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sadfasEnglish > Home > Planning - development
Resolution To Promulgate The Regulations On Decentralizing The Jurisdiction To Decide On The Purchase, Lease, And Handling Of Public Assets In Lam Dong Province 

REGULATION

ON DECENTRALIZING THE JURISDICTION TO DECIDE ON THE PURCHASE, LEASE, AND HANDLING OF PUBLIC ASSETS IN LAM DONG PROVINCE

(Issued with Resolution no. 78/2018/NQ-HDND dated July 11th, 2018 by the People’s Council of Lam Dong Province)

Article 1. Scope of regulation

This Regulation decentralizes the jurisdiction to decide on the procurement, lease, and handling of public assets at State agencies, public non-business units, socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations, and other organizations established under the law on organizations and Project Management Boards funded by State capital in Lam Dong Province.

Article 2. Decentralization of jurisdiction in purchasing decisions of public assets

1. Chairman of the People’s Committee of the Province decides to purchase:

a) Office building, non-business construction works, and other assets affixed to land;

b) Automobiles;

c) Assets valued at 500 million VND or more per unit of assets;

d) Assets with a total value at 10 billion VND or more each purchase.

2. Heads of specialized agencies and public non-business units under the People's Committees of the province; Heads of socio-political organizations, socio-professional political organizations, social organizations, socio-professional organizations, and other organizations established under the law on organizations (generally called mass organizations) at the provincial level; Chairmen of the People's Committees of districts and cities (generally called district level) decide on the purchase of (except for assets falling under the purchase jurisdiction prescribed in Clause 3 of this Article):

a) Assets valued under 500 million VND per unit of assets;

b) Assets with total value under 10 billion VND each purchase.

3. Heads of agencies and units under specialized agencies and public non-business units under the People's Committees of the province; Heads of agencies and units under the provincial level mass organizations; Heads of specialized agencies and public non-business units under district level People's Committees; Heads of mass organizations at district level; Heads of People's Committees of communes, wards, and townships (generally called commune level) decide on the purchase of (except for assets falling under their purchase jurisdiction specified in Clause 4 of this Article):

a) Assets valued under 100 million VND per unit of assets;

b) Assets with total value under 200 million VND each purchase.

4. Heads of the remaining agencies, units, and organizations which are estimating units decide on the purchase of:

a) Assets valued under 100 million VND per unit of assets;

b) Assets with total value under 100 million VND each purchase.

5. Public non-business units purchase assets with various capital sources, including state budget capital; public non-business units who cover a part of regular expenditures by themselves, and public non-business units who are regularly paid by the State for asset procurement from the Non-business Activity Development Fund exercise their powers according to regulations in Clauses 1, 2, 3, and 4 of this Article.

Article 3. Decentralization of jurisdiction in leasing public assets

1. Chairman of the People’s Committee of the Province decides to lease office buildings and non-business construction works of agencies, units, and organizations under provincial management.

2. Chairmen of the People’s Committees of district level decide to lease office buildings and non-business construction works of agencies, units, and organizations under the district level.

3. Heads of agencies, units, and organizations under their respective management; Chairmen of People's Committees at commune level wishing to lease property (other than office buildings and non-business construction works) decide on the lease of assets in service of their operations; quantity and types of leased assets must fit the standards and quota on the use of public assets, and budget capacity of agencies, units, and organizations.

4. Public non-business units lease assets with various capital sources, including the State budget capital, according to their jurisdiction defined in Clauses 1, 2 and 3 of this Article.

Article 4. Decentralization of jurisdiction in retrieving public assets

1. Chairman of the People’s Committee of the Province decides to retrieve:

a) Office buildings, non-business construction works, and other assets affixed to land of agencies, units, and organizations under local management;

b) Automobiles of agencies, units, and organizations under local management;

c) Assets valued at 500 million VND or more per unit of assets.

2. The Director of the Department of Finance decides to seize assets valued at under 500 million VND per unit of assets (except assets specified in points a and b of Clause 1 of this Article) of agencies, units, and organizations at the provincial level.

3. Chairmen of People's Committees at district level decide to recover assets valued at under 500 million VND per unit of assets (except assets specified in points a and b of Clause 1 of this Article) of agencies, units, and organizations at district level.

Article 5. Decentralization of jurisdiction in transferring public assets

1. Chairman of the People’s Committee of the Province decides to transfer:

a) Office buildings, non-business construction works, and other assets affixed to land;

b) Automobiles;

c) Assets valued at 1 billion VND or more per unit of assets.

2. The Director of the Department of Finance decides to transfer assets valued at under 1 billion VND per unit of assets (except assets specified in points a and b of Clause 1 of this Article) among agencies, units, and organizations under local management (except assets under the transfer jurisdiction prescribed in Clause 3 of this Article); among the provincial, district and commune levels, and among district level.

3. Heads of specialized agencies and public non-business units under the People's Committees of the province; Heads of mass organizations at provincial level; Chairmen of People's Committees at district level decide to transfer assets valued at under 500 million VND per unit of assets (except assets specified in points a and b of Clause 1 of this Article and assets under the transfer jurisdiction of the Director of the Department of Finance defined in Clause 2 of this Article) among their subordinate agencies, units, and organizations.

Article 6. Decentralization of jurisdiction in liquidating public assets

1. Chairman of the People’s Committee of the Province decides to liquidate:

a) Office buildings, non-business construction works, and other assets affixed to land (except for cases specified in Point a, Clause 2 and Point a, Clause 4 of this Article);

b) Automobiles which ran less than 300,000 km, and can no longer be used;

c) Assets valued at 500 million VND or more per unit of assets.

2. The Director of the Department of Finance decides to liquidate:

a) Office buildings, non-business construction works, and other assets affixed to the land of agencies, units or organizations at provincial level in case of land clearance for upgrading, renovation, or implementation of construction projects already approved by competent agencies;

b) Automobiles which have expired according to their depreciation time or have operated over 300,000 km, and can no longer be used.

3. Heads of specialized agencies under the People's Committees of the province; Heads of mass organizations at provincial level decide to liquidate assets valued from 100 million VND to under 500 million VND per unit of assets of their subordinate agencies, units, and organizations (except for assets of public non-business units).

4. Chairmen of the People's Committees at district level decide to liquidate:

a) Office buildings, non-business construction works, and other assets affixed to the land of agencies, units or organizations at district level in case of land clearance for upgrading, renovation, or implementation of construction projects already approved by competent agencies;

b) Assets valued from 100 million VND to under 500 million VND per unit of assets of their subordinate agencies, units, and organizations (except for assets of public non-business units)

5. Heads of the agencies under specialized agencies of the People's Committees of the province; Heads of organizations under mass organizations at provincial level; Heads of specialized agencies under People's Committees at district level ; Heads of mass organizations at district level; Chairmen of People's Committees at commune level; Heads of agencies and organizations which are other estimating units decide to liquidate assets valued at under 100 million VND per unit of assets (except for assets of public non-business units).

Article 7. Decentralization of jurisdiction in public assets’ sale and disposal

1. Individuals with jurisdiction to decide on asset retrieval under Article 4 of this Regulation are those with jurisdiction to decide on the sale or disposal of the retrieved assets.

2. Individuals with jurisdiction to decide on asset liquidation under Article 6 of this Regulation are those with jurisdiction to decide on the sale or disposal of the retrieved assets.

3. Particularly, regarding assets formed from the  Non-business Activity Development Fund or loans and capital sources mobilized according to regulations (except for non-business establishments and automobiles), Heads of public non-business units decide to sell or dispose of their assets.

Article 8. Decentralization of jurisdiction in handling public assets in case of loss or destruction

1. Chairman of the People's Committee of the Province decides on the handling of lost or damaged assets being office buildings, non-business construction works, and other assets affixed to land; automobiles and assets with the original value of 500 million VND or more per unit of assets.

2. The Director of the Department of Finance decides on the handling of lost or damaged assets with the original value under 500 million VND per unit of assets (except for office buildings, non-business construction works, and other assets affixed to land; automobiles)

3. Chairmen of the People's Committees at district level decide on the handling of lost or damaged assets with the original value under 500 million VND per unit of assets (except for office buildings, non-business construction works, and other assets affixed to land; automobiles) of agencies, units, and organizations at district level.

Article 9. Decentralization of jurisdiction to approve asset handling plans for the operation of projects

1. Chairman of the People's Committee of the Province approves:

a) Handling plans (to transfer, sell, liquidate, destroy or dispose of assets in case of loss or destruction) serving the operation of projects funded by State capital of project management boards at the provincial level;

b) Handling plans of assets serving the operation of projects funded by State capital which are automobiles, office buildings, or other assets affixed to land of project management boards at district level.

2. Chairmen of the People's Committees at district level approve handling plans of assets serving the operation of projects funded by State capital of project management boards at district level (except for automobiles, office buildings, or other assets affixed to land).

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