Handling public assets when agencies merge or terminate operations

From March 1, the new agencies and units will officially come into operation after a period of urgent arrangement and streamlining of the apparatus.

The process of streamlining the apparatus has significantly reduced the number of units and agencies, of which the Government apparatus for the 2021-2026 term has been streamlined to 14 ministries, 3 ministerial-level agencies (reduced by 5 ministries and branches) and 5 agencies under the Government (reduced by 3 agencies).

Along with the Central Government, the apparatus of Party agencies and new administrative agencies of localities across the country officially came into operation from March 1.

One of the important tasks that agencies and localities must carry out is to handle public assets in cases of merger, consolidation, separation, dissolution, and termination of operations.

Regarding this issue, the Government has just issued Decree No. 50/2025/ND-CP dated February 28, 2025 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.

State agencies subject to merger, consolidation, separation, dissolution, and termination of operations are responsible for conducting inventories and classifying assets under the management and use rights of the agency; responsible for handling assets discovered to be excess/minute through inventory according to the provisions of law.

For assets not owned by the agency (held, borrowed, leased, etc.), the state agency shall handle them in accordance with the provisions of relevant laws.

In case of merger or consolidation (including the establishment of a new agency or unit on the basis of reorganizing existing agencies and units), after the merger or consolidation, the legal entity will inherit the right to manage and use the assets of the merged or consolidated agency.

Must be responsible for arranging the use of assets according to standards and norms for the use of public assets; managing and using public assets according to the provisions of law.

Determine surplus assets (no longer needed under the new apparatus) or those that must be handled according to the provisions of law and this decree to prepare a dossier, report to competent authorities and individuals for consideration and decision on handling according to the provisions of law.

Continue to implement the unfinished contents for assets that have been handled by competent agencies and individuals before the merger or consolidation, but by the time of the merger or consolidation, the state agency that is merged or consolidated has not yet been handled.

In case of division, the state agency subject to division is responsible for developing an existing property division plan and assigning the responsibility of handling assets in the process of being processed to the new entities after division, reporting to the competent authority and person for approval of the division decision.

After completing the separation, the new legal entities are responsible for arranging the use of assets according to the standards and norms for using assets and completing the handling of assets in the process of being handled according to assigned responsibilities.

Ministers and People's Councils at the provincial level decide or delegate authority to decide on the purchase of public assets.

Ministers, heads of central agencies, and provincial People's Councils decide or delegate authority to decide on leasing assets for the operation of state agencies under the management of ministries, central agencies, and localities.