The Government has just issued Decree No. 50 amending and supplementing a number of articles of the Decrees detailing a number of articles of the Law on Management and Use of Public Assets.
Decree No. 50 amends and supplements regulations on handling public assets in cases of merger, consolidation, separation, dissolution, and termination of operations.
In particular, State agencies that are subject to merger, consolidation, separation, dissolution, or termination of operations are responsible for inventorying and classifying assets under the management and use of the agency; and are responsible for handling assets found to be in excess/deficient through inventory according to the provisions of law.
According to regulations, after a merger or consolidation, a legal entity inherits the right to manage and use the assets of the merged or consolidated agency (Illustration photo).
For assets that do not belong to the agency (assets kept on behalf of others, borrowed assets, rented assets from other organizations or individuals...), the State agency shall handle them according to the provisions of relevant laws.
In case of merger or consolidation (including the establishment of new agencies or units on the basis of reorganizing existing agencies or units), the legal entity after the merger or consolidation shall inherit the right to manage and use the assets of the merged or consolidated agency.
This legal entity is responsible for arranging the use of assets according to standards and norms for the use of public assets; and implementing the management and use of public assets according to the provisions of law.
Identify surplus assets (no longer needed for use according to functions, tasks, and new organizational structure) or those that must be handled according to the provisions of the Law and this Decree to prepare records and report to competent agencies and individuals for consideration and decision on handling according to the provisions of law.
Continue to carry out unfinished contents for assets that have been decided to be handled by competent agencies and individuals before the merger or consolidation, but by the time of the merger or consolidation, the merged or consolidated State agency has not yet completed the handling.
In case of separation, the State agency subject to separation is responsible for preparing a plan to divide existing assets and assign responsibility for handling assets in the process of being handled to the new legal entities after separation, and reporting to the agency or person with authority to decide on separation for approval.
After completing the separation, the new legal entities are responsible for arranging the use of assets according to standards and norms for asset use and completing the handling of assets in the process of being handled according to assigned responsibilities.
For surplus assets or assets that must be handled according to the provisions of the Law and this Decree, the new legal entity is responsible for preparing records and reporting to competent authorities and persons for consideration and decision on handling according to regulations.
In case of termination of operations or transfer of functions and tasks to other agencies, organizations and units, based on the policy of the competent agency or person, the State agency whose operations are terminated shall preside over and coordinate with the agencies, organizations and units receiving the functions and tasks to develop a plan for asset division in accordance with the transferred tasks and the actual status of the assets to be incorporated into the project/plan for organizational arrangement; submit to the competent agency or person for approval.
After receiving the task according to the project/plan for organizational arrangement, the agency, organization or unit receiving the task is responsible for implementing points a, b and c above.
In case of dissolution or termination of operation that is not within the scope of provisions in Clause 4 above, after the Decision on dissolution or termination of operation of the agency or competent person is issued, the dissolved or terminated state agency shall be responsible for handing over assets to the superior management agency or another agency assigned to receive the assets.
The agency assigned to receive assets is responsible for, based on the provisions of the Law and this Decree, preparing a report to the competent agency or person for consideration and decision on handling, and on that basis organizing the handling of assets according to regulations.
For assets that have been decided to be handled by the competent authority or person before dissolution or termination of operation, but by the time of dissolution or termination of operation, the dissolved or terminated state agency has not completed the handling, the agency assigned to receive the assets is responsible for continuing to carry out the unfinished contents.
Decree No. 50 also amends and supplements Clause 2, Article 3 of Decree No. 151/2017/ND-CP on procurement of public assets serving the operations of State agencies.
Accordingly, the authority to decide on the procurement of public assets in cases where it is not necessary to establish an investment project is implemented as follows: The Minister or Head of a central agency decides or delegates the authority to decide on the procurement of public assets to serve the operations of state agencies under the management of the ministry or central agency.
The People's Council at the provincial level decides or delegates the authority to decide on the procurement of public assets to serve the operations of state agencies under the management scope of the locality.
Regarding the lease of assets serving the operations of State agencies, Decree No. 50 supplements a number of clauses of Article 4 of Decree No. 151/2017/ND-CP.
Ministers and Heads of central agencies decide or delegate authority to decide on leasing assets to serve the operations of state agencies under the management of ministries and central agencies.
The People's Council at the provincial level decides or delegates the authority to decide on leasing assets to serve the operations of state agencies under the management scope of the locality.
Source: https://www.baogiaothong.vn/quy-dinh-moi-ve-xu-ly-tai-san-cong-sau-tinh-gon-bo-may-192250301122522016.htm
Comment (0)