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List of new administrative procedures in the field of market infrastructure assets

Báo Công thươngBáo Công thương11/07/2024


The Ministry of Industry and Trade has just issued Decision 1825/QD-BCT regulating the announcement of newly issued administrative procedures in the field of market infrastructure assets invested and managed by the State.

Chợ Nghĩa Tân (quận Cầu Giấy, Hà Nội)
Nghia Tan Market (Cau Giay District, Hanoi )

Accordingly, the procedure for handing over market infrastructure assets managed by the provincial level is as follows:

Step 1: The project investor (for newly invested and constructed market infrastructure assets), the unit in charge of asset management (for market infrastructure assets with established public ownership rights according to the provisions of Article 106 of the Law on Management and Use of Public Assets) shall send a document with the asset profile to the specialized agency for market infrastructure assets at the provincial level.

Step 2: The specialized agency on market infrastructure assets at the provincial level presides over and coordinates with relevant local agencies and units to submit to the Provincial People's Committee for consideration and decision on asset allocation.

Step 3: From the date of the Decision on handing over market infrastructure assets by the Provincial People's Committee, relevant agencies, units and enterprises shall carry out the handover and receipt of assets.

Direct implementation method. The dossier includes: Submission of the project investor/asset management unit on the transfer of assets to the management subject (1 original); Decision approving the construction investment project (1 original); Document requesting the transfer of assets of the subject (in case of expected transfer of assets to state-owned enterprises or non-public service units) 1 original; List of assets proposed for transfer (name of assets, address, type of construction, year of construction, year of putting into use, area, number of business locations at the market, asset value, assessment of asset status - if any) 1 original; Minutes of acceptance of putting assets into use (for newly invested and constructed assets) 1 original; Decision to establish ownership of the whole people 1 original; Completion dossier 1 copy; other relevant documents 1 copy.

Within 60 days from the date of receiving complete documents, the specialized agency on market infrastructure assets at the provincial level shall preside over and coordinate with relevant local agencies and units to submit to the Provincial People's Committee for consideration and decision on asset transfer.

Within 30 days from the date of the Decision on handing over market infrastructure assets of the Provincial People's Committee, relevant agencies, units and enterprises shall carry out the handover and receipt of assets.

With the assignment of market infrastructure to district level for management, the implementation procedure is as follows:

Step 1: The project investor (for newly invested and constructed market infrastructure assets), the unit in charge of asset management (for market infrastructure assets with established public ownership rights according to the provisions of Article 106 of the Law on Management and Use of Public Assets) shall send a document with the asset profile to the district-level market infrastructure asset professional agency.

Step 2: The specialized agency on market infrastructure assets at the district level presides over and coordinates with relevant local agencies and units to submit to the district People's Committee for consideration and decision on asset allocation.

Step 3: From the date of the Decision on handing over market infrastructure assets by the District People's Committee, relevant agencies, units and enterprises shall carry out the handover and receipt of assets.

Regarding the composition and number of documents, they are as follows: 1 original copy of the project investor's report/asset management unit's proposal on the transfer of assets to the management subject; 1 original copy of the decision approving the construction investment project; 1 original copy of the request for asset transfer; 1 original copy of the list of assets proposed for transfer; 1 original copy of the acceptance record for putting assets into use; 1 original copy of the decision to establish ownership rights of the entire people; 1 copy of the completion dossier; 1 copy of other relevant documents.

Within 60 days from the date of receiving complete documents, the specialized agency on market infrastructure assets at the district level shall preside over and coordinate with relevant local agencies and units to submit to the Provincial People's Committee for consideration and decision on asset transfer.

Within 30 days from the date of the Decision on handing over market infrastructure assets of the District People's Committee, relevant agencies, units and enterprises shall carry out the handover and receipt of assets.

Regarding the recovery of market infrastructure assets, the implementation procedure is as follows:

Step 1: Agencies, units, and enterprises with assets prepare a request for asset recovery and send it to the specialized agency on market infrastructure assets at the same level.

Step 2: The specialized agency on market infrastructure assets presides over and coordinates with relevant agencies and units to report to the People's Committee at the competent level for consideration and decision on revocation.

Step 3: From the date of receiving the complete prescribed documents, the People's Committee at the competent level shall consider and issue a Decision to recover market infrastructure assets or issue a written response in case the request for recovery of assets is not appropriate.

The implementation method is direct. Agencies, units and enterprises with assets prepare a dossier requesting asset recovery and send it to the specialized agency on market infrastructure assets at the same level. The dossier includes: 1 original copy of the document requesting asset recovery; 1 copy of the list of assets proposed for recovery.

Within 45 days from the date of receiving the complete prescribed documents, the specialized agency on market infrastructure assets shall preside over and coordinate with relevant agencies and units to report to the People's Committee at the competent level for consideration and decision on revocation.

Within 30 days from the date of receiving the complete prescribed documents, the People's Committee at the competent level shall consider and issue a Decision to recover market infrastructure assets or issue a written response in case the request for recovery of assets is inappropriate.

The legal basis of the administrative procedure is Decree No. 60/2024/ND-CP dated June 5, 2024 of the Government on market development and management.

The Decision takes effect from August 1, 2024.



Source: https://congthuong.vn/danh-muc-thu-tuc-hanh-chinh-moi-trong-linh-vuc-tai-san-ket-cau-ha-tang-cho-331386.html

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