(Chinhphu.vn) - The company was equitized from 2010 and 2015 when the city leased new land, signed a land lease contract with annual payment of the enterprise's own money, the house and this land are not within the scope of re –arrangement and handling according to the Decree 167/2017 / ND-CP.

According to Mr. Nguyen Phuong (in Hanoi), he refered to Point a, Clause 2, Article 1 of the Decree No. 167/2017 / ND-CP stipulating the re-arrangement and handling of public property, then the house and land are not under the scope of the provisions of this decree including: "Houses and land of joint-stock companies allocated or leased land by the State after receiving the equitization plans approved by competent authorities".

Mr. Phuong would like to ask, for equitized companies from 2010 to until 2015, when the city leases land and signs land lease contracts with annual payments of enterprises, washe land area subject to adjustment of arranging and handling public assets?

Regarding this issue,The Ministry of Finance has the following opinions

In Clause 2, Article 1 of the Decree No. 167/2017 / ND-CP dated December 31, 2017 of the Government on re-arranging and handling public assets:

"2. Houses and land are not covered by this Decree include:

a / Houses and land of joint-stock companies, which are assigned or leased land by the State, or legally transferred after the equitization plans are approved by competent authorities;

b) Houses, land rented, sub-leased, received capital contribution, kept or borrowed from other organizations and individuals, other houses and land are not owned by agencies, organizations, units or enterprises. "

Based on the above provisions, for joint-stock companies to be equitized from 2010 to until 2015, the city will lease new land and sign annual land lease contracts with enterprises paid annually. This house and land are not within the scope of reorganization and handling in accordance with the Government's Decree No. 167/2017 / ND-CP.

Houses and leased land of other organizations and individuals are not within the scope of reorganization and handling according to the provisions of the Decree No. 167/2017 / ND-CP; houses and land leased by the State to agencies, organizations and units within the scope of reorganization and handling according to the provisions of the Decree No. 167/2017 / ND-CP.

If the State's non-business units are leased by the State with a land plot to be paid annually for operation, such land area shall be subject to the arrangement and handling of public properties according to the provisions of the Decree No. 167/2017 / ND-CP of the Government.