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Q&A on policies and laws: Who are considered meritorious people and policy beneficiaries?

Recently, Khanh Hoa Newspaper received a petition from Ms. Le Van Dung (Van Ninh district) requesting the authorities to support and advise on policies and laws, including the following contents: Which subjects are called meritorious people; which subjects are called policy beneficiaries; when local authorities sell cars (public property), which agency determines the price? When selling, must there be an auction? Before selling, must information be published in the local press?

Báo Khánh HòaBáo Khánh Hòa06/05/2025

Regarding this issue, based on the coordinated opinions of the Department of Home Affairs and the Department of Finance - members of the Provincial Council for LegalEducation and Dissemination, the Department of Justice synthesizes and answers as follows:

1. Document? Who is considered a meritorious person?

People with revolutionary contributions are stipulated in Article 3 of Ordinance No. 02/2020/UBTVQH dated December 9, 2020 of the Standing Committee of the National Assembly on preferential treatment for people with revolutionary contributions, including: People who participated in revolutionary activities before January 1, 1945; people who participated in revolutionary activities from January 1, 1945 to the August 1945 uprising; martyrs; Vietnamese heroic mothers; heroes of the people's armed forces; labor heroes during the resistance period; war invalids, including category B war invalids recognized before December 31, 1993; people enjoying policies like war invalids; sick soldiers; people who participated in resistance activities and were infected with toxic chemicals; people who participated in revolutionary activities, resistance activities, protecting the Fatherland, and performing international duties and were imprisoned or exiled by the enemy;

People who participate in the resistance war to liberate the nation, protect the Fatherland, and fulfill international obligations; people who have contributed to helping the revolution.

2. Document? Who is considered a policy beneficiary?

People with revolutionary contributions are entitled to preferential treatment according to the provisions of Ordinance No. 02/2020/UBTVQH dated December 9, 2020 of the National Assembly Standing Committee on preferential treatment for people with revolutionary contributions and Decree No. 131/2021/ND-CP dated December 30, 2021 of the Government detailing and implementing the Ordinance on Preferential Treatment for People with Revolutionary Contributions.

3. When local authorities sell cars (public property), which agency determines the price? Is there an auction when selling? Is there a need to publish information in the local press before selling?

- In Clause 1, Clause 2, Clause 4, Clause 5, Article 24 of Decree 151/2017/ND-CP dated July 26, 2017 (amended and supplemented in Clause 16, Article 1 of Decree 114/2024/ND-CP dated September 15, 2024; amended and supplemented in Clause 12, Article 1 of Decree 50/2025/ND-CP dated February 28, 2025), the Government stipulates:

1. The sale of public assets must be carried out publicly by auction, except for cases of sale by price listing or designated sale as prescribed in Clause 1, Article 26 and Clause 1, Article 27 of this Decree.

2. Determine starting price:

a) The head of the agency assigned to organize the sale of assets specified in Clause 3, Article 23 of this Decree shall decide on the starting price of the assets to be auctioned to ensure that it is consistent with the market price of assets of the same type or assets with equivalent technical standards, quality, and origin at the time of price determination.

b) The head of the agency assigned to organize the sale of assets specified in Clause 3, Article 23 of this Decree shall establish a price appraisal council in accordance with the provisions of law on prices or hire a price appraisal enterprise to conduct a price appraisal as a basis for deciding on the starting price.

The valuation of the valuation council and valuation enterprise shall be carried out in accordance with the law on prices. The selection of the valuation enterprise shall be carried out in accordance with the provisions of relevant laws.

c) The asset price determined in this clause does not include value added tax (VAT).

4. The agency assigned to organize the sale of assets specified in Clause 3, Article 23 of this Decree shall hire an asset auction organization to organize the auction; the selection of an asset auction organization shall be carried out in accordance with the provisions of the law on asset auction and relevant laws. In case an asset auction organization cannot be hired, an asset auction council shall be established to conduct the auction;

The establishment and operation of the Property Auction Council shall be carried out in accordance with the provisions of law on property auction.

5. The order and procedures for public asset auctions shall be implemented in accordance with the provisions of the law on asset auctions. Information on public asset auctions shall be posted and publicly announced in accordance with the provisions of the law on asset auctions. The agency assigned to organize the sale of assets shall supervise the organization of the auction and other rights and obligations of the person whose assets are to be auctioned in accordance with the provisions of the law on asset auctions.

- Clause 1, Article 57 of the Law on Property Auction No. 01/2016/QH14 dated November 17, 2016 (amended and supplemented by Law No. 37/2024/QH15 dated June 27, 2024) stipulates: "Organizations practicing property auction must publicly announce twice on the National Property Auction Portal, each time at least 2 days apart, and at least once in a printed or visual newspaper of the Central Government or the province or centrally-run city where the property is auctioned".

According to the above regulations, when selling public assets such as cars, it must be done publicly in the form of auction; the starting price is determined by the head of the agency assigned to organize the sale of assets, who establishes a price appraisal council in accordance with the provisions of the law on prices or hires a price appraisal enterprise to conduct a price appraisal as a basis for deciding on the starting price; information about the auction of public assets is announced publicly twice on the National Asset Auction Portal, each time at least 2 days apart, and at least once in the province's printed or visual newspaper.

KHANH HOA NEWSPAPER

Source: https://baokhanhhoa.vn/ban-doc-viet/van-de-ban-doc-quan-tam/202505/hoi-dap-chinh-sachphap-luat-doi-tuong-nao-goi-la-nguoi-co-cong-nguoi-huong-chinh-sach-4823969/


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