Headquarters "exposed to the sun and rain"
Hanoi, after adjusting the administrative boundaries of the capital (since 2008), due to the merger of agencies and units (of Ha Tay province and Hanoi city), many headquarters are not in use and have not been exploited.
According to the reporter of Hanoi Moi Newspaper in October 2023, the headquarters of the Hanoi Statistics Office, Facility II, located in a prime location on the bustling To Hieu Street (Ha Dong District), has fallen into disrepair. Around the building, weeds grow and moss clings. Entering the gate of the headquarters is a motorbike repair shop, it is not clear when it "sprouted". Inside, the offices are covered with thick dust. Not far away is the headquarters of the People's Procuracy, also with its doors and locks locked. Due to long-term disuse, the facility here has deteriorated, with many walls peeling off.
This is also the situation that occurs in many other localities after the merger of administrative units. In Thanh Hoa province, there are currently many surplus houses and land in districts, towns and cities. The surplus public works and assets after the reorganization of agencies and administrative units in the province are divided into 3 groups, including: Commune-level working headquarters, commune-level cultural centers, commune-level health stations, village, hamlet and residential group cultural houses; headquarters of district-level public service units that have been reorganized; headquarters of central agencies in the area. In general, there are no specific plans for handling the surplus houses and land after the reorganization of agencies and administrative units; many assets have not been used for a long time, have been damaged, degraded, and abandoned; the conversion of functions, handover of public works and assets to other agencies and units for management and use has not been much, causing waste of State assets...
According to the Ministry of Finance, the current abandoned, wasteful, and degraded public housing and land are mainly houses and land that must be handled when reorganizing district and commune-level administrative units. In fact, the implementation of house and land handling plans when reorganizing district and commune-level administrative units, especially the sale and transfer plan, is still slow, leading to a number of vacant and degraded houses and land. Up to now, there are nearly 500 houses and land in the 2019-2021 period that are surplus when reorganizing district and commune-level administrative units and have not been handled.
Meanwhile, the reports of ministries, central and local agencies sent to the Ministry of Finance show that the total number of houses and land (including houses and land of state-owned enterprises and joint stock companies with over 50% state capital) subject to the reorganization and handling of houses and land according to Decree No. 167/2017/ND-CP of the Government regulating the reorganization and handling of public assets and Decree No. 67/2021/ND-CP of the Government on amending and supplementing a number of articles of Decree No. 167/2017/ND-CP, is 266,502. As of August 31, 2023, the total number of houses and land approved by competent authorities is 189,524; The number of unapproved housing and land facilities is 76,978, of which 34,839 are centrally managed and 42,139 are locally managed.
No consensus on solution
Regarding the above situation, according to Deputy Director of Hanoi Department of Finance Mai Cong Quyen, the reason is that in addition to the provisions of the Law on Management and Use of Public Assets, the management, use and exploitation of houses and land are also regulated by many specialized laws (on land, housing, management and use of state capital invested in production and business at enterprises...). Therefore, in the implementation process, there are many different opinions, it is necessary to exchange, discuss and seek guidance from the Ministry of Finance and relevant agencies to reach consensus, ensure prudence, efficiency and compliance with regulations.
Meanwhile, the completion of legal documents on houses and land according to the law and the direction of the Hanoi People's Committee at some agencies and units has not been paid attention to. Up to now, there are still units that have not measured, have not met the planning information and have sent documents to the Department of Natural Resources and Environment to issue certificates of land use rights, house ownership rights and other assets attached to land. This has greatly affected the progress of planning and handling of houses and land of agencies and units.
For centrally managed housing and land facilities in the city, the progress of transferring headquarters to localities after moving to new headquarters is slow, mainly only small headquarters of agencies and units under ministries and branches.
In addition, the Ministry of Finance said that, in addition to the large scale of the arrangement of administrative units at the district and commune levels, the number of redundant working offices that need to be arranged is large; the rearrangement and handling of the headquarters depends on the needs of the agencies and administrative units, and on the planning and land use plan. Because the arrangement of administrative units under the management of the locality and the administrative units of the central agencies located in the area are done simultaneously, the possibility of transferring the headquarters to other units is almost impossible. To sell, transfer or reclaim, it is necessary to adjust the planning, land use plan and detailed construction plan, which takes time.
In addition, the surplus houses and land that have not been processed are mostly located in rural, mountainous, remote areas; many units still lack headquarters but are not located in the same area so they cannot be transferred for use, and even in the area where the arrangement is being made, there is no unit that needs to receive it. Not to mention, the real estate market has been sluggish recently, selling and transferring has encountered many difficulties because few investors are interested.
Another reason is that determining land and property prices still faces many difficulties, especially in valuation methods and hiring valuation enterprises to determine land prices and property values; house and land records are incomplete, management and usage history is complicated, and the rearrangement and handling of houses and land are related to many legal regulations and are carried out by many agencies.
It is worth mentioning that the responsibility of the head of the unit directly managing and using houses and land and of the management agencies is not high. In fact, Decree No. 151/2017/ND-CP detailing a number of articles of the Law on Management and Use of Public Assets has raised some difficulties in implementation. For example, some contents on management and use of public assets at agencies, organizations and units do not have specific guidance as a basis for implementation, such as: Procedures for handing over assets in kind to agencies, organizations and units; authority to decide on maintenance, repair, hiring of units with the function of managing and operating public assets; exploitation of public assets after recovery...
In addition, the current regulations on procedures for handling public assets are not appropriate, such as the handling of public assets in cases of merger, consolidation, separation, and dissolution. According to the process, the agency assigned to manage and use the assets proposes and prepares a request for handling, but in many cases, the agency assigned to manage and use public assets no longer exists due to merger, consolidation, or dissolution.
Notably, the use of public assets at public service units for business purposes, leasing, joint ventures and associations has revealed many difficulties. For example, the selection of joint venture and association partners according to the criteria as prescribed by current regulations is difficult because there is no basis for evaluation and scoring for each criterion. Moreover, in practice, there are some cases in the process of joint ventures and associations, due to force majeure, it is impossible to continue implementation and so it is proposed to terminate the contract before the deadline. While there are currently no specific regulations for this case, leading to confusion in handling.
(To be continued)
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