Confusion in exploiting public assets

image-on-top(1).jpg — An abandoned cultural building, causing waste right in the center of Thu Thiem New Urban Area (Thu Duc City, Ho Chi Minh City). Photo: Hong Phuc.

In early February 2024, the Ho Chi Minh City Inspectorate concluded an inspection of 28 houses and lands managed by the Nha Be District People's Committee. Of which, the land plot at 189 Nguyen Van Tao Street (Long Thoi Commune, Nha Be District) managed by the Nha Be District Vocational Training Center was "whistled". Although the Ho Chi Minh City People's Committee approved the policy of this land plot to cooperate with the Thanh Cong Private Vocational Training Center for exploitation, these two units signed a cooperation contract in the field of vocational training without sending the cooperation plan to the Department of Finance for appraisal and submission to the City People's Committee for approval, which is not in accordance with regulations. In addition, the contract between the two parties is not in accordance with the nature of a cooperation and joint venture contract.

In addition to the above land, the Ho Chi Minh City Inspectorate also investigated a large land plot (23,266m2) in Nhon Duc Commune (Nha Be District). The inspection conclusion determined that the Nha Be District People's Committee allowed Dong Mekong Company to temporarily use this land plot for about 36 months without asking for the opinion of the City People's Committee. The Nha Be District Government has not regularly inspected the temporary use of the land plot, leading to the lack of positive and decisive measures to request Dong Mekong Company to hand over 2.3 hectares when the temporary use period has expired.

Also in Nha Be district, the Ho Chi Minh City Inspectorate determined that the signing of 5 contract appendices by Nha Be District Public Service One Member Co., Ltd. with Viet Thang private enterprise to continue extending the lease term of a large land area (about 229,978m2) in Hiep Phuoc commune (Nha Be district) until June 2023 was not in accordance with regulations.

At all 3 public lands mentioned above, recently, the Chairman of the People's Committee of Ho Chi Minh City has directed the Chairman of the People's Committee of Nha Be District to terminate the association between Nha Be District Vocational Training Center and Thanh Cong Private Vocational Training Center at the public land on Nguyen Van Tao Street (Long Thoi Commune) due to non-compliance with regulations. At the same time, the People's Committee of Ho Chi Minh City requested to liquidate the contract and reclaim the land.

Regarding the 2.3-hectare land plot in Nhon Duc commune, the Ho Chi Minh City People's Committee also assigned the Director of the Department of Natural Resources and Environment to preside over and coordinate with relevant agencies to conduct an inspection and review of the entire process of Nha Be District People's Committee allowing Dong Mekong Company to temporarily use this land plot. In addition, the management and use of a large land plot in Hiep Phuoc commune leased by Nha Be District Public Service Company Limited to Viet Thang private enterprise is also required to be reviewed and reported to the City People's Committee for consideration and handling according to regulations.

Not only in Nha Be district, at the end of February 2024, the Ho Chi Minh City Inspectorate announced the inspection conclusion on a number of errors and violations in the management and use of houses and land managed by the State in Binh Thanh district in the period of 2021 - 2022. The Chief Inspector of Ho Chi Minh City made recommendations and the Chairman of the City People's Committee concluded and directed, assigning the Chairman of the Binh Thanh District People's Committee to organize a review of the relevant collectives and individuals.

Mr. Vo Van Hoan - Vice Chairman of the Ho Chi Minh City People's Committee said that currently, when public agencies and units enter into joint ventures or partnerships with other units or private entities, they are managed as public management. However, the joint venture and partnership process is carried out according to contracts and when inspected, it is handled according to public management. "Every penny of the State's participation is also public management, it must be declared, and many procedures must be carried out. And when dealing with violations, we also use all legal regulations on public management to handle them while they manage the contract" - Mr. Hoan shared.

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