However, the preparation and approval of this project has encountered many difficulties and problems in recent years.
A DISTRICT WITH NEARLY 40 SCHOOLS AFFECTED
On July 16, 2024, the Department of Education and Training of Binh Tan District issued a notice requesting the principals of all kindergartens, primary schools, secondary schools and specialized schools (public) to temporarily suspend the leasing of public assets for canteens, parking lots and kitchens until the competent authority approves the Project on using public assets for leasing purposes according to regulations and must report the results to the Department of Education and Training of the district before July 23, 2024 for synthesis and reporting to the District People's Committee.
Canteens of some schools in Ho Chi Minh City, previous school years
This suspension is in compliance with Notice No. 731/TB-UBND dated July 12, 2024 of the District People's Committee, regarding the conclusion of the Standing Committee of the District People's Committee, related to the results of the inspection of the level of financial autonomy according to Plan No. 189/KH-UBND dated March 18, 2024 of the District People's Committee.
Previously, there was a conclusion of the City Inspectorate on the management and use of state-owned houses and land and state management of urban order at the People's Committee of Binh Tan District (period 2021 - 2022). It mentioned that nearly 40 public kindergartens, primary schools, and secondary schools in Binh Tan District used public houses and land for business purposes, leasing, and joint ventures but the project had not been approved by the City People's Committee, which did not ensure compliance with the provisions of Clause 2, Article 46 of Decree No. 151/2017/ND-CP (the Decree took effect from January 1, 2018).
Not only Binh Tan District but also many other localities in Ho Chi Minh City have been stuck in the implementation of Decree No. 151/2017/ND-CP in the use of public houses and land for business purposes, leasing, joint ventures. Many localities such as District 8, Tan Phu District, Binh Chanh District have also had to stop leasing, joint ventures to build canteens, school kitchens, and parking lots. Schools have had to order industrial meals for boarding students.
The principal of an elementary school in District 1, Ho Chi Minh City, also said that the school kitchen and canteen must be temporarily closed, and the new school year 2024-2025 is coming, and he does not know how to do it legally.
Decree No. 151/2017/ND-CP of 2017 of the Government details a number of articles of the Law on Management and Use of Public Assets, of which Article 44 stipulates: Public service units are responsible for preparing plans to use public assets for business purposes, leasing, joint ventures, and associations. Assets of great value specified in Point a, Clause 2, Article 56, Point a, Clause 2, Article 57 of the Law on Management and Use of Public Assets are decided by the Minister, Head of the Central agency, and Provincial People's Committee in accordance with the type of asset and the functions, tasks, and capacity of the service unit under their management.
Clause 2, Article 46 of this Decree stipulates: Based on the project on using public assets for leasing purposes approved by competent agencies and individuals as prescribed in Article 44 of this Decree, the head of the public service unit shall specifically decide on the leasing of public assets.
However, a manager in Binh Tan District said that the project to use public assets for the purpose of renting out canteens, parking lots, and school kitchens is very complicated. In fact, there is a primary school in the district that made a project 3 years ago and sent it to the district's Finance and Planning Department to submit to the city for approval. But after 3 years, this project has not been approved. Newly built schools do not dare to open canteens, and old schools are likely to have to "close" the canteens. Therefore, in order to organize boarding for students, schools have to order industrial meals. Although in reality, experts recommend cooking at school, the meals are hotter and food safety is easier to control.
Or an official at the Department of Education and Training also said that the project to lease public assets is still stuck in the valuation of public assets. "The rental price is based on the land price of the roads surrounding the school. So for schools surrounded by large roads such as Dinh Tien Hoang Primary School, District 1; Hoa Binh Primary School, District 1, the land rental price of the kitchen and school canteen is probably several billion VND per month, so who will rent it?", this person discussed.
Schools are having difficulties in arranging canteens, parking lots, and boarding kitchens.
If the school doesn't want to make a project, it has to sell its own cafeteria.
In fact, in 2022, the Ministry of Finance issued Official Dispatch No. 9757/BTC-QLCS dated September 26, 2022 to the People's Committee of Ho Chi Minh City on the use of public assets for the purpose of leasing, joint ventures, and associations at public service units in Ho Chi Minh City. It stated:
"The Law on Management and Use of Public Assets 2017 does not stipulate that the Chairman of the Provincial People's Committee decentralizes or authorizes the Chairman of the District People's Committee to approve the Project on using public assets for business purposes, leasing, joint ventures, and associations of public service units managed by the District People's Committee...".
"In case a unit uses the premises as a canteen or parking lot to serve the unit's operations, it is not a case of using public assets for business purposes, leasing, joint ventures, and associations as prescribed in Articles 56, 57, and 58 of the Law on Management and Use of Public Assets and does not have to prepare a project...".
However, Decree No. 151/2017/ND-CP has the highest effect. Many managers of public schools in Ho Chi Minh City said that if they do not want to have to make a project, the school must organize and operate the canteen, kitchen, and parking lot themselves, and not rent or cooperate with others. However, the function of the school is to teach and learn, so where will the cooks, car-watchers, parking attendants, accountants, etc. be found? How will the revenue and expenditure be accounted for?
DISADVANTAGES FOR STUDENTS AND PARENTS
Speaking with Thanh Nien Newspaper reporter, Mr. Cao Thanh Binh, Head of the Culture - Social Committee of the Ho Chi Minh City People's Council, said that he had grasped the information reflected on some localities such as Binh Tan District, District 8 and some units with public assets such as boarding kitchens, canteens, and school parking lots that were stuck. After the inspection, he was asked to comply with Decree 151. "I have reported to the City People's Committee, so that the City People's Committee can urgently work with relevant units, find ways to somehow remove difficulties and obstacles, in order to both ensure legality and ensure the actual needs of agencies and units, especially educational institutions in the city. Now it is almost the end of July, in August, schools will prepare and ensure school facilities to welcome students for the new school year 2024 - 2025. Now schools are stuck and having difficulties in arranging canteens, parking lots, and boarding kitchens, it is really difficult", Mr. Cao Thanh Binh said.
According to Mr. Cao Thanh Binh, if schools now do not have canteens, kitchens, or parking lots, the biggest disadvantage will be for students, and the burden will fall on parents. Because if there is no boarding, parents who are working will have to work hard to pick up their children at noon and take them to school in the afternoon. And for preschool and primary school children, if schools are not allowed to arrange kitchens but order industrial meals from outside, ensuring food safety is a matter of great concern. Next, if schools do not have canteens, where will students buy breakfast before they have time, and where will they buy water when they are thirsty at noon? They are forced to go to the school gate, where will street vendors appear, is there food safety? Mr. Binh also raised the issue that if schools do not have parking lots, there are no parking attendants, and students leave their vehicles haphazardly at school, and if they lose them, who will be responsible?
Urgently remove difficulties
Mr. Cao Thanh Binh acknowledged that the Project under Decree 151/2017/ND-CP must be appraised, the documents are very complicated, in the long term, it is obvious that units must have a project. But in the immediate future, in this situation, urgent measures must be taken to handle it. Any content that can be implemented must be implemented immediately. Any remaining problems, whether legal, valuation or other factors, need to be summarized and reported and can be recommended to the Government, studied and reconsidered...
According to the plan, this week, the Ho Chi Minh City People's Committee will have a working session with the Department of Finance, Education and Training, Natural Resources and Environment and related units to report on the approval of the Project on using public assets in the city, difficulties, problems and solutions.
Source: https://thanhnien.vn/hang-tram-truong-hoc-o-tphcm-vuong-bep-an-can-tin-bai-xe-185240728190214625.htm
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