The National Assembly discussed the draft Law on Management and Use of Public Assets.

BTO-Continuing the 8th Session, this afternoon, October 29, at the National Assembly House, the National Assembly discussed in groups the draft Law on Management and Use of Public Assets. Discussing this draft Law, National Assembly deputies of Binh Thuan province expressed their agreement with the contents of the Government's submission and the review report of the Finance and Budget Committee; at the same time, they gave specific opinions on a number of amendments and supplements to the draft Law.

Proposal not to include infrastructure works at dual-use airports invested by the Ministry of National Defense in the list of special assets

Commenting specifically on Article 5 on the content of amending and supplementing a number of articles of the draft Law, Deputy Head of the National Assembly Delegation of Binh Thuan Province Nguyen Huu Thong said: Pursuant to Resolution 76 dated November 28, 2013 of the Politburo on the implementation of the Resolution of the 11th National Party Congress and the Resolution of the 12th Binh Thuan Provincial Party Congress for the 2010-2015 term and a number of development policies for Binh Thuan Province until 2020. It stated: "Agreeing on the investment policy to build a military and civil airport in Phan Thiet City according to the plan"; Decision of the Prime Minister on approving the Plan for development of aviation transport and approving the investment policy for the military airport project in Phan Thiet, Binh Thuan Province, the Phan Thiet Airport Project has been identified as a dual-use airport, in which the shared items are invested by the Ministry of National Defense and BOT investors invest in civil aviation items.

Deputy Head of the National Assembly Delegation of Binh Thuan Province Nguyen Huu Thong discussed this afternoon, October 29.

Therefore, in order for BOT investors to be able to exploit and use the common infrastructure works in the airport area invested by the Ministry of National Defense at Phan Thiet airport, as well as mobilize private capital to invest in renovating, upgrading and using and exploiting the current airport infrastructure managed by the Ministry of National Defense under the PPP Law (Law on Investment under the Public-Private Partnership method), Deputy Head of the National Assembly Delegation of Binh Thuan province Nguyen Huu Thong proposed to consider and amend Point b, Clause 1, Article 64 and Point d, dd, Clause 2, Article 65 of the Law on Management and Use of Public Assets in the direction of: Not including the aviation infrastructure works invested and managed by the Ministry of National Defense at dual-use airports in the list of special assets that cannot be used for business purposes, leasing, joint ventures, associations and other forms of business. The management, exploitation and protection of dual-use works shall be implemented in accordance with the provisions of the Law on Management and Protection of National Defense Works and Military Zones.

Commenting specifically on the draft Law, according to National Assembly Delegate of Binh Thuan Province Pham Thi Hong Yen, the draft Law stipulates very specific concepts explaining terms related to public assets as well as classifying public assets; in which public assets are understood as assets belonging to infrastructure. Regarding the regulations on assets invested in the people's armed forces, special assets in the people's armed forces units are also public assets used in combat training, combat readiness, and national defense and security operations of the people's armed forces. Regarding this asset, according to the provisions of the Law on Management and Use of Public Assets, it is not allowed to use special assets of armed forces units for the purpose of leasing, joint ventures, and other forms of business.

National Assembly delegate of Binh Thuan province Pham Thi Hong Yen participated in the discussion on the afternoon of October 29.

However, according to delegate Pham Thi Hong Yen, the current reality according to the Government's planning related to the planning of the airport system, by 2050 there will be 14 international airports and 19 domestic airports, all of which are airports with the nature of being airports used for both civil and military purposes. In Binh Thuan, Phan Thiet airport is planned to be a level 4E domestic airport, an airport used for both civil and military purposes in 2018. According to delegate Yen, regarding the content related to civil airports, the Prime Minister is currently also agreeing to allow the use in the form of a BOT contract to conduct investment selection for civil aviation items. However, if according to the provisions of the current law related to the Law on Management and Use of Public Assets, the works invested in and constructed by the Ministry of National Defense at Phan Thiet airport, private investors will not be allowed to exploit and use these structures.

Therefore, in order to facilitate the implementation of the project at airports throughout the system, delegate Yen suggested that the draft law should add a section in Chapter 3 related to the regulations on the management regime as well as the principles of management and use of dual-use works. Regarding the content related to dual-use works, Article 7 of the Law on Management and Protection of National Defense Works and Military Zones, which was passed by the National Assembly at the 6th session and took effect from January 1, 2025, stipulates: “Dual-use works are works used for both military and defense purposes and civil purposes, including dual-use civil works and dual-use national defense works decided by competent authorities when approving investment policies or converting additional purposes of use”. According to delegate Pham Thi Hong Yen, with this regulation, it is clear that the state also encourages the use of civil works as well as encourages dual-use works to be used for both military and civil purposes.

Therefore, if we supplement regulations and management regimes for exploitation and use of dual-use works in the Law on Management and Use of Public Assets, we can exploit resources invested by the State as well as resources from investment forms under public-private partnerships, contract projects under BT contracts or BOT contracts. Therefore, the delegates suggested that the Drafting Committee as well as the Appraisal Agency study and supplement the above contents to solve the problems that are currently stuck in practice.

Minister of Planning and Investment Nguyen Chi Dung explained at the discussion session this afternoon, October 29.

Explaining some proposals of delegates from Binh Thuan province related to dual-use airport projects, Minister of Planning and Investment Nguyen Chi Dung said that the Ministry has researched and proposed plans to submit to the Prime Minister for consideration and adjustment of a number of airports.

Failure to rearrange houses and land according to the provisions of law on management and use of public assets for houses and land of enterprises

Participating in the discussion of the draft Law on Management and Use of Public Assets, National Assembly Delegate of Binh Thuan Province Tran Hong Nguyen expressed his agreement with the provisions at Point b, Clause 22, Article 5 of the draft Law. Accordingly, it is not necessary to rearrange houses and land according to the provisions of the law on management and use of public assets for houses and land of enterprises; the management and arrangement of houses and land of enterprises are carried out according to the provisions on management and use of state capital invested in production and business at enterprises and relevant laws.

National Assembly Delegate of Binh Thuan province Tran Hong Nguyen participated in giving comments on the Draft Law on the afternoon of October 29.

The forms of rearranging and handling of houses and land of enterprises according to the current law on management and use of public assets are regulated similarly to the forms of handling houses and land according to the above laws. However, according to delegate Tran Hong Nguyen, the regulation that the rearranging and handling of houses and land of enterprises must be carried out according to the law on management and use of public assets will create additional procedures when it is necessary to handle houses and land of enterprises. In addition, the authority and some handling contents according to the provisions of the law on management and use of public assets are different from normal cases, leading to overlaps in the application of the law and difficulties in the implementation process.

The need to reorganize and handle state-owned enterprises' houses and land in accordance with the law on management and use of public assets in the past has led to difficulties and "bottlenecks" in the equitization of state-owned enterprises and the implementation of state-owned infrastructure construction investment projects for national and public interests when the project includes state-owned enterprises' houses and land due to the work of reorganizing and handling houses and land being prolonged and in many cases it is impossible to completely handle this work. Therefore, delegate Tran Hong Nguyen agreed with the Government's proposal to amend this content.

Source: https://baobinhthuan.com.vn/quoc-hoi-thao-luan-to-ve-du-an-luat-quan-ly-su-dung-tai-san-cong-125260.html