Latest guidance on handling public assets when merging provinces

The Ministry of Finance guides localities on the handover, management and handling of public assets which are infrastructure assets.

The Ministry of Finance has just sent a document to ministries, agencies and People's Committees of provinces and cities providing additional guidance on the handover, management and handling of public assets such as infrastructure assets, assets owned by the entire people, and assets of projects using state capital when implementing the arrangement and reorganization of administrative units.

Infrastructure assets invested and managed by the State

Specifically, for infrastructure assets currently managed by the commune level : The (new) commune-level administrative unit formed after the arrangement is responsible for receiving and inheriting the management and use of infrastructure assets currently managed and used by the (old) commune level.

In case the (old) commune-level administrative unit is split into many parts to form (new) commune-level administrative units, the (new) commune level is responsible for receiving and inheriting the management and use of the infrastructure assets of the (old) commune level located in the (new) commune level.

In case the property is located in many new commune-level administrative units, the Chairman of the Provincial People's Committee shall decide on assigning the responsibility of receiving, inheriting the management and use to the (new) provincial or commune-level agency.

For infrastructure assets currently managed by the district level : For irrigation and market infrastructure assets, the (new) commune level is responsible for receiving and inheriting the management and use of assets located within the administrative boundaries of the (new) commune level.

If the assets are spread across many new communes, the Chairman of the Provincial People's Committee shall decide on the receiving unit, which may be a commune or a provincial agency.

For other types of infrastructure assets : Based on the list of infrastructure assets managed/temporarily managed by the district-level People's Committee, agencies, organizations and units under its management, the district-level People's Committee is responsible for synthesizing and reporting to the specialized agency managing the sector or field under the provincial-level People's Committee to synthesize and report to the provincial chairman to decide on assigning the responsibility of receiving and inheriting the management and use to the provincial-level or commune-level agency (new).

For infrastructure assets currently managed by the provincial level : The (new) provincial administrative unit formed after the arrangement is responsible for receiving and inheriting the types of infrastructure assets managed and used by the (old) provincial level.

Property is established as public ownership

For assets managed by the asset management unit which is an agency, organization or unit under the commune level and has not completed the handling by the time of the arrangement of the commune-level administrative unit: The (new) commune-level administrative unit is responsible for receiving and implementing the management.

In case the old commune-level administrative unit is divided into many parts to form new commune-level administrative units, the Provincial People's Committee shall specifically determine the new commune-level unit responsible for receiving, managing and handling assets.

For assets managed by the asset management unit which is an agency, organization or unit under the district level and has not yet completed the handling by the time the district level administrative unit is removed: The Chairman of the Provincial People's Committee shall assign the specialized agency under the Provincial People's Committee or the (new) commune level to receive, carry out the management and handling according to regulations.

For assets managed by the asset management unit which is an agency, organization or unit under the provincial level and has not completed the handling by the time of the arrangement of the provincial administrative unit: The (new) provincial administrative unit formed after the arrangement is responsible for receiving and inheriting the management and handling.

For assets currently managed by a central agency that the agency no longer has due to restructuring the apparatus to match the arrangement of administrative units: The Minister or Head of the central agency decides to assign the agency or unit under the ministry or central agency to be responsible for receiving and managing them.

Assets of projects using state capital

For assets serving project activities, follow the instructions in Official Dispatches No. 13749 dated December 14, 2024, Official Dispatch No. 2454 dated February 28, 2025 and Official Dispatch No. 4891 dated April 15, 2025 of the Ministry of Finance.

For assets that are the result of completed projects: Ministers, Heads of central agencies, and Provincial People's Committees shall direct the Project Management Board and project investors (in case there is no Project Management Board or the Project Management Board has been dissolved) to conduct a review to complete the handover of assets to beneficiaries according to regulations (for projects that have specifically identified beneficiaries).

In particular, note to fully hand over information about the value of the asset to serve the management and accounting of the beneficiary after handover.

Report to the competent authority or person for consideration and decision on the handling of assets in accordance with the provisions of law (for projects that have not yet identified specific beneficiaries). In case the handling has not been completed by the time of administrative unit arrangement, the principles in points a, b and c of the section on assets under the ownership of the whole people shall apply.

For unfinished projects, follow the instructions of the Ministry of Finance in Official Dispatch No. 4738 dated April 14, 2025.

Regarding the management of temporary accounts at the State Treasury, where the District Finance and Planning Department is the account owner for managing revenues from the management, handling and exploitation of public assets: The District Finance and Planning Department shall transfer to the temporary account owned by the Department of Finance and notify the agencies, organizations and units with revenues to carry out the procedure for payment of expenses with the Department of Finance.

The Department of Finance is responsible for managing the amount of money in the temporary account according to the provisions of law.

PV (synthesis)

Source: https://baohaiduong.vn/huong-dan-moi-nhat-ve-xu-ly-tai-san-cong-khi-sap-nhap-tinh-411695.html