The Ministry of Finance said that in Clause 2 and Clause 3, Article 67 of the Law on Management and Use of Public Assets on the management and use of assets at agencies of the Communist Party of Vietnam stipulates that the management and use of assets at agencies of the Communist Party of Vietnam shall be implemented in accordance with the principles of management and use of public assets prescribed in this Law and the Charter of the Communist Party of Vietnam, and at the same time assigns the Government to detail this Article; accordingly, the Government has issued Decree No. 165/2017/ND-CP dated December 31, 2017 of the Government regulating the management and use of assets at agencies of the Communist Party of Vietnam.
The National Assembly passed Law No. 56/2024/QH15 and Law No. 90/2025/QH15 amending and supplementing a number of articles of the Law on Management and Use of Public Assets; accordingly, a number of regulations on forms of asset handling, procedures and regulations on decision-making authority in purchasing, leasing, using, exploiting and handling assets have been adjusted towards increasing decentralization and delegation of authority. Therefore, it is necessary to amend and supplement the corresponding regulations in Decree No. 165/2017/ND-CP to be consistent with the policy orientation in Law No. 56/2024/QH15 and Law No. 90/2025/QH15.
On January 22, 2024, the Ministry of Finance issued Official Dispatch No. 890/BTC-QLCS to the Central Party Office on summarizing and evaluating the implementation of Decree No. 165/2017/ND-CP; based on the summary, evaluation and proposal reports of the Provincial Party Committees and the Central City Party Committees, in order to promptly resolve issues arising in the practical implementation of Decree No. 165/2017/ND-CP, the Central Party Office issued an official dispatch requesting the Ministry of Finance to submit to the Government and the Prime Minister to include in the Work Program of the Government and the Prime Minister the Decree amending and supplementing a number of articles of Decree No. 165/2017/ND-CP.
According to the summary and assessment reports of the Provincial and Municipal Party Committees directly under the Central Government, the implementation of Decree No. 165/2017/ND-CP still has some difficulties and problems that need to be amended, supplemented and replaced to meet practical requirements such as:
Regarding the subjects of application: Some Party agencies and units are not yet specifically regulated in Decree 165/2017/ND-CP such as: Ho Chi Minh National Academy of Politics, Provincial Political School is a level I budget unit of the provincial budget,...
According to Clause 3, Article 17 of Decree No. 165/2017/ND-CP, "Party agencies are allowed to use official residences, guesthouses and other assets that have not been fully utilized for exploitation in accordance with relevant laws and Party regulations"; however, there are no specific regulations on the authority, order and procedures for deciding on asset exploitation, leading to difficulties in the implementation process.
Some contents on the management and use of assets at Party agencies do not have specific regulations to serve as a basis for agencies and units to implement, such as: Procedures for handing over assets in kind to agencies and units; authority to decide on maintenance, repair, hiring units with the function of managing and operating public assets; exploiting public assets after recovery...
Determining the Party's asset portfolio, determining the value of the assets formed, how much belongs to the Party, how much belongs to the State, in order to account for, monitor, and allocate the proceeds from liquidation of assets according to the provisions of Decree No. 165/2017/ND-CP is difficult. Because most of the assets of Party agencies were formed many years ago and according to previous regulations, those assets were identified as Party assets, so they were not accounted for and monitored separately...
Based on the above grounds, according to the Ministry of Finance, it is necessary to amend and supplement a number of articles of Decree No. 165/2017/ND-CP dated December 31, 2017 of the Government regulating the management and use of assets at agencies of the Communist Party of Vietnam.
Applicable objects
The proposed subjects of application in the draft are:
1. Agencies performing the function of state management of assets: Central Party Office; Ho Chi Minh National Academy of Politics; Provincial and Municipal Party Committees of provinces and centrally-run cities (provincial and municipal Party Committees).
2. Agencies and units assigned to manage and use assets:
Central Party agencies include: Subordinate budget units directly under the Central Party Office; National Assembly Party Committee agencies, Government Party Committee agencies, Fatherland Front Party Committee agencies, central mass organizations (Central Party Committee agencies); Party agencies under the Ho Chi Minh National Academy of Politics (including: Central Theoretical Council Agency, Ho Chi Minh National Academy of Politics Office, regional Political Academies directly under the Ho Chi Minh National Academy of Politics).
Local Party units include: The Party's public service units at the provincial level include: Public service units are the Provincial Political School, centrally-run cities; local Party newspapers; local radio and television stations; public service units directly under the Provincial Party Committee Office, City Party Committee; public service units of the Commune-level Party Committee.
Adjust, amend and perfect many regulations
The Ministry of Finance said that in the draft, the Ministry proposed to adjust regulations on decision-making authority in the management and use of public assets in the direction of increasing decentralization and delegation of authority and in accordance with the 2-level local government organization model.
Specifically, the Ministry of Finance proposes to assign direct authority to Party agencies and units assigned to manage and use assets to decide on the sale, liquidation, destruction, and disposal of assets in case of loss or damage to assets that do not qualify as fixed assets.
Assign authority to the Chief of the Party Central Office, Director of the Ho Chi Minh National Academy of Politics, Party Committees at the central level, Provincial Party Committees, City Party Committees, Provincial People's Committee Party Committees, and Commune Party Committees to decide or delegate authority to recover, transfer, transfer to local management, handle, sell, liquidate, destroy, and dispose of assets in case of loss or damage for assets that meet the standards of fixed assets at Party agencies and units under their management (instead of some cases being implemented according to regulations on authority applicable to state agencies as at present) to ensure the autonomy and self-responsibility of the Communist Party of Vietnam agencies for assets at Party agencies and units.
Assign the Chief of the Party Central Office, Director of the Ho Chi Minh National Academy of Politics, Provincial Party Committees, and City Party Committees to decide or delegate the authority to decide and approve projects on the use of assets at Party public service units under their management; assign the heads of Party public service units to ensure regular and investment expenditures and decide and approve projects on the use of their units' assets for business purposes, leasing, joint ventures, and associations to promote decentralization.
Assign the authority to decide on the conversion of asset usage in case the asset management agency does not change to the Party agency or unit assigned to manage and use the asset (instead of having to report to the agency or person with authority to decide on assignment, investment in construction, and asset procurement as currently).
Supplementing regulations on the authority of the Party Committee at the commune level in managing, using, and handling public assets managed and used by agencies and units under the Party Committee at the commune level (instead of the authority of the District Party Committee Office) to conform to the 2-level local government organization model.
Adjust regulations on procedures and implementation procedures towards simplifying procedures.
The Ministry of Finance proposes to remove the regulations on the authority to decide on the purchase and lease of assets and the regulations that Party agencies and units shall base on the assigned budget estimates and the permitted funding sources to organize the purchase and lease of assets according to the provisions of the law on bidding, without having to follow the procedures for submitting decisions on the purchase and lease of assets to simplify the procedures and comply with the content of the amendment to the Law on Bidding in Law No. 56/2024/QH15 (remove the regulations on the person with authority in bidding being the person with authority to decide on the purchase and assign responsibility to the investor and the investor's superior management agency).
Eliminate the regulation on the need to carry out procedures to establish property ownership rights for properties voluntarily transferred by organizations or individuals to the Party through donation contracts or other ownership transfer contracts as prescribed in Article 223 of the Civil Code and other relevant legal provisions (if any).
Eliminate the regulation on procedures for consulting the Ministry of Finance and the Department of Finance before competent authorities decide to allocate or reclaim land belonging to the working headquarters of Party agencies according to the provisions of the law on land.
Content revised and completed
The draft proposes to amend and complete regulations on the management and use of money collected from handling and exploiting public assets at Party agencies and units to comply with Party regulations on Party budget reserve funds and special financial mechanisms of a number of Party agencies (Ho Chi Minh National Academy of Politics).
Amend and complete regulations on reporting assets at Party agencies and units to conform to the two-level local government organization model.
Additional content
The draft proposes to supplement regulations on asset exploitation at Party agencies and units according to regulations on asset exploitation at state agencies and public service units to create a legal basis for effective asset exploitation at Party agencies and units.
Supplementing regulations on exploiting assets with recovery decisions by competent agencies and individuals in the following forms: (i) Handing over assets with recovery decisions to Party public service units and Party enterprises for management and exploitation according to Party regulations; (ii) Arranging working headquarters and public service facilities with recovery decisions (including or excluding other assets currently at those working headquarters and public service facilities) to state agencies, people's armed forces units, public service units, agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front and organizations under the Vietnam Fatherland Front for temporary use during the period when there are no assets or during the period of renovation, repair, upgrading, and investment in construction of working headquarters and public service facilities.
Supplementing the form of handling assets transferred ownership by organizations and individuals to the Party to suit reality in order to handle these assets effectively.
Supplementing regulations on rearrangement and handling of houses and land at Party agencies and units (authority, approval; order and procedures for rearrangement and handling of houses and land; rearrangement and handling plan).
Content omitted
The draft proposes to remove the regulation on the use of assets at Party agencies and units to participate in investment projects under the public-private partnership method to conform to the scope of projects implemented under the public-private partnership method as prescribed by the Law on Investment under the public-private partnership method.
Source: https://baolangson.vn/de-xuat-quy-dinh-moi-ve-quan-ly-su-dung-tai-san-tai-co-quan-dang-cong-san-viet-nam-5054129.html
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