According to Article 6 of Decree No. 60/2021/ND-CP of the Government on the mechanism of financial autonomy of public service units regarding public service activities not using state budget: "Public service units are allowed to autonomously use assets and resources at the unit to provide public services not using the state budget, suitable to the authorized professional fields entrusted."

Mr. Thuy asks whether he needs to prepare a project proposal for the use of public assets in business activities as stipulated in Clause 1, Article 56 of the Law on Management of State Assets promulgated by a competent authority or not.

Regarding this issue, the Ministry of Finance responds as follows:

In Clause 3, Article 55; Clause 1, Article 56 of the Law on Management and Use of State Assets stipulate:

"Article 55. General regulations on the use of state assets in public service units for business, leasing, joint ventures, and cooperation:

...3. Public service units using state assets for business, leasing, joint ventures, and cooperation have the responsibility to:

a) Prepare a project proposal for the use of state assets for business, leasing, joint ventures, and cooperation to report to the competent authorities for decision-making;

b) Organize the implementation of the approved project proposal;

c) Update information on the use of state assets for business, leasing, joint ventures, and cooperation in the National Database on State Assets;

d) Fulfill all requirements stipulated in Clause 2 of this Article.

Article 56. Use of state assets in public service units for business purposes

1. Public service units are allowed to use state assets for business purposes in the following cases:

a) Assets assigned, invested in construction, or purchased to fulfill state-assigned tasks but not fully utilized;

b) Assets invested in construction or purchased under projects approved by competent agencies or individuals to serve business activities without state budget investment."

In Clause 1 of Article 6 of Circular No. 144/2017/TT-BTC dated December 29, 2017, of the Minister of Finance stipulates:

"Article 6. Use of state assets in public service units for business, leasing, joint ventures, and cooperation

State assets in public service units can be used for business, leasing, joint ventures, and cooperation purposes if they meet one of the cases specified in Clause 1 of Article 56, Clause 1 of Article 57, and Clause 1 of Article 58 of the Law on Management and Use of State Assets, while meeting the requirements stipulated in Clause 2 of Article 55 of the Law on Management and Use of State Assets, and Clause 1, Clause 2 of Article 43 of Decree No. 151/2017/ND-CP. Assets must be identified to meet the designated purposes, investment in construction, purchase, suitable for the functions, tasks of the unit, serving the unit's functions, tasks, and auxiliary activities directly supporting the implementation of the unit's functions, tasks as follows:

1. For public service units in the health sector:

a) Assets serving the functions, tasks of the unit include: medical examination, treatment activities, scientific research, training in the health sector, and other activities as prescribed for the functions, tasks of the unit approved by competent authorities;

b) Assets serving auxiliary activities directly supporting the implementation of functions, tasks include: providing catering, guarding, parking for officials, civil servants, employees of the unit, patients, patient relatives, visitors for transactions, work; introduction, display, business, supply of products in the health sector; laundry, disinfection, hygiene; accommodation services for patient relatives."

Based on the above provisions, in cases where public service units use state assets for business, leasing, joint ventures, and cooperation, they must prepare a project proposal for the use of state assets for business, leasing, joint ventures, and cooperation to report to the competent authorities for decision-making according to the provisions of the law on state assets (Law on Management and Use of State Assets, Decree No. 151/2017/ND-CP dated December 26, 2017, of the Government, Circular No. 144/2017/TT-BTC dated December 29, 2017, of the Minister of Finance, and related documents).