Kinhtedothi-On the morning of November 19, the Hanoi People's Council's thematic session passed a Resolution regulating the use of public assets at public service units under the city's management for business purposes, leasing, joint ventures, and associations (implementing points a and b, clause 4, article 41 of the Law on the Capital).
According to the resolution, the subjects of application are public service units under the management of the city; agencies, organizations, enterprises, and individuals related to the management and use of public assets under the management of the city for business purposes, leasing, joint ventures, and associations.
The Resolution consists of 5 Chapters, with 21 Articles, stipulating the principles of using public assets for business purposes, leasing, joint ventures, and associations, including: using assets in accordance with the function and purpose of the assets invested in construction and purchase; in accordance with the functions and tasks of the unit; not losing ownership of public assets; preserving and developing capital and assets assigned by the State.
Implement according to market mechanism, ensure publicity and transparency; be supervised, inspected, checked and audited; all violations of law must be handled promptly and strictly according to law provisions.
At the same time, do not affect the provision of public services, functions and assigned tasks of the unit; promote capacity and efficiency in the use of assets. Fully perform obligations on taxes, fees, charges and other financial obligations to the State as prescribed by law.
The Resolution clearly states that the State shall not provide funds for maintenance and repair of public assets which are only used for business purposes, lease, joint ventures and associations. Public service units shall use revenues from business, lease, joint ventures and associations to maintain and repair public assets according to regulations.
In case assets are considered as contributed capital in joint ventures or associations according to the provisions of law, the determination of asset value must ensure the principles prescribed by law on management and use of public assets. In case of joint ventures or associations forming a new legal entity, the public service unit must ensure holding more than 50% of the charter capital or total number of voting shares in the new legal entity.
The use of assets attached to land and the value of land use rights at public service units for business purposes, leasing, joint ventures and associations shall comply with the provisions of law on management and use of public assets.
Regarding the legal basis for issuing the resolution, the submission of the City People's Committee clearly stated that, according to the provisions of the law on management and use of public assets, the financial autonomy mechanism of public service units, public service units are allowed to use public assets that have not been used at full capacity for business purposes, leasing, joint ventures, and associations;
Or the use of assets for joint ventures and associations brings higher efficiency in providing public services according to the functions and tasks assigned according to the Project approved by the Chairman of the City People's Committee (after receiving the opinion of the Standing Committee of the City People's Council on the project of using assets at public service units for joint ventures and associations).
However, in reality, the implementation of the use of public assets at public service units for business purposes, leasing, joint ventures, and associations in the past time in the city has encountered many difficulties and obstacles. Most units are confused in establishing and building Projects for the use of public assets for business purposes, leasing, joint ventures, and associations... Therefore, up to now, very few Projects have been appraised, submitted to competent authorities for approval, and implemented according to regulations.
In order to effectively implement the Capital Law No. 39/2024/QH15, improve the efficiency of using and exploiting public assets at public service units, combat waste, and promote resources; at the same time, to maintain, protect, and preserve public assets when used for leasing, business, joint ventures, and associations, the issuance of this Resolution is necessary, in accordance with the Party's guidelines and policies, and in accordance with the authority and tasks assigned in the Capital Law.
Source: https://kinhtedothi.vn/ha-noi-quy-dinh-ve-su-dung-tai-san-cong-de-kinh-doanh-cho-thue.html
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