Thông tư 11/2025/TT-BTC sửa đổi Thông tư 144/2017/TT-BTC hướng dẫn nội dung Nghị định 151/2017/NĐ-CP hướng dẫn Luật Quản lý, sử dụng tài sản công do Bộ trưởng Bộ Tài chính ban hành

CIRCULAR

On amendments to certain articles of Circular No. 144/2017/TT-BTC dated December 29, 2017 of the Minister of Finance providing guidance on certain contents of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating certain Articles of the Law on Management and Use of Public Property

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on amendments to the Law on Securities, Law on Accounting, Law on Independent Audit, Law on State Budget, Law on Management and Use of Public Property, Law on Tax Administration, Law on Personal Income Tax, Law on National Reserves, and Law on Actions against Administrative Violations dated November 29, 2024;

Pursuant to the Government’s Decree No. 151/2017/ND-CP dated December 26, 2017 elaborating certain Articles of the Law on Management and Use of Public Property;

Pursuant to Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government elaborating certain Articles of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government  elaborating certain Articles of the Law on Management and Use of Public Property;

Pursuant to the Government’s Decree No. 50/2025/ND-CP dated February 28, 2025 on amendments to certain articles of Decrees elaborating certain articles of the Law on Management and Use of Public Property;

Pursuant to Decree No. 29/2025/ND-CP dated March 24, 2025 of the Government on functions, tasks, powers and organizational structure of the Ministry of Finance;

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The Minister of Finance hereby promulgates a Circular on amendments to certain articles of Circular No. 144/2017/TT-BTC dated December 29, 2017 of the Minister of Finance providing guidance on certain contents of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating certain Articles of the Law on Management and Use of Public Property.

Article 1. Amendments to certain articles of Circular No. 144/2017/TT-BTC dated December 29, 2017 of the Minister of Finance providing guidance on certain contents of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating certain Articles of the Law on Management and Use of Public Property

1. Article 1 is amended as follows:

“Article 1. Governing scope

This Circular provides guidance on certain contents of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating certain articles of the Law on Management and Use of Public Property which is amended by Decree No. 114/2024/ND-CP dated September 15, 2024 of the Government, Decree No. 50/2025/ND-CP dated February 28, 2025 of the Government (hereinafter referred to as "Decrees”), including:

1. Offering public property at fixed prices.

2. Selecting partners for joint venture or association purposes when using public property at public service providers for joint venture or association purposes.

3. Regulations on the management and use of public property at agencies, organizations, and units.

4. Public property declaration forms, public property declaration reports.”

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1. Principles for selecting partners to form joint ventures or associations:

a) Comply with provisions of law, ensuring adherence to the criteria stipulated in Clause 3, Article 47 of the Decree and Appendix I enclosed herewith.

b) Ensure accuracy, independence, integrity, openness, transparency, fairness, and objectivity.

c) Organizations and individuals registering for joint ventures or associations shall be responsible for the completeness and accuracy of the information in their applications for registration. In cases where organizations or individuals do not fully and accurately declare information, leading to public service providers selecting partners to form joint ventures or associations in violation of regulations, those organizations or individuals shall be penalized in accordance with laws.

d) Do not select individuals or organizations whose legal representatives have unexpunged convictions for illegal formation of joint ventures and associations, or in cases where such individuals or organizations have been discovered providing inaccurate or falsified information on the criteria in the applications at the time of selecting partners to form joint ventures or associations.

2. Units holding property used for joint ventures or associations shall publicly announce the selection of partners to form joint ventures or associations in accordance with clause 3, Article 47 of the Decree at least 05 working days prior to the deadline for submitting applications for registration.

3. An application for registration for a joint venture or association prepared by an organization or individual must bear the official seal of the organization or the signature of the individual, contain complete information regarding groups of criteria and component criteria specified in Appendix I enclosed herewith, and be submitted together with typed or scanned copies of the relevant papers and documents that serve as evidence (with the official seal of the organization and the signature of the individual). Public service providers holding property are not permitted to require organizations or individuals to submit originals or certified true copies of papers and documents that serve as evidence in the announcement of selection of organizations or individuals to form joint ventures or associations.

In cases where an organization or an individual has been penalized for administrative violations due to non-compliance with regulations on formation of a joint venture or association, or has been convicted by a legally effective judgment for illegal formation of a joint venture or association, the organization or individual is responsible for providing adequate information on these matters in their application for registration.

4. Based on the applications for registration for joint ventures and associations from organizations, individuals, and public service providers holding property, an assessment and scoring shall be conducted according to the criteria specified in Appendix I enclosed herewith, and cases arising shall be handled in accordance with the provisions set forth in Clauses 5, 6, 7, and 8 of this Article.

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Public service providers are responsible for publicly announcing the results of the selection of partners to form joint ventures and associations on their websites (if available), web portals of ministries, central authorities and local authorities, websites for public property of the Ministry of Finance, and sending written notifications of the results of the selection of partners to form joint ventures and association to organizations and individuals who submitted applications for registration within 05 working days from the date the results of the partner selection are approved. The content of a notification of the results of the partner selection includes: The name of the selected organization or individual; the list of organizations or individuals not selected and a summary of the reasons for the non-selection of each organization or individual; the plan for completing and signing joint venture or association contracts with the selected organization or individual.

5. In the event that there are two or more organizations or individuals with equal highest total scores, preference shall be given to the organization or individual with a higher financial proposal score. If the financial proposals are scored equally, the public service provider holding property shall consider deciding the selection of one among those organizations or individuals on the basis of other criteria established by the public service provider themselves in accordance with the joint venture and association objectives, as well as the functions and responsibilities of the public service provider.

In the event that the deadline for submitting applications for registration for a joint venture or association has passed, but only one organization or individual has registered with a total score not lower than 50% of the maximum total score, the provider holding property shall consider deciding the selection of that organization or individual.

6.  Score deduction if any of the following occurs within 12 months from the submission of the application:

a)  The organization or individual is penalized for administrative violations due to non-compliance with regulations on the formation of a joint venture or association, in which case 5% shall be deducted from their total score for each act that incurs an administrative penalty.

b) The individual or organization whose legal representative has been an expunged conviction for illegal formation of a joint venture or association, in which case 20% shall be deducted from their total score.

c) The organization or individual whose results of selection have been cancelled by another public service provider in accordance with the provisions of Clause 7 of this Article, or who have been refused consideration and evaluation of their application for participate in a joint venture or association due to the provision of inaccurate or falsified information regarding the criteria in the application for registration, in which case 25% shall be deducted from their total score.

7. After receiving the results of the selection of partners to form a joint venture or association, the public service provider holding property receives information from a competent authority or organization or results of verification from a competent authority or organization confirming that the chosen organization or individual has provided inaccurate information or falsified information regarding the criteria in the application for registration, the following actions shall be taken:

a) In cases where a joint venture or association contract has not been signed, the public service provider holding property shall cancel the selection results of that organization or individual, and simultaneously publicly announce the cancellation of the selection results on the provider's website (if any), the web portals of the ministries, central authorities, local authorities, and the website concerning public property of the Ministry of Finance.

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8. In the event that the registration period expires without any organization or individual submitting an application for registration, or if the organizations or individuals that submit applications for registration receive a total score that does not meet the minimum score, the public service provider holding property shall re-organize the selection of partners to form a joint venture or association in accordance with the provisions of Clause 3, Article 47 of the Decree and this Article.

9. In the event that the partner selection result is cancelled in accordance with the provisions of Clause 7 of this Article, the following actions shall be taken:

a) If the selection result is cancelled within 06 months from the date of approval of the result, the head of the public service provider shall re-approve the partner selection result of the organization or individual who has a total score adjacent to that of the cancelled organization or individual, provided that the total score of that organization or individual is not less than 50% of the maximum total score and that organization or individual still has the desire to participate in the joint venture or association.

In cases where an organization or individual that has the second highest score after the cancelled organization or individual and no longer wishes to participate in the joint venture or association, or has the second highest score after the cancelled organization or individual but it is lower than 50% of the maximum total score, or there is not organization or individual with the second highest score, the public service provider holding property shall re-organize the selection of partners to form a joint venture or association in accordance with the provisions of Clause 3, Article 47 of this Decree and Circular.

b) If the result is cancelled after 06 months from the date of approval of the result, the public service provider shall re-organize the selection of partners to form a joint venture or association in accordance with the provisions of Clause 3, Article 47 of the Decree and this Article.”

Article 2. Annulment and replacement of certain articles, clauses and forms of Circular No. 144/2017/TT-BTC dated December 29, 2017 of the Minister of Finance providing guidance on certain contents of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government elaborating certain Articles of the Law on Management and Use of Public Property

1. Articles 6 and 8, clause 4 of Article 12 shall be annulled.

2. Form No. 09d-CK/TSC - Public disclosure of the disposition of public property (in Appendix II enclosed herewith) shall be replaced.

Article 3. Implementation clauses

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2. Transitional provisions regarding the establishment of councils to determine the value of public property stipulated in Article 8 of Circular No. 144/2017/TT-BTC:

a) In cases where a Council has been established to determine the value of public property and the Council has made a conclusion regarding the value of the public property before the effective date of this Circular, the value of the public property concluded by the Council may continue to be used.

b) In the case where a Council has been established to determine the value of public property, but by the effective date of this Circular there has been no conclusion regarding the value of the public property, the Council shall cease its operations.

3. Ministries, ministerial agencies, Governmental agencies, other central agencies, the People’s Committees of provinces and central-affiliated cities, and relevant agencies, organizations and units are responsible for organizing implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




Bui Van Khang