Strengthening management, improving efficiency in using and handling houses and land at state-owned enterprises

Prime Minister Pham Minh Chinh signed Directive No. 47/CT-TTg directing to strengthen management, improve efficiency in use, and handle houses and land at state-owned enterprises.

On November 29, 2024, at the 8th Session, the 15th National Assembly passed the Law amending and supplementing a number of articles of 9 Laws (Law 56/2024/QH15), in which, Clause 22, Article 5 of the Law stipulates: "It is not necessary to rearrange houses and land according to the provisions of law on management and use of public assets for houses and land managed and used by enterprises".

Urgently complete the draft Decree regulating the rearrangement and handling of public assets.

To ensure the management, use and handling of houses and land at state-owned enterprises for the right purposes, effectively, in accordance with the law, avoiding loss and waste, the Prime Minister requests ministries, branches, localities, state ownership representative agencies, and state-owned enterprises to strictly implement the provisions of the law on land, the law on management and use of state capital invested in production and business, the law on auction, and the law on equitization; focusing on the following key tasks and solutions:

The Ministry of Finance urgently completes the draft Decree regulating the rearrangement and handling of public assets, submits it to the Government for promulgation in December 2024, which specifically stipulates the transitional handling of the rearrangement and handling of houses and land at enterprises.

The Ministry of Finance shall amend and supplement within its authority or submit to competent authorities for amendment and supplement of legal provisions on enterprise equitization to ensure consistency and consistency with legal provisions on land and other relevant laws; including the Decree amending and supplementing the Government's Decree on converting state-owned enterprises and single-member limited liability companies with 100% charter capital invested by state-owned enterprises into joint stock companies, to be submitted to the Government for promulgation in December 2024.

Regularly review and evaluate land management and use regimes of economic organizations.

The Prime Minister assigned the Ministry of Natural Resources and Environment to amend and supplement regulations guiding the content of land use plans, and to prepare and approve land use plans when equitizing state-owned enterprises, to be completed in 2024.

The Ministry of Natural Resources and Environment regularly reviews and evaluates the land management and use regime of economic organizations (including state-owned enterprises) according to the provisions of the law on land to amend and supplement according to its authority or report to competent authorities for appropriate amendments and supplements, ensuring strict management and effective use of land used by state-owned enterprises.

Direct relevant localities and units to review land use plans after equitization of state-owned enterprises, and resolve difficulties and problems (if any) in land management and use of state-owned enterprises.

Resolutely reclaim land from state-owned enterprises that use land for the wrong purpose.

For local authorities, the Directive clearly states that People's Councils at all levels exercise the right to supervise the management and use of land at state-owned enterprises in accordance with the provisions of the Constitution, the Law on Supervisory Activities of the National Assembly and People's Councils, and the Law on Organization of Local Government.

People's Committees at all levels are responsible for: Managing land in the locality according to the authority and responsibility prescribed by the 2024 Land Law and detailed implementing documents; directing the review to complete legal documents on land (signing land lease contracts, granting certificates of land use rights and ownership of assets attached to land) of state-owned enterprises according to the provisions of the law on land, ensuring the prescribed time, avoiding causing inconvenience and difficulties for enterprises.

People's Committees at all levels shall direct the receipt of houses and land of state-owned enterprises whose recovery plans have been approved by competent authorities, and transfer them to local management and handling in accordance with the provisions of law; avoid pushing, prolonging implementation time, and causing waste.

Resolutely reclaim land from state-owned enterprises that use land for purposes other than those assigned, leased, or recognized by the State for land use rights; lend or lease land not in accordance with regulations; land assigned to the State for management but encroached or occupied; not putting land into use or delaying the progress of land use compared to the progress recorded in the investment project; not fulfilling financial obligations to the State; reducing or no longer needing to use land and other cases as prescribed by the law on land,...

People's Committees at all levels shall conduct inspections, checks, promptly detect and strictly handle violations in land management and use at state-owned enterprises in accordance with the provisions of law to ensure publicity, transparency, and avoid loss, waste and negativity.

Stop using houses and land for the purposes of renting, lending, arranging for housing, joint ventures, associations,... not in accordance with regulations.

The Prime Minister requests the representative agency of state-owned enterprises to direct state-owned enterprises to strictly comply with the provisions of the law on land, the law on management and use of state capital invested in production and business at enterprises, the law on auction, the law on equitization and other relevant laws; implement or request competent state agencies to supervise, inspect and examine the implementation of policies and laws on management and use of houses and land at state-owned enterprises and handle violations according to the provisions of law.

The legal representative of a state-owned enterprise and the competent authority making decisions according to the provisions of the enterprise's Charter are responsible to the State for the land use of their enterprise.

For state-owned enterprises managing and using houses and land, the Prime Minister requires: Use land for the right purpose, within the right land plot boundaries as prescribed; declare and register land; fulfill financial obligations regarding land in accordance with regulations; hand over land when the State reclaims land and other obligations as prescribed by law. The legal representative of a state-owned enterprise is responsible to the State for the use of land by his/her enterprise.

The change of land use purpose, the transfer of land use rights, the sale of assets attached to land and the exercise of other land rights in accordance with the provisions of the law on land and other relevant laws must ensure publicity and transparency. In case the land use term expires without extension, reduction or no longer being needed, the land must be returned to the State for the State to reclaim in accordance with the provisions of the law on land.

State-owned enterprises that manage and use houses and land shall sell fixed assets of the enterprise through auctions in accordance with the provisions of the law on auctions, land law, law on management and use of state capital invested in production and business at enterprises and other relevant laws.

When implementing equitization, the enterprise is responsible for reviewing the entire land area under management and use to develop a land use plan in accordance with the provisions of the law on land and the law on equitization; the equitized enterprise is responsible for managing and using land in accordance with the provisions of the law and the land use plan approved by the competent authority.

State-owned enterprises managing and using houses and land must review the management and use of houses and land to ensure compliance with legal regulations, thrift, and prevention of loss, corruption, negativity, and waste; stop using houses and land for the purposes of renting, lending, arranging for housing, joint ventures, associations, etc., not in accordance with regulations; handle the responsibilities of collectives and individuals.

Strengthen inspection and examination of management, use and handling of houses and land at enterprises.

The Government Inspectorate and competent inspection and examination agencies shall strengthen the inspection and examination of the management, use and handling of houses and land at enterprises.

Ministries, central agencies, and provincial People's Committees shall coordinate with agencies of the National Assembly, National Assembly delegations, People's Councils of provinces and centrally run cities, the Vietnam Fatherland Front, socio-political organizations, and mass organizations to supervise the implementation of laws on management and use of houses and land at state-owned enterprises to ensure compliance with legal provisions.

Source: https://baohanam.com.vn/kinh-te/tang-cuong-quan-ly-nang-cao-hieu-qua-su-dung-xu-ly-nha-dat-tai-doanh-nghiep-nha-nuoc-142581.html