Competence to approve schemes for renting public properties

Sat, 29 Feb 2020 14:13:00  |  Print  |  Email   Share:

The determination of assets of great value to determine the competence to approve the Scheme "Using public assets at public non-business units under the management of localities for lease purposes" shall be decided by the provincial People's Committees.

According to Ms. Truong Thi Huyen (in Son La Province), Article 46 of Decree No. 151/2017 / ND-CP dated December 26, 2017 of the Government stipulates: “2. Based on the proposal of using public property for lease purpose approved by the competent agency or person as prescribed in Article 44 of this Decree, the head of public non-business unit shall make specific decisions on the lease. public property".

Ms. Huyen would like to ask, how much is the value of the property under the deciding competence of the Chairman of the Provincial People's Committee?

Regarding this issue, The Ministry of Finance gives the following opinions:

In Clause 2, Article 57 of the Law on Management and Use of Public Property stipulates:

" Article 57. Use of public property of public service providers for lease

2. Power to approve plans for the lease of public property of public service providers:

a) Ministers, heads of central authorities and chairmen of People’s Committees of provinces shall approve plans towards property which is public service facilities; other property with high value as prescribed by the Government;

b) Management councils or heads of public service providers shall approve plans towards property that is not specified in Point a of this Clause.

3. Form of lease and property rental:

a) The property which is a public service facility and other property with high value as prescribed by the Government shall be leased out in the form of an auction; property rental shall be the final bid;

b) The property that is not specified in Point a this Clause shall be leased out by negotiation; property rental shall be negotiated by and between the lessor and the lessee according to the rental listed on the market of the property with the same type or the property having the same specification, quality or origin.

By: Online Newspaper of the Government / Translator: HaiYen-Bizic

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