Amending regulations on handling public assets in cases of merger, consolidation, separation, dissolution, and termination of operations

The Government has just issued Decree No. 50/2025/ND-CP 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.

The Government has just issued Decree No. 50/2025/ND-CP 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.

Illustration photo. (Source: Internet)

Handling of public assets in case of merger, consolidation, separation, dissolution, and termination of operations

Decree No. 50/2025/ND-CP amends and supplements Article 35b of Decree No. 151/2017/ND-CP (supplemented in Clause 27, Article 1 of Decree No. 114/2024/ND-CP) on handling public assets in cases of merger, consolidation, separation, dissolution, and termination of operations. Accordingly:

1. State agencies that are subject to merger, consolidation, separation, dissolution, or termination of operations are responsible for conducting an inventory and classifying assets under the agency's management and use; and are responsible for handling assets found to be in excess/shortage through inventory in accordance with the provisions of law. For assets that are not owned by the agency (assets kept on behalf of others, borrowed assets, rented assets from other organizations or individuals, etc.), state agencies shall handle them in accordance with the provisions of relevant laws.

2. 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 and shall be responsible for:

a. Arrange the use of assets according to standards and norms for the use of public assets; manage and use public assets according to the provisions of law.

b. 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 a dossier and report to the competent authority or person for consideration and decision on handling according to the provisions of law.

c. Continue to implement 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.

3. In case of separation, the state agency subject to separation shall be 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 shall report to the agency or person with authority to decide on separation for approval. After completing the separation, the new legal entities shall be 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 the 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 shall be responsible for preparing a dossier, reporting to the agency or person with authority to consider and decide on handling according to regulations.

4. In case of termination of operations or transfer of functions and tasks to other agencies, organizations and units, based on the policy of the agency or competent 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 current 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 tasks according to the project/plan for organizational arrangement, the agency, organization or unit receiving the tasks shall be responsible for implementing the points a, b and c above.

5. 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 the assets to the superior management agency or another agency assigned to receive the assets. The agency assigned to receive the assets shall be responsible for preparing a report based on the provisions of the Law and this Decree to the competent agency or person for consideration and decision on handling, on that basis, organizing the handling of the assets according to regulations. For assets that have been subject to a Decision on handling by the agency or competent person before the 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 shall be responsible for continuing to implement the unfinished contents.

Ministers and provincial People's Councils decide or delegate authority to decide on the procurement of public assets.

Decree No. 50/2025/ND-CP amending and supplementing Clause 2, Article 3 of Decree No. 151/2017/ND-CP (amended and supplemented in Clause 2, Article 1 of Decree No. 114/2024/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:

Ministers and heads of central agencies decide or delegate 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 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.

Supplementing regulations on leasing and purchasing assets serving the operations of state agencies

Regarding the lease of assets serving the operations of state agencies, Decree No. 50/2025/ND-CP amends and supplements a number of clauses of Article 4 of Decree No. 151/2017/ND-CP (amended and supplemented in Clause 4, Article 1 of Decree No. 114/2024/ND-CP).

Accordingly, the authority to decide on leasing assets is stipulated as follows: The Minister or Head of a central agency decides or delegates the authority to decide on leasing 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 leasing assets to serve the operations of state agencies under the management scope of the locality.

Decree No. 50/2025/ND-CP also supplements regulations on asset leasing. Accordingly, leasing is the act of the leasing agency purchasing assets and paying in advance to the lessor a certain portion of the value of the asset as agreed, the remaining amount is calculated as the asset lease fee to be paid to the lessor within a certain period of time agreed upon by the parties; after the lease term expires and the remaining amount has been paid, the ownership of the asset belongs to the leasing agency and that agency is responsible for accounting for the increase in assets and managing and using the assets in accordance with the provisions of the Law and this Decree.

Source: https://baodautu.vn/sua-quy-dinh-ve-xu-ly-tai-san-cong-trong-truong-hop-sap-nhap-hop-nhat-chia-tach-giai-the-cham-dut-hoat-dong-d250056.html