Students at a school canteen in Ho Chi Minh City in previous school years.
Difficulty in determining rental price.
Specifically, in Official Letter No. 3574/GDĐT-KHTC from the Department of Education and Training to the Department of Finance (signed on October 3, 2019), the Ho Chi Minh City Department of Education and Training stated that it had implemented the Project on the Use of Public Assets for Business, Leasing, Joint Ventures, and Partnerships in accordance with Government Decree 151/2017/NĐ-CP dated December 26, 2017 (hereinafter referred to as the Project) for all affiliated units to review and provide consolidated feedback to the Department of Finance for submission to the People's Committee of Ho Chi Minh City for approval as prescribed.
"A particular characteristic of educational institutions is the need to organize activities such as canteen services for students to ensure food safety and hygiene, parking services to ensure traffic safety and order within the school grounds, and after-school sports and physical education services to generate funds for the maintenance of sports facilities, while the budget and human resources for these activities are insufficient."
Furthermore, the education sector has a large number of units, so the necessary time for reviewing and evaluating the plan before submitting it to the City People's Committee for approval significantly impacts the regular operations of these units. Activities such as canteen services and parking for students are annual events prepared before the start of the new school year and have been operating stably for many years," the document stated.
The document also highlighted the difficulties and obstacles faced by units in preparing and implementing the Project. Notably, these included determining rental prices for services at educational institutions, preparing the Project, and calculating the land lease fees payable.
A school canteen in District 3, Ho Chi Minh City, in previous school years.
"According to Clause 3, Article 57 of the Law on Management and Use of Public Assets and Clauses 3 and 4, Article 46 of Decree No. 151/2017/ND-CP, public non-business units must determine rental prices in accordance with actual market rental prices and conduct auctions for asset rentals (rental prices are adjusted upwards according to market fluctuations and must not be lower than the winning bid price). Therefore, based on the above regulations, the rental price would be high, significantly affecting the affordability of students participating in these types of services," the Ho Chi Minh City Department of Education and Training's 2019 official letter stated.
How have schools maintained their canteens and kitchens over the past period?
In 2021, the Ho Chi Minh City Department of Education and Training sent Official Letter No. 2575 to the Department of Finance regarding the report on the exploitation, management, and use of public assets at public non-business units (official letter signed on September 24, 2021).
Accordingly, the Department of Education and Training reported: Based on Notice No. 634/TB-VP dated September 13, 2019, from the Office of the People's Committee of Ho Chi Minh City, which announced the conclusions of the People's Committee of Ho Chi Minh City regarding the resolution of some recommendations from the Department of Education and Training in implementing Inspection Conclusion No. 08/KLTTT-3 of the City Inspectorate, Section 2 states: "The principle of allowing public non-profit units under the education and training sector to continue maintaining parking facilities, canteens, swimming pools, and gymnasiums to serve the learning and training needs of teachers and students is approved. However, public and transparent bidding must be conducted, ensuring fire safety, food safety and hygiene, and fulfilling financial obligations in accordance with current regulations."
Official document 2575 also states: "The Department of Education and Training has sent Official Document No. 57/GDĐT-KHTC dated January 7, 2020, to its affiliated units, guiding the use of public assets, emphasizing several points regarding the preparation of a plan for using public assets for business purposes, leasing, joint ventures, and partnerships in accordance with Decree No. 151/2017/NĐ-CP, and organizing a review of lease contracts at the unit. In case of expiration, an auction should be held for the lease, with a contract term of one year (starting from 2020 while awaiting approval of the plan); urging units to seriously implement the updating, management, depreciation calculation, and monitoring of fixed assets according to current regulations."
Elementary school students during lunchtime at a school with a canteen, school year 2023-2024. Canteens and school cafeterias are essential in schools, primarily serving the students.
What proposals or recommendations has the Department of Education and Training made?
According to the 2021 report of the Department of Education and Training, from January 1, 2018 (the effective date of Decree 151/2017/ND-CP) to September 2021, the total number of public non-business units under the Department of Education and Training that had developed projects was 117 (out of a total of 128 public units under the Department).
All 117 projects have been reviewed by the Department, but none have met the content requirements as per the guidelines. Therefore, none have been immediately approved for submission to the competent authority for consideration and approval. All 117 projects require further refinement regarding their financial plans.
Common obstacles include difficulties in determining rental prices and calculating the land lease fees payable. In addition, there are difficulties in providing complete legal documentation as required by the Project.
In Official Letter No. 2575 from the Ho Chi Minh City Department of Education and Training to the Department of Finance in 2021, the Department of Education and Training proposed and recommended several points:
- Regarding the cases (conditions) for using public assets for business purposes, leasing, joint ventures, and partnerships: According to current regulations;
- Regarding the authority to approve projects for the use of public assets for business, leasing, joint ventures, and partnerships: The authority remains unchanged as stipulated in current regulations.
- Regarding procedural matters: The authority remains as currently stipulated;
- Regarding partner selection, partner changes, and joint venture/collaboration arrangements: This applies to units authorized in writing by the Ministry of Education and Training or the People's Committee of Ho Chi Minh City;
- Regarding the determination and payment of land rent: We request exemption from land rent.
According to the plan, this week (early August 2024), the Ho Chi Minh City People's Committee will hold a working session with the Departments of Finance, Education and Training, Natural Resources and Environment, and other relevant units to hear reports on the approval of the Project on the Use of Public Assets in the city, the difficulties and obstacles encountered, and proposed solutions.
Source: https://thanhnien.vn/so-gd-dt-tphcm-tung-kien-nghi-gi-de-go-vuong-cho-can-tin-bep-an-truong-hoc-185240729123601305.htm






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