The Government issued Decree No. 186/2025/ND-CP detailing a number of articles of the Law on Management and Use of Public Assets, effective from July 1, 2025.

- Assign, purchase, lease, exploit, manage, operate, convert functions, and handle public assets at agencies, organizations, and units; use public assets at public service units for business purposes, lease, joint ventures, and associations; manage and use the proceeds from exploiting and handling public assets at agencies, organizations, and units; determine the value of land use rights to calculate into the asset value of agencies, organizations, and units.

- Purchase, lease, and approve asset handling plans for projects using state capital.

- Management and use of public assets assigned by the State to enterprises for management, excluding the State capital component in the enterprise.

- Exploiting digital warehouses to serve state management.

- Financial tools for risk management of public assets.

This Decree annuls the following legal documents:

- Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Assets .

- Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government amending and supplementing a number of articles of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Assets .

- Decree No. 50/2025/ND-CP dated February 28, 2025 of the Government 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 .

- Clause 2, Article 14 of Decree No. 125/2025/ND-CP dated June 11, 2025 of the Government regulating the division of authority of local authorities at 02 levels in the field of state management of the Ministry of Finance .

- Article 3 of Decree No. 127/2025/ND-CP dated June 11, 2025 of the Government regulating the decentralization of state management authority in the field of management and use of public assets.

Decree 186/2025/ND-CP dated July 1, 2025 of the Government clearly stipulates the contents of the authority to handle public assets at state agencies: Authority to decide to recover public assets (Article 17), Authority to decide to transfer public assets (Article 20), Authority to decide to sell public assets (Article 22), Authority to decide to liquidate public assets (Article 28), Authority to decide to destroy public assets at state agencies (Article 32), Authority to decide to handle public assets in case of loss or destruction (Article 34), Authority to decide to transfer public assets to local management and use (Article 36). In some contents, the Chairman of the Provincial People's Committee has the right to decide or delegate the decision to handle public assets.

In particular, regulations on the sale and liquidation of public assets are clarified, aiming to increase efficiency and transparency in the process of handling public assets.

Regulations on authority and procedures for selling public assets

Article 22 of Decree 186/2025/ND-CP clearly states that the authority to decide on the liquidation of public assets in the form of selling public assets is implemented according to the provisions of Article 28 of the Decree. For the cases specified in Points a, b and c, Clause 1, Article 43 of the Law on Management and Use of Public Assets, the authority is decentralized as follows: The Chairman of the Provincial People's Committee has the right to decide or delegate the decision to sell fixed assets at state agencies under the management of the locality; The Chief of the Provincial People's Council Office decides to sell assets managed and used by the Provincial People's Council Office; The agency with public assets decides to sell fixed assets according to the decentralized authority and public assets that are not fixed assets.

Regarding the order and procedures for selling public assets, the agency with public assets will prepare a proposal for sale and send it to the superior management agency (if any) for consideration and request the competent authority to decide. Within 20 days of receiving a complete and valid dossier, the competent authority will issue a decision on the sale or issue a written response if the proposal is not appropriate.

The competent authority shall assign the agency with public assets or the agency assigned to manage public assets to be responsible for organizing the sale of assets. The Decree also clearly stipulates cases of extending the sale period if it has not been completed, or handling in other forms if the sale is not continued. Within 30 days from the completion of the sale, the agency with assets must account for the decrease in assets and report the change declaration.

Regulations on authority and procedures for liquidation of public assets

Decree 186/2025/ND-CP stipulates two forms of public asset liquidation: Sale and Demolition and cancellation.

Article 28 of the Decree stipulates the authority to decide on liquidation of public assets in the cases specified in Clause 1, Article 45 of the Law. Accordingly, the Chairman of the Provincial People's Committee decides or delegates the decision on liquidation of fixed assets at state agencies under the management of the locality; the Chief of the Provincial People's Council Office decides on liquidation of assets managed and used by the Provincial People's Council Office; the agency with public assets decides on liquidation of fixed assets according to decentralization and public assets that are not fixed assets.

The order and procedures for liquidating public assets are carried out when the asset has expired, is damaged beyond effective repair (repair costs are greater than 30% of the original price), or must be demolished to carry out a project or clear the site. The agency that owns the asset will prepare a liquidation request file and send it to the superior (if any) for consideration and decision.

Within 20 days from the date of receipt of a complete and valid dossier, the competent authority shall issue a liquidation decision or reply in writing. After the liquidation decision is issued, the agency with the assets shall organize the liquidation within 60 days (for houses and assets attached to land) or 30 days (for other assets).

The Decree also has separate provisions for cases where assets must be demolished or destroyed to implement investment projects or clear land when the State reclaims land, the unit does not have to carry out procedures to report the liquidation decision. The demolition and destruction costs will be included in the project costs, and the amount collected from recovered materials and supplies will be managed according to project regulations or paid to the state budget.

  The new regulations in Decree 186/2025/ND-CP dated July 1, 2025 of the Government are expected to contribute to optimizing state resources, ensuring publicity and transparency, and contributing to improving efficiency in the management and use of public assets.

In order to promptly and effectively implement regulations on management and use of public assets, the Ministry of Finance issued Official Dispatch No. 10437/BTC-QLCS dated July 10, 2025 on the implementation of Decree No. 186/2025/ND-CP dated July 1, 2025 of the Government. The People's Committee of Lang Son province issued Official Dispatch No. 1528/UBND-KTTH dated July 16, 2025 implementing Decree No. 186/2025/ND-CP dated July 1, 2025 of the Government detailing a number of articles of the Law on Management and Use of Public Assets, directing agencies and units to focus on performing well a number of tasks, and in the process of implementation, promptly report to the Provincial People's Committee (through the Department of Finance) to direct the resolution of difficulties and problems beyond their authority./.

Dinh Hien - Quality Management and Customer Service Department

Source: https://sotc.langson.gov.vn/tin-tuc-su-kien/tin-hoat-dong/chinh-phu-ban-hanh-nghi-dinh-so-186-2025-nd-cp-quy-dinh-chi-tiet-mot-so-dieu-cua-luat-quan-ly-su-dung-tai-san-cong-co-hi.html