, 23, 24 and 25 of this Decree;

b) If the payment has been made to the impound account but the paid amount has yet to be used to execute an investment project approved by the competent authority or competent person as prescribed by law before January 01, 2018, the management and use of proceeds (if any) from sale on sale of property on land or transfer of land use rights shall comply with Articles 18, 19, 20, 23, 24 and 25 of this Decree;

c) If the payment has been made to the impound account and the body or enterprise has used part of the proceeds from property disposition to execute an investment project approved by the competent authority or competent person as prescribed by law, the remaining proceeds (after deducting relevant costs as prescribed) shall be paid in full to the state budget. Deficits shall be funded to continue executing the project in accordance with regulations of law on public investment and state budget and relevant regulations of law;

d) The body or enterprise shall cooperate with the finance authority or investment authority at the same level in reviewing and reporting all revenues and expenditures from sale of property of land or transfer of land use rights within the state budget (if any) to the competent authority, which will include them in the state budget, and manage and use them in accordance with regulations of law on state budget and public investment and relevant regulations of law;

6. For a joint-stock company over 50% of charter capital of which is held by the State that is not covered by the Decision No. 09/2007/QD-TTg before January 01, 2018 and is now subject to disposition as prescribed, follow the instructions below:

a) If the competent authority or competent person has issued a decision on sale of property on land or transfer of land use rights before January 01, 2018 in accordance with regulations of law but the sale has yet to be completed, comply with the regulations enshrined in Point dd Clause 2 of this Article;

b) If the competent authority or competent person has permitted land repurposing but the land repurposing has yet to be completed, comply with the regulations enshrined in Point e Clause 2 of this Article.

7. Every Ministry, central government authority and provincial People’s Committee shall report to the Prime Minister the cases below:

a) Through an inspection or review result given by a ministry or local authority, it is found that the sale of property on land, transfer of land use rights or land repurposing is not carried out in accordance with regulations;

b) The sale of property on land, transfer of land use rights or land repurposing is suspended under the competent authority's direction resulting in difficulty in complying with the regulations enshrined in Points dd and e Clause 2 of this Article.

8. Responsibility for reporting and considering reporting to the Prime Minister the cases in Clause 7 of this Article:

a) For the property associated with land repurposing: the People's Committee of the province where the property is located shall preside over reviewing or cooperating with the Ministry or central government authority (for property of the body or enterprise under central management) in reviewing and seeking opinions of relevant Ministries by fields under state management about relevant difficulties, consolidating and reporting the opinions to the Ministry of Finance, which will preside over appraising and reporting them to the Prime Minister.

b) For the property associated with sale of property on land or transfer of land use rights: the Ministry, central government authority or provincial People’s Committee managing and using property shall preside over cooperating with the People’s Committee of the province where the property is located in reviewing and seeking opinions of relevant Ministries by fields under state management about relevant difficulties, consolidating and reporting the opinions to the Ministry of Finance, which will preside over appraising and reporting them to the Prime Minister.

c) Where necessary, the Prime Minister shall assign another Ministry or regulatory body to preside over seeking opinions of Ministries and agencies concerned, and consolidate and report them to the Prime Minister.”

20. The Form No. 02 - Record on inspection of current status of property is amended (under the Appendix enclosed herewith).

Article 2. Effect

1. This Decree comes into force from September 01, 2021. The regulations enshrined in Clause 1 Article 1 of this Decree come into force from the date on which it is signed.

2. Regarding the cases that arise from January 01, 2018 to the effective date of this Decree, follow the instructions below:

a) In the case of sale of property on land or transfer of land use rights:

- If the auction has been held successfully, keep following procedures to complete the sale as prescribed by law.

- If the auction has yet to be held or has been held but unsuccessful or the auction result is invalidated as prescribed by law on property auction or the sale decision of the competent authority or competent person is expired as prescribed by law, the sale and disposition of property shall be terminated as prescribed in this Decree.

- Where property is sold to a pre-selected buyer (under the decision or document of a competent authority and such decision or document is issued as prescribed by law or such document i) and the buyer has concluded a property sale contract, the buyer is entitled to continue to follow the remaining procedures to complete the sale as prescribed by law.

- Where the property is sold to a pre-selected buyer under the decision or document of a competent authority but a property sale contract has yet to be concluded, the sale and disposition of property shall be terminated as prescribed in this Decree; except where the sale of property to a pre-selected buyer has been approved by the Prime Minister.

b) In the case of land repurposing:

- If an investment guideline decision has yet to be issued by the competent authority or competent person as prescribed by the Law on Investment 2014, carry out disposition as prescribed in this Decree.

- If an investment guideline decision has been issued by the competent authority or competent person in accordance with regulations of law on investment and such investment guideline decision is still effective, follow the instructions below:

+ If the provincial People’s Committee has issued a decision on land repurposing in accordance with regulations of law on land and investment and relevant regulations of law, the land repurposing shall be continued as prescribed by law.

+ In the remaining cases, the provincial People’s Committee shall carry out review to consider issuing a decision on land repurposing in accordance with regulations of law on land and investment and relevant regulations of law.

c) Bodies and enterprises' property (including Class n and Class III enterprises) for which the property disposition plan has been approved by the competent authority or competent person as prescribed in the Decree No. 167/2017/ND-CP, the plan approved by the competent authority or competent person shall be implemented; in case of change of the plan, comply with Article 17 of the Decree No. 167/2017/ND-CP (amended by Clause 15 Article 1 hereof).

3. From the effective date of this Decree:

a) The power to forfeit property upon disposition and time limit for transfer of property after the forfeiture decision is available shall comply with Clause 9 Article 1 of this Decree (amending Article 9 of the Decree No. 167/2017/ND-CP) instead of complying with Articles 17 and 18 of the Decree No. 151/2017/ND-CP.

b) The power to sell property on land and transfer land use rights upon disposition and time limit for transfer of property shall comply with Clause 11 Article 1 of this Decree (amending Clause 4 Article 11 of the Decree No.167/2017/ND-CP) instead of complying with Article 22 of the Decree No. 151/2017/ND-CP.

c) Regulations laid down in Articles 19 and 24 of the Decree No. 167/2017/ND-CP shall only apply to:

c1) Wholly state-owned Class I enterprises;

c2) Class II enterprises 100% of charter capital of which is held by the Class I enterprises in c1;

c3) Class III enterprises 100% of charter capital of which is held by the Class II enterprises in c2.

4. The ratio of capital used to determine entities subject to property disposition specified in Clause 2 Article 1 of this Article shall be determined on January 01, 2018; if from January 01, 2018 to the effective date of this Decree there is a change to the said ratio, it shall be determined on the effective date of this Decree.

Article 3. Responsibility for implementation

1. The Ministry of Finance shall preside over providing guidelines for the implementation of this Decree; design software and instruct bodies and enterprises to update information concerning property disposition to the national database of public property.

2. Ministries, ministerial agencies and provincial People’s Committees shall, within their jurisdiction, direct and organize the property disposition.

3. Ministers, heads of ministerial agencies, heads of Governmental agencies and heads of other central government authorities, Presidents of Boards of Members and Boards of Directors of state-owned economic groups and corporations, Chairmen/Chairwomen of People's Committees of provinces and central-affiliated cities, bodies, enterprises and individuals concerned shall are responsible for the implementation of this Decree./.