THE NATIONAL ASSEMBLY
Law No. 15/2017/QH14 dated June 21, 2017 of the National Assembly on management and use of public property
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Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates a Law on Management and use of public property.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Law deals with state management of public property; policies on management and use of public property; rights and obligations of organizations and individuals in management and use of public property.
Public property including money in state budget, non-state budget financial funds, foreign exchange reserves shall be managed and used in accordance with regulations of relevant law.
Article 2. Subject of application
1. State authorities.
2. People’s Armed Forces.
3. Public service providers.
4. Communist Party of Vietnam.
5. Socio-political organizations; socio-political and professional organizations; social organizations, social-professional organizations and other organizations that are established according to regulations of law on associations.
6. Other enterprises, organizations and individuals relevant to management and use of public property.
Đọc thêm: Tội bắt giữ người trái pháp luật
Article 3. Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “Public property” is property under public ownership and managed by the State, including: public property serving management, provision of public services, maintenance of national security for organizations and individuals; infrastructural property serving national and public interests; property established under public ownership; public property of enterprise; money in state budget, non-state budget financial funds, foreign exchange reserves; land and other resources.
2. “Financial resources obtained from public property” means the combination of capacities got from operation of public property as prescribed in regulations of law to provide funding for socio-economic development and ensure national security.
3. “Workplace” includes land, office building and other property pertaining to land serving management of a state authority, an authority affiliated to the Communist Party of Vietnam, a socio-political organization, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations.
4. “Public service facility” includes land, office building, construction works and other property pertaining to land serving management and provision of public services of a public service provider.
5. “Special-purpose property of people’s armed forces” means public property used for fighting, training in pre-fighting and national security provided by People’s Armed Forces.
6. “Single-purpose property” is property having specific structure, design and utility used in certain fields.
7. “Public property auction” is a form of selling public property with rules and procedures as prescribed in regulations of law on property auction.
8. “Direct sale of public property” means selling public property through price listing or appointing a property buyer.
9. “Use of public property for joint venture purposes” means an act of an organization or individual that is permitted to use public property to cooperate with another organization or individual in fixed-term business operation to ensure national interests.
10. “State-funded project” is a project on development investment or science and technology funded with state budget capital, official development assistance, preferential loans of foreign donors or capital from sources of income left for investment but not included in the balance of state budget, capital from public service development funds, development investment credit capital of the State or guaranteed by the Government.
11. “Confiscated property” is property taken away from an organization or individual according to a court’s judgment/decision or a competent authority’s decision.
12. “Information system on public property” is an integrated system of information technology infrastructure, software, data and procedures developed to collect, store, update, process, analyze, classify and retrieve information about public property.
13. “National database on public property” is a collection of data on public property that is organized for access, operation, management and updating through electronic means.
Article 4. Classification of public property
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Public property shall be classified as follows:
1. Public property used to manage and provide public services and ensure national security of competent state authorities, people’s armed forces, public service providers, authorities affiliated to Communist Party of Vietnam, socio-political organizations, socio-political and professional organization, social organization, social-professional organization or another organization that is established according to regulations of law on associations, except for the property specified in Clause 4 this Article (hereinafter referred to as “public property of authorities and organizations”);
2. Infrastructural property serving national or public interests are technical infrastructure works, social infrastructure facilities, land areas, water areas or sea areas associated with infrastructure works, including: transport infrastructure, power supply infrastructure, irrigation infrastructure and response to climate change, urban infrastructure, industry cluster infrastructure, industrial zones, economic zones, high-tech zones, commercial infrastructure, information infrastructure, educational and training infrastructure, science and technology infrastructure, medical infrastructure, cultural infrastructure, sports infrastructure, tourism infrastructure and other infrastructure in accordance with provisions of law (hereinafter referred to as “infrastructural property”);
3. Public property of enterprises;
4. Property of state-funded projects;
5. Property established for public ownership according to provisions of law, including: confiscated property; property without owners, property whose owner is unidentified; property that is dropped, forgotten, buried, hidden, sunk and found; property without inheritors and other property belonging to the State as prescribed in provisions of the Civil Code; property whose owner voluntarily transfers ownership to the State; property transferred by the foreign-invested enterprises without reimbursement to the Vietnamese State according to their commitments after the expiry of their operation duration; property invested in the form of public-private partnerships and transferred to the Vietnamese State under project contracts;
6. Money of the state budget, non-state budget financial funds and foreign exchange reserves of the State;
7. Land; water resources, forest resources, mineral resources, marine resources, airspace, telephone numbers and other numbers serving state management, Internet resources, radio frequency spectrum, orbit satellites and other resources managed by the State according to regulations of law.
Article 5. Policies on management and use of public property
1. The State shall formulate policies on public property investment, operation and protection.
2. The State shall modernize and professionalize management of public property to enhance efficiency and effectiveness of management and use of public property; to ensure personnel and financial resources for the management and use of public property.
3. The State shall encourage both domestic and foreign organizations and individuals to:
a) Invest in science and technology to increase public property and modernize management of public property;
b) Transfer rights to invest, operate or lease of public property;
c) Provide services related to public property.
Article 6. Rules for management and use of public property
1. The State shall authorize management and use of each public property corresponding to each organization and individual in accordance with this Law and relevant law.
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