Amending and supplementing a number of new regulations on management and use of public assets

In particular, Decree No. 114/2024/ND-CP amends Article 3 of Decree No. 151/2017/ND-CP on procurement of public assets serving the operations of state agencies.

According to the new regulations, the authority, order and procedures for deciding on the procurement of public assets in cases where a project must be established shall be implemented in accordance with the provisions of other relevant laws.

The authority to decide on the purchase of public assets in cases not within the scope of the above regulations is implemented as follows:

- Ministers, Heads of ministerial-level agencies, Government agencies, and other central agencies (Ministers, Heads of central agencies) prescribe the authority to decide on the procurement of public assets to serve the operations of state agencies under the management of ministries and central agencies.

- The People's Council at the provincial level prescribes the authority to decide on the procurement of public assets to serve the operations of state agencies under the management scope of the locality.

Decree No. 114/2024/ND-CP stipulates that based on the scope of the assigned budget estimate and the permitted funding sources, state agencies shall organize the procurement of assets in accordance with the provisions of the law on bidding.

The organization of centralized asset procurement is carried out in accordance with the provisions of the law on bidding and the provisions of Chapter VI of this Decree.

The purchase of assets specified above does not include the purchase of services serving the operations of state agencies. The purchase of services serving the operations of state agencies shall be carried out in accordance with the provisions of relevant laws.

Supplementing regulations on purchasing, managing and using public assets as consumables

At the same time, Decree No. 114/2024/ND-CP also adds Article 3a regulating the purchase, management and use of public assets as consumables serving the activities of state agencies.

Specifically, consumables are raw materials, medicines, biological products, supplies, materials, stationery and other items that, after being used once, lose or do not retain their original properties, shape and functionality.

Authority to decide on the purchase of consumables: Ministers and heads of central agencies shall prescribe the authority to decide on the purchase of consumables serving the operations of state agencies under the management of ministries and central agencies.

Provincial People's Councils prescribe the authority to decide on the purchase of consumables serving the operations of state agencies under local management.

Based on usage needs, allocated budget estimates and permitted funding sources, state agencies shall organize the purchase of consumables in accordance with the provisions of the law on bidding.

For consumables lost during use, the state agency managing and using the consumables does not have to handle them. For consumables not lost during use, the state agency managing and using the consumables must destroy them after their expiry date or value has expired.

Amendment of regulations on leasing assets serving the operations of state agencies

In addition, Decree No. 114/2024/ND-CP also amends Article 4 of Decree No. 151/2017/ND-CP on leasing assets serving the operations of state agencies.

Regarding the authority to decide on asset leasing, Decree No. 114/2024/ND-CP stipulates that the Minister and Head of a central agency shall prescribe the authority to decide on asset leasing to serve the operations of state agencies under the management of the ministry or central agency.

Provincial People's Councils prescribe the authority to decide on leasing assets to serve the operations of state agencies under local management.

Based on the scope of the assigned budget estimate and the permitted funding sources, state agencies shall organize the lease of assets in accordance with the provisions of the law on bidding.

The leasing of assets serving the operations of state agencies as prescribed in this Article does not include the leasing of information technology services and other services serving the operations of state agencies. The leasing of information technology services and other services serving the operations of state agencies shall be carried out in accordance with the provisions of law on management of investment in information technology applications using state budget funds and relevant laws.

Phuong Nhi

Source: https://kinhtedothi.vn/sua-doi-bo-sung-mot-so-quy-dinh-moi-quan-ly-su-dung-tai-san-cong.html