When is it not necessary to prepare a project plan for a canteen or kitchen?

Document 5907 from the Ho Chi Minh City Department of Finance, regarding the establishment of a plan for using public assets for business, leasing, joint ventures, and partnerships at public non-profit organizations, has recently been sent to city departments, agencies, and the People's Committees of districts and communes. This has resolved concerns many public schools have had regarding the organization of canteens, parking lots, kitchens, etc.

Students buying food at the canteen of a primary school in Ho Chi Minh City in previous school years.

In the above document, the Ho Chi Minh City Department of Finance outlines the following important points: "Public service units may organize or tender for the selection of units with the function of performing auxiliary activities (parking, canteen, etc.) to serve the unit's functions and tasks. If the unit conducts an auction for leasing (public assets not used to full capacity and meeting the 8 requirements stipulated in Clause 2, Article 55 of the Law on Management and Use of Public Assets), it must prepare a plan; and report to the competent authority for consideration and decision."

Therefore, public service units that organize or tender for the selection of units with the function of performing auxiliary activities (parking, canteen, etc.) to serve the performance of the unit's functions and tasks do not need to prepare a project proposal.

The Ho Chi Minh City Department of Finance also stated that it has received and commented on 745 out of 745 proposals for the use of public assets for business and leasing purposes by public service units (the majority of these proposals aim to create canteens and parking lots to serve the needs of citizens using public services and officials, civil servants, and employees of the units), which have been sent to the units for review and implementation. To date, 5 proposals have been considered and approved by the City People's Committee.

The Ho Chi Minh City Department of Finance requests that departments, agencies, and the People's Committees of districts and communes direct their affiliated public service units (units that have prepared proposals and received feedback from the Department of Finance) to review, continue implementation, and report on the results.

Specifically, in cases where the unit organizes or selects units through bidding to perform auxiliary activities (parking, canteen, etc.) to support its functions and tasks: the unit is requested to report on the progress and results of implementation to the superior management agency (departments, boards, branches, People's Committees of districts and counties) for compilation, and then forward it to the Department of Finance for monitoring, compilation, and reporting to the City People's Committee when requested.

"In the case of continuing to implement the project using public assets for business and leasing purposes: the unit is requested to base its actions on the legal basis and detailed outline prepared by the Department of Finance, and to study and incorporate the feedback from the Department of Finance to revise and finalize the project (clearly stating which content has been incorporated and revised in the project; which content has not been incorporated, with specific explanations of the reasons, etc.); and to submit a written report to the superior management agency for consideration and comments before submitting it to the City People's Committee for consideration and decision," the Ho Chi Minh City Department of Finance stated.

A school canteen in Ho Chi Minh City in previous school years.

Previously, on August 15th, the Office of the People's Committee of Ho Chi Minh City issued a document conveying the directive of Vice Chairman of the People's Committee Nguyen Van Dung regarding the approval of the Project on the Use of Public Assets in the city, including school canteens and parking lots.

Ho Chi Minh City People's Committee Vice Chairman Nguyen Van Dung concluded and directed: "Public service units, focusing on the education and training sector, shall continue to maintain parking and canteen operations in accordance with the guidance document of the Ministry of Finance in Official Letter No. 9757/BTC-QLCS dated September 26, 2022; the bidding process must be conducted publicly and transparently, ensuring fire safety and food hygiene."

Vice Chairman of the Ho Chi Minh City People's Committee Nguyen Van Dung instructed the Department of Finance to organize and conduct a review and re-examination of projects submitted by public service units for appraisal by the Department of Finance, and which the Department of Finance has already commented on, but which the units have yet to finalize for submission to the competent authority for consideration and decision.

A school canteen in District 12, Ho Chi Minh City, in previous school years.

On September 26, 2022, the Ministry of Finance also issued Official Letter No. 9757/BTC-QLCS providing guidance on the use of public assets for business purposes, leasing, joint ventures, and partnerships at public non-business units. Accordingly:

• If an entity uses the premises for a canteen or parking lot to serve its operations, it does not fall under the category of using public assets for business, leasing, joint ventures, or partnerships as stipulated in Articles 56, 57, and 58 of the Law on Management and Use of Public Assets, and therefore does not need to prepare a project proposal.
  
• In cases where public assets at a public non-business unit have been allocated, invested in, constructed, or purchased by the State to carry out the unit's political tasks, but are not used to their full capacity during use and do not meet the 8 requirements stipulated in Clause 2, Article 55 of the Law on Management and Use of Public Assets, the unit may use those assets for business purposes, leasing, joint ventures, or partnerships, provided it prepares a plan and reports it to the competent authority for consideration and decision.

On February 1, 2024, the Ministry of Finance issued Official Letter No. 1347/BTC-NSNN regarding comments on the proposal to draft a Decree on the decentralization of state management in several areas for Ho Chi Minh City; which included the following content:

"Issues like those reported by the Ho Chi Minh City People's Committee mainly relate to units using assets as canteens and parking lots to serve the needs of citizens using public services and officials, civil servants, and employees at the unit. Regarding this matter, the draft Decree amending and supplementing a number of articles of Decree No. 151/2017/ND-CP (currently being submitted by the Ministry of Finance to the Government for consideration and promulgation in Submission No. 182/TTr-BTC dated August 17, 2023) has added regulations to clearly distinguish between cases requiring the preparation of a project proposal and cases not requiring such a proposal."

Accordingly, in cases where a public non-profit organization uses public assets to serve auxiliary activities that directly support the performance of its functions and tasks (such as providing catering services, parking for officials, employees, and visitors), the organization is not required to prepare a plan for using public assets for business purposes, leasing, joint ventures, or partnerships.

Source: https://thanhnien.vn/tphcm-khi-nao-to-chuc-can-tin-bep-an-khong-can-lap-de-an-185240826183419133.htm