Handling of state-owned enterprises' houses and lands to ensure proper purposes and effectiveness

(Chinhphu.vn) - The Ministry of Finance requires strict implementation of legal regulations on management, use, and handling of state-owned enterprises' houses and land to ensure proper purposes and efficiency, and to avoid loss and waste.

The Ministry of Finance requires strict implementation of legal regulations on management, use, and handling of state-owned enterprises' houses and land to ensure proper purposes and efficiency, and to avoid loss and waste.

The Ministry of Finance has just issued Official Dispatch No. 9508/BTC-QLCS to the Central Ministries, branches and People's Committees of provinces and centrally-run cities, State-owned corporations and groups established by the Prime Minister , requesting strict implementation of legal provisions on management, use and handling of houses and land of state-owned enterprises to ensure proper purposes, efficiency, and avoid loss and waste.

According to the provisions of Law No. 56/2024/QH15 and Decree No. 03/2025/ND-CP of the Government , the rearrangement and handling of houses and land of enterprises shall not be carried out in accordance with the provisions of the law on management and use of public assets. The management, use and handling of houses and land of enterprises shall be carried out in accordance with the provisions of the law on land, the law on management and use of state capital invested in production and business at enterprises, the law on enterprises and other relevant laws.

Previously, to ensure the management, use and handling of houses and land at state-owned enterprises (SOEs) for the right purposes and effectively, the Prime Minister issued Directive No. 47/CT-TTg dated December 24, 2024 on strengthening management and improving the efficiency of use and handling of houses and land at state-owned enterprises. At the same time, the Ministry of Finance has issued documents with specific instructions on the responsibilities of relevant parties.

In particular, People's Committees at all levels are responsible for directing the review to complete legal documents on land (signing land lease contracts, granting certificates of land use rights, ownership of assets attached to land) of state-owned enterprises according to the provisions of the law on land, ensuring the prescribed time, avoiding causing trouble and difficulties for enterprises.

People's Committees at all levels are responsible for directing the reception of houses and land of state-owned enterprises whose recovery plans have been approved by competent authorities, and transferring them to local management and handling according to the provisions of law; avoiding pushing, prolonging implementation time, and causing waste.

In addition, People's Committees at all levels are responsible for resolutely reclaiming land from state-owned enterprises that do not use land for the purposes assigned, leased, or recognized by the State for land use rights; lend or lease land not in accordance with regulations; land assigned to the State for management but encroached or occupied; do not put land into use or delay the progress of land use compared to the progress recorded in the investment project; do not fulfill financial obligations to the State; reduce or no longer have the need to use land and other cases according to the provisions of the law on land,....

However, according to the reflection of National Assembly deputies, some ministries, central agencies, and state-owned enterprises still have state-owned enterprises' houses and land that have been approved by competent agencies and persons for arrangement and decided to be handled in the form of recovery and transfer to local management and handling many years ago, but the locality has not yet received them. Meanwhile, enterprises still have to pay land rent for those houses and land, causing waste in the use of land resources, reducing the efficiency of production and business activities of enterprises.

In addition, the implementation of administrative procedures on land is slow, businesses cannot complete legal documents on land, sign official land lease contracts, leading to not enjoying preferential policies of the State, not having stable land rents...

Handling responsibility of groups and individuals who push the issue and are slow to implement

In the face of the above situation, the Ministry of Finance requests the People's Committees of provinces and cities to seriously implement the responsibilities assigned in Directive 47/CT-TTg; handle the responsibilities of collectives and individuals who push back and delay the implementation of receiving houses and land of state-owned enterprises with decisions to recover and transfer them to local management and handling; and delay in resolving administrative procedures to complete legal documents on land of state-owned enterprises.

The representative agency of the owner of the SOE shall fully perform the responsibilities prescribed in Directive No. 47/CT-TTg; direct the SOE to review the houses and land under its management that have been approved by the competent authority or person for recovery and transfer to the locality for management and handling in accordance with the law; proactively contact and urge the provincial People's Committee and local authorities to carry out the handover to put the houses and land into effective use, avoiding loss and waste; complete the legal documents on houses and land in accordance with the law on land./.

Source: https://baochinhphu.vn/xu-ly-nha-dat-cua-doanh-nghiep-nha-nuoc-dam-bao-dung-muc-dich-hieu-qua-102250701185227016.htm