The Government issued Decree No. 186/2025/ND-CP detailing a number of articles of the Law on Management and Use of Public Assets.
Regarding the authority to decide on the sale of public assets, the Decree regulating the authority to decide on the liquidation of public assets in the form of sale is implemented according to the provisions of Article 28 of Decree No. 186/2025/ND-CP on the authority to decide on the liquidation of public assets.
The authority to decide on the sale of public assets in cases specified in Points a, b and c, Clause 1, Article 43 of the Law is stipulated as follows:
Ministers and heads of central agencies decide or delegate authority to decide on the sale of fixed assets at state agencies under the management of ministries and central agencies.
The Chairman of the Provincial People's Committee decides or delegates the authority to decide on the sale of fixed assets to 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.
Agencies with public assets decided to sell: Public assets are fixed assets under the authority of Ministers, heads of central agencies, and Chairmen of provincial People's Committees; Public assets are not fixed assets.
Regarding the order and procedures for selling public assets, the Decree stipulates that agencies with public assets falling under the cases specified in Points a, b and c, Clause 1, Article 43 of the law shall prepare a set of documents requesting the sale of public assets and send them to the superior management agency (if there is a superior management agency) for consideration and request the competent authority or person specified in Clause 2, Article 22 of this Decree to consider and decide.
Within 20 days from the date of receipt of complete and valid documents, the competent authority or person specified in Clause 2, Article 22 of Decree No. 186/2025/ND-CP shall consider and decide to sell public assets or have a written response in case the sale proposal is not suitable.
The competent authority or person deciding on the sale of public assets decides to assign the agency with public assets or the agency assigned to perform the task of managing public assets as prescribed in Clause 2 and Clause 3, Article 19 of the Law is responsible for organizing the sale of public assets.
In case the competent authority or person assigns the responsibility of organizing the sale of public assets to the agency assigned to perform the task of managing public assets as prescribed in Clause 2 and Clause 3, Article 19 of the Law, the following principle shall apply:
The agency assigned to perform the task of managing public assets as prescribed in Clause 2, Article 19 of the Law on organizing the sale of public assets decided by the Minister or Head of the central agency.
The agency assigned to perform the task of managing public assets at the provincial level as prescribed in Clause 3, Article 19 of the Law on organizing the sale of public assets decided by the Chairman of the Provincial People's Committee.
The agency assigned to perform the task of managing public assets at the commune level as prescribed in Clause 3, Article 19 of the Law on organizing the sale of public assets decided by the People's Committee at the commune level and the Chairman of the People's Committee at the commune level according to the decentralization of the Chairman of the People's Committee at the provincial level.
Decree 186/2025/ND-CP takes effect from July 1, 2025.
