Nghị định 29/2014/ND-CP

Decree No. 29/2014/ND-CP dated April 10, 2014, prescribing the competence and procedures for establishment of state ownership over property and for management and handling of property over which state ownership is established

Nội dung toàn văn Decree No. 29/2014/ND-CP competence and procedures for establishment of state ownership over property


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 29/2014/ND-CP

Hanoi, April 10, 2014

 

DECREE

PRESCRIBING THE COMPETENCE AND PROCEDURES FOR ESTABLISHMENT OF STATE OWNERSHIP OVER PROPERTY AND FOR MANAGEMENT AND HANDLING OF PROPERTY OVER WHICH STATE OWNERSHIP IS ESTABLISHED (*)

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the December 21, 1999 Penal Code and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Penal Code;

Pursuant to the November 26, 2003 Criminal Procedure Code;

Pursuant to the June 29, 2001 Customs Law and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Customs Law;

Pursuant to the November 14, 2008 Law on Judgment Enforcement;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

Pursuant to the June 3, 2008 Law on Management and Use of State Property;

At the proposal of the Minister of Finance,

The Government promulgates the Decree prescribing the competence and procedures for establishment of state ownership over property and for management and handling of property over which state establishment is established.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the competence and procedures for establishment of state ownership over property and for management and handling of such property in accordance with law with regard to property of the following types:

1. Property confiscated under law.

2. Derelict property, dropped or mislaid property, buried or sunk property, estates without heirs, in-stock commodities left in customs supervision zones.

3. Property voluntarily transferred to the State by organizations or individuals.

4. Property delivered by foreign-invested enterprises to the Vietnamese State as committed.

Article 2. Subjects of application

1. State agencies and persons that have competence to decide on the establishment of state ownership over property.

2. Agencies, organizations and units that are assigned to manage and handle property over which state ownership is established.

3. Other organizations and individuals involved in the establishment of state ownership over property and the management and handling of such property.

Article 3. Property eligible for establishment of state ownership

1. Property confiscated under law means the property of an organization or individual which is confiscated due to the commission of a crime or an administrative violation by such organization or individual under a judgment or decision of a court or a decision of another competent authority, including:

a/ Confiscated material evidence and means of administrative violation;

b/ Exhibits of a criminal case, part or all of convicts’ property confiscate under the criminal and criminal procedure laws (below referred to as confiscated exhibits and convicts’ property for short).

2. Derelict property, dropped or mislaid property, buried or sunk property, estates without heirs, commodities lying in stock in customs supervision zones over which state ownership is established, including:

a/ Real estates without owners or with unidentified owners over which state ownership is established (below referred to as derelict real estates);

b/ Dropped or mislaid property of which the owners are unidentifiable or do not come to reclaim them, over which state ownership is established (below referred to as dropped or mislaid property);

c/ Buried or sunk property which is discovered or found in the mainland, on islands or in sea ạreas over which the Socialist Republic of Vietnam has the sovereignty, sovereignty rights and jurisdiction, which have no owners or of which the owners are unidentifiable under law at the time they are discovered or found (below referred to as buried or sunk property);

d/ Property being estates without heirs under testament or law or with heirs who are ineligible to enjoy the estates or who disclaim the estates after they have fulfilled property obligations, over which state ownership is established (below referred to as heirless estates);

dd/ Property being commodities left in stock in customs supervision zones at seaports, airports, bonded warehouses or postal service enterprises, without anyone to come and reclaim them (below referred to as in-stock commodities).

3. Property voluntarily transferred to the State includes property donated, presented as a gift, given, contributed, provided as aid or financial assistance or otherwise transferred to the Vietnamese State by organizations and individuals at home and abroad.

4. Property of foreign-invested enterprises which the foreign investors have committed to transfer to the Vietnamese State without indemnification at the end of their operation term.

Article 4. Principles of carrying out the procedures for establishment of state ownership over property and management and handling of such property

1. The establishment of state ownership over property shall be made in writing and must comply with the law-prescribed order and procedures on the basis of protecting the State’s interests and respecting the lawful rights and interests of related organizations and individuals.

2. The state management of property over which state ownership is established shall be performed in a unified manner with clear assignment and decentralization of competence and responsibility for each agency.

3. The valuation and handling of property over which state ownership is established shall be carried out under the market mechanism.

4. The establishment of state ownership over property and the management and handling of property over which state ownership is established shall be carried out in a public and transparent manner; all acts of violation shall be handled promptly, strictly and lawfully.

Article 5. Units in charge of management and handling of property over which state ownership is established

Agencies, organizations and units (below referred to as units for short) in charge of management and handling of property over which state ownership is established are prescribed as follows:

1. For confiscated material evidences and means of administrative violation:

a/ Agencies competent to propose competent authorities to issue confiscation decisions shall take charge of management and handling of property in cases where chairpersons of the People’s Committees of provinces or centrally run cities (below referred to as provincial level for short) or chairpersons of the People’s Committees of urban districts, rural districts, towns or provincial cities (below referred to as district level) issue the confiscation decisions;

b/ Agencies of the persons who issue the confiscation decisions shall take charge of management and handling of property in the remaining cases.

2. In cases where exhibits and convicts’ property confiscated under the criminal and criminal procedure laws and competent agencies have issued judgment enforcement decisions, provincial-level Departments of Finance shall take charge of management and handling of the property delivered from provincial-level or military zone-level judgment enforcement agencies; Finance and Planning Sections of district- level People’s Committees (below refeưed to as district-level Finance and Planning Sections for short) shall take charge of management and handling of the property delivered from district-level judgment enforcement agencies.

3. For exhibits confiscated under decisions of investigative agencies or procuracies, the confiscation decision-issuing agencies shall take charge of management and handling of the property.

4. For derelict real estates, dropped or mislaid property, heirless estates, provincial- level Departments of Finance shall take charge of management and handling or real estates, cultural and historical relics, district-level Finance and Planning Sections shall take charge of management and handling of movables; if a case involves property of different types (real estates or cultural-historical relics and movables), provincial-level Departments of Finance shall take charge of management and handling of the property.

5. For buried or sunk property, provincial-level Departments of Finance shall take charge of management and handling of the property.

6. For in-stock commodities left in customs supervision zones, provincial-level Customs Departments shall take charge of management and handling of the property.

7. For property voluntarily transferred to the Vietnamese State by organizations or individuals while, upon the transfer, property-managing or -using agencies, organizations or units are specified, such agencies, organizations or units shall take charge of management and handling of the property.

8. For property voluntarily transferred to the Vietnamese State by organizations or individuals while, upon the transfer, property-managing or -using agencies, organizations or units are not specified, competent state agencies shall delegate the main responsibility for management and handling of the property as follows:

a / For property of projects implemented by foreign experts, contractors and consultants with the use of official development assistance or non-refundable aid source, which is transferred to the Vietnamese State, the project management units shall take charge of management and handling of the property; if the project management units have been dissolved, the project-sponsoring agencies shall take charge of management and handling of the property;

b/ For special property and special-use property in the national defense field, the Ministry of National Defense or units assigned by the Ministry of National Defense shall take charge of management and handling of the property;

c/ For special property and special-use property in the security field, the Ministry of Public Security or units assigned by the Ministry of Public Security shall take charge of management and handling of the property;

d/ For property other than those defined at Points a, b and c of this Clause, which are transferred to the Government, the Ministry of Finance or units assigned by the Ministry of Finance shall take charge of management and handling of the property;

dd/ For property other than those defined at Points a, b and c of this Clause, which are transferred to local administrations, provincial-level Departments of Finance shall take charge of management and handling of the property.

9. For property transferred by foreign-invested enterprises to the Vietnamese State as committed, provincial-level Departments of Finance shall take charge of management and handling of the property.

Article 6. Responsibility of units in charge of management and handling of property over which state ownership is established

1. To preserve the property over which state ownership is established from the time they are received to the time of completion of handling under decisions of competent authorities, unless otherwise prescribed by law.

2. To carry out procedures for reporting to competent authorities for decision on the establishment of state ownership over property.

3. To draw up plans for property handling or report to competent state agencies for drawing up the plans, and submit them to competent authorities for approval, unless otherwise prescribed by law;

4. To organize, or coordinate in, the handling of property after the plans are approved by competent authorities.

5. To pay relevant expenses and the value of property belonging to discovering organizations or individuals.

6. To perform other tasks prescribed in this Decree and relevant law.

Article 7. Prohibited acts

1. Abusing positions and powers to appropriate in any form property over which state ownership is established.

2. Failing to report and draw up handling plans and submit them to competent authorities for approval under this Decree.

3. Failing to handle the property over which state ownership is established according to set schedule in the approved plans or prescribed by law.

4. Causing loss of, or damage to, property over which state ownership is established.

5. Other acts prohibited by relevant law.

Chapter II

COMPETENCE AND PROCEDURES FOR ESTABLISHMENT OF STATE OWNERSHIP OVER PROPERTY

Article 8. Competence to establish state ownership over property

1. The competence to decide on the confiscation of material evidences and means of administrative violation must comply with the law on handling of administrative violations.

2. The competence to decide on the confiscation of exhibits and convicts’ property must comply with the criminal law, criminal procedure law and civil judgment enforcement law.

3. For derelict property, dropped or mislaid property, buried or sunk property, heirless estates and in-stock commodities:

a/ Provincial-level People’s Committee chairpersons shall decide on the establishment of state ownership as prescribed by law over buried or sunk property; derelict real estates, heirless real estates, dropped or mislaid property being cultural and historical relics; property of handled cases, including both real estates or cultural and historical relics and movables;

b/ District-level People’s Committee chairpersons shall decide on the establishment of state ownership as prescribed by law over property other than those prescribed at Points a and c of this Clause;

c/ Provincial-level Customs Department directors shall decide on the establishment of state ownership as prescribed by law over commodities left in stock in customs supervision zones.

4. For property voluntarily transferred to the Vietnamese State by organizations or individuals, the competence to decide on the establishment of state ownership is prescribed as follows:

a/ The Minister of Finance shall make decision at the proposal of ministries or central agencies with regard to property being real estates, automobiles and other assets (other than real estates and automobiles), with a value of VND 500 million or more per unit of property transferred to centrally run agencies, organizations or units for management, excluding the property defined at Points b and c of this Clause;

b/ The Minister of National Defense shall make decision or decentralize the decision with regard to special property and special-use property in the national defense field;

c/ The Minister of Public Security shall make decision or decentralize the decision with regard to special property and special-use property in the security field;

d/ Ministers or heads of central agencies shall make decision or decentralize the decision with regard to property other than those defined at Points a, b and c of this Clause, which are transferred to agencies, organizations or units under their respective management.

dd/ Provincial-level People’s Committee chairpersons or competent persons authorized by provincial-level People’s Committees shall make decision with regard to property transferred to agencies, organizations and units under local management, excluding the property defined at Points b and c of this Clause.

5. Provincial-level People’s Committee chairpersons shall decide on the establishment of state ownership under law over property transferred by foreign-invested enterprises to the Vietnamese State as committed after the conclusion of their operation terms.

Article 9. Procedures for decision on confiscation of material evidence and means of administrative violation, and exhibits and convicts’ property

The procedures for decision on confiscation of material evidence and means of administrative violation, and exhibits and convicts’ property must comply with the law on handling of administrative violations, the law on criminal procedures and the law on civil judgment enforcement.

Article 10. Procedures for establishment of state ownership over dropped or mislaid property

1. Within 7 working days after the completion of procedures for identification of owners of dropped or mislaid property under civil law, the agencies that are informed of the dropped or mislaid property (commune-level People’s Committees or local public security offices) shall compile dossiers and send them to district-level Finance and Planning Sections with regard to dropped or mislaid property of the State.

A dossier to be sent to the district-level Finance and Planning Section must comprise:

a/ The report on the process of identifying the property owner since the discovery thereof; grounds for identifying that the property belongs to the State;

b/ The list of types, quantity, volume, value and current conditions of the property;

c/ The written record of property handover by the person who picks up or discovers the dropped or mislaid property;

d/ Files and documents related to the property handling (if any).

2. For the dropped or mislaid property defined at Point b, Clause 3, Article 8 of this Decree, within 7 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the district-level Finance and Planning Section shall make a report enclosed with the dossier prescribed in Clause 1 of this Article and submit them to the district-level People’s Committee chairperson for decision on the establishment of state ownership.

For the dropped or mislaid property defined at Point a, Clause 3, Article 8 of this Decree, within 7 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the district-level Finance and Planning Sections shall make a report enclosed with the dossier prescribed in Clause 1 of this Article and send them to the district-level People’s Committee for sending to the provincial-level Department of Finance, which shall further submit them the provincial-level People’s Committee chairperson for decision on the establishment of state ownership.

Within 5 working days, after the receipt of a complete dossier sent by the district-level People’s Committee, the provincial-level Department of Finance shall submit it to the provincial- level People’s Committee chairperson for decision on the establishment of state ownership over the dropped or mislaid property defined at Point a, Clause 3, Article 8 of this Decree.

3. Within 5 working days after the receipt of a complete dossier prescribed in Clause 2 of this Article, the district-level People’s Committee chairperson or provincial-level People’s Committee chairperson shall decide to establish state ownership over property.

Article 11. Procedures for establishment of state ownership over derelict real estates

1. Within 7 working days after the completion of procedures for identification of owners under civil law, if the real estate owners cannot be identified, the agencies which have received the information on derelict real estates (commune-level People’s Committees or local public security offices) shall compile dossiers and send them to the district-level Finance and Planning Sections.

A dossier sent to the Finance and Planning Section must comprise:

a / The report on the process of identifying the owner of real estate since its discovery;

b/ The statement on the location, acreage and current condition of the real estate;

c/ Files and documents related to the process of identifying the real estate owner (if any).

2. Within 7 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the district-level Finance and Planning Section shall make a report enclosed with the dossier prescribed in Clause 1 of this Article and send them to the district- level People’s Committee for sending to the provincial-level Department of Finance, which shall further submit them to the provincial-level People’s Committee chairperson for decision on the establishment of state ownership.

3. Within 5 working days after the receipt of a complete dossier prescribed in Clause 2 of this Article, the provincial-level People’s Committee shall submit it to the provincial-level People’s Committee chairperson for decision on the establishment of state ownership over property.

4. Within 5 working days after the receipt of a complete dossier from the provincial-level Department of Finance, the provincial-level People’s Committee chairperson shall decide to establish state ownership over property.

Article 12. Procedures for establishment of state ownership over buried or sunk property

1. Within 7 working days after the completion of procedures for identification of owners under civil law, if the owners of buried or sunk property cannot be identified, provincial-level Departments of Finance shall compile dossiers and submit them to provincial-level People’s Committee chairpersons for decision on the establishment of state ownership.

A dossier proposing the establishment of state ownership over property must comprise:

a/ The report on the process of identifying the owner of buried or sunk property since its discovery;

b/ The statement on the type, quantity, volume and current condition of the property;

c/ Files and documents related to the process of identifying the property owner (if any).

2. Within 5 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the provincial-level People’s Committee chairperson shall decide to establish state ownership over property.

Article 13. Procedures for establishment of state ownership over heirless estates

1. Within 7 working days after the receipt of the heir’s written disclaim of the estate or the court judgment or decision confirming such person is ineligible to receive the estate under civil law, public notary offices or commune-level People’s Committees of localities where the inheritance is opened shall compile dossiers and send them to the district-level Finance and Planning Sections.

A dossier sent to the district-level Finance and Planning Section must comprise:

a/ The report on the process of inheritance opening for the estate;

b/ The statement on the type, quantity, volume and current condition of the estate;

c/ Files and documents related to the process of inheritance opening, the written disclaim of the estate, the court judgment or decision confirming the person who is ineligible to receive the estate (if any).

2. Within 7 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the district-level Finance and Planning Section shall make a report and send it together the dossier to the district-level People’s Committee for decision on the establishment of state ownership over heirless estates defined at Point b, Clause 3, Article 8 of this Decree, or sending them to the provincial-level Department of Finance for submission to the provincial- level People’s Committee chairperson for decision on the establishment of state ownership over heirless estates defined at Point a, Clause 3, Article 8 of this Decree.

Within 5 working days after the receipt of a complete dossier from the district-level People’s Committee, the provincial-level Departments of Finance shall submit it to the provincial-level People’s Committee chairperson for decision on the establishment of state ownership over heirless estates defined at Point a, Clause 3, Article 8 of this Decree.

3. Within 5 working days after the receipt of a complete dossier prescribed in Clause 2 of this Article, the district-level People’s Committee chairperson or provincial-level People’s Committee chairperson shall decide to establish state ownership over property.

Article 14. Procedures for establishment of state ownership over in-stock commodities

1. Within 7 working days after the completion of procedures for identification of owners and the inventory, classification and valuation of in-stock commodities in accordance with the customs law, if nobody comes to claim the commodities, the customs offices at places where the commodities are left in stock shall compile dossiers and submit them to the provincial-level Customs Department directors for decision on the establishment of state ownership.

A dossier proposing the establishment of state ownership over property must comprise:

a/ A written proposal on establishment of state ownership over property;

b/ The statement on the type, quantity, volume and current condition of the property;

c/ Files and documents related to the process of notification on the property and other dossiers and documents (if any);

d/ The written notification on abandonment of commodities or proving documents (if any).

2. Within 5 working days after the receipt of a complete dossier prescribed in Clause 1 of this Article, the Customs Department director shall decide to establish state ownership over property.

Article 15. Procedures for establishment of state ownership over property voluntarily transferred to the State

1. Upon the proposed transfer of property ownership by organizations or individuals, the agencies, organizations or units proposed to receive the property shall base themselves on current laws to determine the appropriateness of the receipt of transferred property and take responsibility therefor.

2. If the receipt of transferred property is determined to be lawful, within 7 working days after the receipt of property, the property-receiving agencies, organizations or units shall compile dossiers and send them to their superior agencies (if any) for submission to the competent authorities defined in Clause 4, Article 8 of this Decree for establishment of state ownership over the property.

A dossier proposing the establishment of state ownership over property must comprise:

a/ The report proposing the establishment of state ownership over property;

b/ The statement on the type, quantity, volume, value and current condition of the property;

c/ The contract on property donation in case where it is transferred in form of donation, which shall be made in writing as prescribed by law;

d/ Files and documents proving the rights to own and use the transferred property and form of transfer (if any).

3. Within 5 working days after the receipt of a complete dossier prescribed in Clause 2 of this Article, the competent authorities defined in Clause 4, Article 8 of this Decree shall decide to establish state ownership over the property.

Article 16. Procedures for establishment of state ownership over property transferred by foreign-invested enterprises as committed

1. At least 30 days before the conclusion of the operation terms under the investment licenses, the investment-licensing agencies shall notify the provincial-level Departments of Finance of the localities where foreign-invested enterprises are based of the latter’ commitment to transfer their property to the Vietnamese State upon conclusion of their operation.

2. Within 5 working days after the receipt of notifications of the investment-licensing agencies, provincial-level Departments of Finance shall propose provincial-level People’s Committee chairpersons to set up a property inventory and classification council composed of a provincial-municipal Finance Department leader as its chairman and representatives of the provincial-level Department of Planning and Investment, Department of Resources and Environment and Department of Construction and related agencies as its members.

The Council has the duties:

a/ To receive the property transferred from the foreign-invested enterprise;

b/ To inventory and classify the property and make a detailed statement on the type, quantity, volume, value and current condition of the property;

c/ To preserve the property pending the handling thereof.

3. Based on the inventory and classification results of the council, the provincial- level Department of Finance shall compile a dossier proposing the establishment of state ownership over property, with regard to foreign-invested enterprises’ property transferred as committed.

A dossier proposing the establishment of state ownership over property must comprise:

a/ The report proposing the establishment of state ownership over property;

b/ The statement on the type, quantity, volume, value and current condition of the property;

c/ The document showing the foreign-invested enterprise’s commitment to transfer the property to the Vietnamese State upon conclusion of operation;

d/ Files and documents related to the property (if any).

4. Within 5 working days after the receipt of a complete dossier prescribed in Clause 2 of this Article, the provincial-level People’s Committee chairperson shall decide to establish state ownership over property.

Chapter III

MANAGEMENT AND HANDLING OF PROPERTY OVER WHICH STATE OWNERSHIP IS ESTABLISHED

Section 1. MANAGEMENT AND HANDLING OF CONFISCATED MATERIAL EVIDENCE AND MEANS OF ADMINISTRATIVE VIOLATION

Article 17. Preservation of confiscated material evidence and means of administrative violation

1. Units in charge of property management and handling defined in Clause 1, Article 5 of this Decree shall preserve the property pending the handling, except the property defined in Clause 2 of this Article.

If the units in charge of property management and handling defined in Clause 1, Article 5 of this Decree have no warehouses and storing yards for property preservation or the property is machinery and fixed equipment which are hard to disassemble, they are entitled to authorize or sign contracts to hire agencies or organizations which fully meet the conditions on physical bases and warehouses for preservation under law.

2. The following property shall be delivered to specialized management agencies for preservation:

a/ Objects of historical and cultural value, national treasures and antiques, which shall be delivered to cultural management agencies;

b/ Weapons, explosives, supporting instruments, professionally technical means, specialized equipment and facilities and other property related to national defense or security, which shall be delivered to people’s armed force units;

c/ Vietnamese currency, foreign currency, valuable certificates, gold, silver, gems and precious metals, which shall be delivered to the State Treasury;

d/ Rare and precious forest products, not used for commercial purposes, which shall be delivered to the state reserve or ranger agencies. Wounded or sick wild animals in need of treatment shall be transported to an animal rescue center or the nearest veterinary office for treatment before they are delivered to the specialized management agencies.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and agencies in, promulgating a list of specialized management agencies prescribed in this Clause.

3. The delivery of property to specialized management agencies defined in Clause 2 of this Article for preservation shall be made in wiring with the certification of the deliverers, recipients and witnesses (the finance agencies of the same level). The Ministry of Finance shall prescribe the contents, forms and lists of records to be enclosed with the delivery records.

4. The specialized management agencies defined in Clause 2 of this Article shall receive and preserve the delivered property in accordance with law.

Article 18. Forms of handling confiscated material evidence and means of administrative violation

1. Delivery to specialized management agencies for management and handling, with regard to material evidences and means of administrative violation which are narcotics, weapons, explosives, supporting instruments, professional technical means, specialized equipment and facilities and other property related to national defense or security, objects of historical and cultural value, national treasures, antiques, rare and precious forest products, items banned from circulation and other assets prohibited from circulation.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and agencies in, promulgating a list of specialized management agencies as prescribed at this Clause.

2. Delivery to state agencies, public non-business units, people’s armed force units, political organizations or socio-political organizations for management and use, with regard to means of transport, machinery, equipment, working means and facilities, equipment serving professional activities according to the criteria and norms set by competent state agencies.

3. Payment into the state budget, with regard to Vietnamese and foreign currencies.

4. Destruction, with regard to useless property or property subject to destruction under law; in special cases where other handling forms are required to ensure thrift and efficiency, the units in charge of property management and handling shall report them to the Ministry of Finance or their superior agencies (if any) for reporting to the Minister of Finance for consideration of and decision on the handling.

5. Auction, for property other than those defined in Clauses 1, 2, 3 and 4 of this Article; if the auction registration time limit has expired while only one person registers to buy the property and offer a price not lower than the reserve price, the property shall be sold to that person.

6. Liquidation, for property which cannot be sold after two auctions.

7. The handling of perishable commodities and objects must comply with Clause 3, Article 126 of the Law on Handling of Administrative Violations and the guidance of the Ministry of Finance.

Article 19. Decision on property delivery

1. For the property defined in Clauses 1 and 2, Article 18 of this Decree, the units in charge of property management and handling prescribed in Clause 1, Article 5 of this Decree shall send the confiscation decisions to the finance agencies of the same level, specifically:

a/ For property confiscated under decisions of competent persons of central agencies, the decisions shall be sent to the Ministry of Finance;

b/ For property confiscated under decisions of competent persons of local agencies, the decisions shall be sent to the provincial-level Departments of Finance.

2. Upon receiving the confiscation decisions from the units in charge of property management and handling, the finance agencies defined at Points a and b, Clause 1 of this Article shall assume the prime responsibility for, and coordinate with the units in charge of property management and handling, in submitting to competent authorities for decision the delivery of property to specialized management agencies or agencies, organizations or units for management and use based on the property use criteria and norms and their demands, specifically:

a/ The Minister of Finance shall decide on the delivery of property defined at Point a, Clause 1 of this Article; the delivery of property defined at Point b, Clause 1 of this Article to centrally run agencies, organizations or units or to agencies, organizations or units of other localities;

b/ Provincial-level People’s Committee chairpersons shall decide on the delivery of property defined at Point b, Clause 1 of this Article to agencies, organizations or units under their management.

3. In case of non-delivery, the property shall be auctioned under Clause 5, Article 18 of this Decree and the Ministry of Finance’s guidance.

Article 20. Organization of the handling of confiscated material evidences and means of administrative violation

1. The handling of property shall be organized for confiscated property of each case of administrative violation.

If the value of the confiscated property of a case is low (under VND 100 million/case), the unit in charge of property management and handling can integrate the property involved in many cases for a single handling.

2. For property delivered to specialized management agencies for management and handling defined in Clause 1, Article 18 of this Decree, the units in charge of property management and handling defined in Clause 1, Article 1 of this Decree shall organize the delivery of property to the specialized management agencies under decisions of competent authorities prescribed in Clause 2, Article 19 of this Decree. The property delivery and receipt shall be made in writing according to the form set by the Ministry of Finance.

After receiving the property, the specialized management agencies shall manage and handle the property in accordance with relevant laws.

3. For property delivered to state agencies, public non-business units, people’s armed force units, political organizations or socio-political organizations for management and use under decisions of competent authorities, the units in charge of property management and handling defined in Clause 1, Article 5 of this Decree shall organize the delivery of property to receiving agencies, organizations or units under decisions of competent authorities prescribed in Clause 2, Article 19 of this Decree,

The property delivery and receipt shall be made in writing according to the form set by the Ministry of Finance.

The property recipients shall account the property as asset, and manage and use the property in accordance with the law on management and use of state property.

4. For property being Vietnamese currency, the State Treasury shall account and pay it into the state budget in accordance with the law on state budget. For property being foreign currencies, the units in charge of property management and handling shall deposit them into the foreign currency accounts of the State Treasury at banks; the State Bank shall buy the entire amounts of the above-said foreign currencies for conversion into Vietnam dong and payment into the state budget according to regulations.

5. For property defined in Clause 4, Article 18 of this Decree, the units in charge of property management and handling defined in Clause 1, Article 5 of this Decree shall assume the prime responsibility for, and coordinate with the finance agencies of the same level and functional agencies in, the destruction thereof in accordance with law.

Depending on the nature and characteristics of commodities and objects and the environmental protection requirements, the destruction shall be carried out with the use of chemicals or mechanical measures; by burning; burial; or in other forms prescribed by law.

The destruction shall be recorded in a minutes, which has the following principal contents: ground for destruction; destruction site and time; destruction participants; name, type, quantity and current conditions of the property at the time of destruction; form of destruction and other relevant details.

If the property defined in Clause 4, Article 18 of this Decree is handled in other forms, the Minister of Finance’s decisions shall be complied with.

6. For property to be auctioned defined in Clause 5, Article 18 of this Decree, the units in charge of property management and handling defined in Clause 1, Article 5 of this Decree shall coordinate with functional agencies in selling the property under Article 21 of this Decree.

7. For property to be liquidated defined in Clause 6, Article 18 of this Decree, the units in charge of property management and handling shall set up a property liquidation council to perform the liquidation. Such a council shall be composed of a leader of the unit in charge of property management and handling as its chairman and representatives of the finance agency of the same level, the professional section of the unit in charge of property management and handling and related agencies and units as its members.

The property liquidation council shall sort out the material evidence and means of administrative violation to be liquidated, for implementation of one of the following forms:

a/ Direct sale to organizations and individuals that want to purchase;

b/ Demolition or destruction, for material evidence and means of administrative violation which are no longer useable and cannot be sold.

The liquidation shall be organized in accordance with the law on management and use of state property.

Article 21. Property auction

1. The units in charge of property management and handling defined in Clause 1, Article 5 of this Decree shall sign auction contracts with professional auctioning organizations or set up the auctioning councils (in case of being unable to hire professional auctioning organizations) as prescribed in Clause 1, Article 12 of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations and the law on property auction.

2. Determination of reserve prices: The unit price and value of the material evidence and means to be delivered for auction, determined under Article 60 of the Law on Handling of Administrative Violations, shall serve as the reserve price for organization of auctions.

For the following cases, a council shall be set up to determine the reserve price:

a/ The material evidence and means of administrative violation to be delivered for auction have not been valued yet;

b/ The time projected for organization of an auction exceeds 60 days after the value of the material evidence of administrative violation is determined under Article 60 of the Law on Handling of Administrative Violations;

c/ The value of the material evidence that has been determined under Article 60 of the Law on Handling of Administrative Violations is 10% higher or lower than the price of property of the same type notified by the provincial-level Departments of Finance at the time of delivery for auction.

The working principles and financial regime of reserve price-determining councils; and the principles, methods and order of determining reserve prices must comply with the Ministry of Finance’s guidance.

3. The order and procedures for property auction must comply with the law on property auction.

Section 2. MANAGEMENT AND HANDLING OF CONFISCATED EXHIBITS AND CONVICTS’ PROPERTY

Article 22. Preservation of confiscated exhibits and convicts’ property

1. For confiscated exhibits and convicts’ property for which judgment enforcement decisions have been issued, the civil judgment enforcement agencies shall, within 10 days after the issuance of the judgment enforcement decisions, notify in writing and deliver the temporarily seized exhibits and property to the units in charge of property management and handling defined in Clause 2, Article 5 of this Decree.

The delivery of confiscated exhibits and property must be accompanied with judgment enforcement decisions, court judgments or decisions or copies of court judgments or decisions duplicated from the originals by the civil judgment enforcement agencies.

The delivery of confiscated exhibits and property shall be participated by the head of the civil judgment enforcement agency or his/her authorized person, accountant, warehouse keeper and representative of the finance agency. The delivery and receipt of exhibits and property shall be recorded in a minutes describing in detail the current conditions of exhibits and property and bearing the signatures of the representatives and seals (if any) of the delivering and receiving agencies.

After the delivery by the judgment enforcement agencies, the finance agencies shall preserve the property under Article 17 of this Decree.

2. For exhibits confiscated under decisions of investigative agencies or procuracies, the units in charge of property management and handling defined in Clause 3, Article 5 of this Decree shall perform the preservation under Article 17 of this Decree.

Article 23. Formulation and approval of plans for handling of confiscated exhibits and convicts’ property

1. Within 10 days after the receipt of property from judgment enforcement agencies (for property with judgment enforcement decisions) or after the issuance of confiscation decisions (for property confiscated under decisions of investigative agencies or procuracies), the units in charge of property management and handling defined in Clauses 2 and 3, Article 5 of this Decree shall draw up property-handling plans and submit them to the competent authorities defined in Clause 3 of this Article for approval. The property-handling plan must covers the following principal contents: type, quantity and current conditions of property and handling forms applicable to every type of property.

2. Property-handling forms:

a/ Delivery to specialized management agencies for management and handling, with regard to weapons, explosives, supporting instruments, professional technical means, specialized equipment and facilities and other property related to national defense or security; objects of historical or cultural value, national treasures, antiques, rare and precious forest products, which may not be used for commercial purpose, and other property not permitted for circulation.

The Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and agencies in, promulgating a list of specialized management agencies defined in this Clause;

b/ Delivery to state agencies, public non-business units, people’s armed force units, political organizations or socio-political organizations for management and use, with regard to machinery, means of transport, working equipment and means, equipment serving professional activities according to the criteria and norms set by competent state agencies;

c/ Payment into the state budget, for Vietnamese and foreign currencies;

d/ Destruction, with regard to property no longer useable or property banned by law from production, trading and circulation, which include debauched cultural products, narcotics, fake goods of no use value, objects harmful to human health, animals, plants and other property subject to destruction. In special cases where other handling forms are required to ensure thrift and efficiency, the units in charge of property management and handling shall report them to the superior agencies (if any) for further reporting to the Minister of Finance for consideration and decision;

dd/ Sale under law, with regard to property other than those defined at Points a, b, c and d of this Clause.

3. Competence to approve property-handling plans:

a/ The Prime Minister shall approve handling plans, for objects of historical and cultural value, antiques and national treasures at the proposal of the Minister of Finance, the Minister of Culture, Sports and Tourism or related provincial-level People’s Committee chairpersons, unless otherwise prescribed by law;

b / The Minister of Finance shall approve plans for delivery of property defined at Points a and b, Clause 2 of this Article to centrally run agencies, organizations or units, or for delivery among provinces and centrally run cities;

c/ Provincial-level People’s Committee chairpersons shall approve or decentralize the competence to approve property-handling plans, for cases other than those defined at Points a and b of this Clause.

Article 24. Organization of the handling of confiscated exhibits and convicts’ property

1. For property to be delivered to specialized management agencies defined at Point a, Clause 2 of this Article for management and handling, the units in charge of property management and handling defined in Clauses 2 and 3, Article 5 of this Decree shall organize the delivery.

The property delivery and receipt shall be recorded in writing according to the form set by the Ministry of Finance.

After receiving the property, the specialized management agencies shall manage and handle the property in accordance with relevant laws.

2. For property to be delivered to the agencies, organizations or units defined at Point b, Clause 2, Article 23 of this Decree for management and use, the units in charge of property management and handling defined in Clauses 2 and 3, Article 5 of this Decree organize the delivery.

The property delivery and receipt shall be recorded in writing according to the form set by the Ministry of Finance.

The property recipients shall account the property as asset, and manage and use the property in accordance with the law on management and use of state property.

3. For property being Vietnamese currency, the State Treasury shall account and pay it into the state budget in accordance with the law on state budget. For property being foreign currencies, the units in charge of property management and handling shall deposit them into the foreign-currency accounts of the State Treasury at banks; the State Bank shall buy these foreign currency amounts for conversion in Vietnam dong and payment into the state budget as prescribed.

4. For property defined at Point d, Clause 2, Article 23 of this Decree, the units in charge of property management and handling defined in Clauses 2 and 3, Article 5 of this Decree shall coordinate with the finance agencies of the same level and functional agencies in the destruction thereof or handling in other forms prescribed in Clause 5, Article 20 of this Decree.

5. For property defined at Point e, Clause 2, Article 23 of this Decree, the units in charge of property management and handling defined in Clauses 2 and 3, Article 5 of this Decree shall coordinate with functional agencies in selling the property under Article 25 of this Decree.

Article 25. Sale of confiscated exhibits and convicts’ property

1. The sale of confiscated exhibits and convicts’ property shall be carried out through public auction in accordance with law, except the cases prescribed in Clause 2 of this Article.

2. Cases of designated sale:

a/ The property is valued at under VND 50 million per property unit;

b/ The property being perishable commodities or objects (fresh food, fire or explosion- prone commodities, processed food to expire within under 30 days, dead wild animals which are not subject to destruction under law on forest protection and development...); property being bulky and heavy commodities carried by waterway or sea, of which the loading and unloading are costly;

c/ The property being supplies or commodities banned from import and subject to re-export while there is only one economic organization functioning to re-export such supplies and commodities;

d/ The time limit for property auction registration expires while only one organization or individual registers to buy the property and offers a price not lower than the reserve price.

3. For property to be auctioned, the auction shall be organized as follows:

a/ The unit in charge of property management and handling defined in Clause 2 or 3, Article 5 of this Decree shall sign an auction contract with the professional auctioning organization or set up an auction council (in case of being unable to hire the professional auctioning organization) to conduct the auction;

b/ The reserve price of auctioned property shall be determined under the Ministry of Finance’s guidance;

c/ The order and procedures for property auction must comply with the law on property auction.

4. For property subject to designated sale, the determination of sale prices and the sale must comply with the law on management and use of state property. The designated sale of property shall be recorded in a minutes under the Ministry of Finance’s guidance.

Section 3. MANAGEMENT AND HANDLING OF DERELICT PROPERTY, DROPPED OR MISLAID PROPERTY, BURIED OR SUNK PROPERTY, HEIRLESS ESTATES AND IN-STOCK COMMODITIES OVER WHICH STATE OWNERSHIP IS ESTABLISHED

Article 26. Preservation of derelict property, dropped or mislaid property, heirless estates and in-stock commodities

1. The units in charge of property management and handling defined in Clauses 4 and 6, Article 5 of this Decree shall preserve the property pending the handling.

If they have no warehouses or storing yards for property preservation, they may authorize or hire agencies or organizations which fully satisfy the conditions on physical bases and warehouses for preservation. The property preservation authorization or hiring shall be made in contracts in accordance with law.

2. If derelict property, dropped or mislaid property, heirless estates or in-stock commodities are of different types defined in Clause 2, Article 17 of this Decree, the preservation must comply with Clauses 2 and 3, Article 17 of this Decree.

Article 27. Formulation and approval of plans for handling derelict property, dropped or mislaid property, heirless estates or in-stock commodities

1. Within 10 days after the receipt of decisions on establishment of state ownership over property, the units in charge of property management and handling defined in Clause 4, Article 5 of this Decree shall prepare property-handling plans and submit them to the competent authorities defined in Clause 3 of this Article for approval. The property- handling plan must cover the following principal contents: type, quality and current condition of the property and the handling form applicable to each kind of property.

2. The property-handling form is prescribed in Clause 2, Article 23 of this Decree.

3. Competence to approve property-handling plans is prescribed as follows:

a/ The Prime Minister shall approve plans for handling of historical and cultural relics, antiques and national treasures at the proposal of provincial-level People’s Committee chairpersons in localities where the property is located, and at the proposal of the Minister of Finance or the Minister of Culture, Sports and Tourism, unless otherwise prescribed by law;

b/ The Minister of Finance shall approve plans for delivery of property to centrally run agencies, organizations or units or delivery between provinces and centrally run cities, except the property defined at Point a of this Clause;

c/ Provincial-level People’s Committee chairpersons shall approve or decentralize the competence to approve handling plans for cases other than those prescribed at Points a, b and d of this Clause;

d/ Provincial-level Customs Department directors shall approve plans for handling in-stock commodities.

Article 28. Organization of the handling of derelict property, dropped and mislaid property, heirless estates and in-stock commodities

The handling of derelict property, dropped or mislaid property, heirless estates and in-stock commodities over which state establishment is established in accordance with law must comply with Articles 24 and 26 of this Decree.

Article 29. Rewards for organizations and individuals that discover and turn in dropped or mislaid property

1. Organizations or individuals that discover and turn in the dropped or mislaid historical and cultural relics, national treasures, or property in the national defense or security field, shall be rewarded under Clause 2 of this Article.

2. The reward levels for organizations and individuals defined in Clause 1 of this Article shall be calculated by method of partial regression, specifically as follows:

a 1 For property valued at up to VND 10 million, the reward ratio is 30%;

b/ For property valued at between over VND 10 million and VND 100 million, the reward ratio is 15%;

c/ For property valued at between over VND 100 million and VND 1 billion, the reward ratio is 7%;

d/ For property valued at over VND 1 billion and VND 10 billion, the reward ratio is 1%;

dd/ For property valued at over VND 10 billion, the reward ratio is 0.5%.

The property value used for reward deduction shall be determined after deducting the expenses prescribed in Article 36 of this Decree.

3. Specific reward levels shall be decided by the Minister of Culture, Sports and Tourism (for found historical and cultural relics, national treasures and antiques) or by provincial-level People’s Committee chairpersons (for other property), which, however, must not exceed VND 200 million per reward package.

4. If many organizations or individuals are eligible for reward and the dropped or mislaid property is of special value, the competent authorities defined in Clause 3 of this Article shall report the case to the Prime Minister for consideration and decision on the reward level.

5. The Ministry of Finance shall guide the establishment of valuation councils and valuation of dropped and mislaid property to serve as grounds for reward payment under this Article.

If the value of dropped or mislaid property cannot be determined, competent state agencies defined in Clause 3 of this Article shall decide on specific reward levels, which, however, must not exceed VND 200 million. Special cases shall be decided by the Prime Minister.

Article 30. Payment of part of property value to organizations and individuals that have discovered and turned in the dropped or mislaid property

1. Organizations and individuals that have discovered and turned in dropped or mislaid property other than historical and cultural relics, national treasures, antiques, or property in the national defense or security field, which have a value greater than ten months’ state-prescribed minimum wage applicable at the time of turning in the property, are entitled to a value equal to ten months’ minimum wage and half of the value exceeding ten months’ minimum wage after deducting the preservation expenses.

2. The competent authorities defined in Clause 3, Article 27 of this Decree shall decide on the amounts to be enjoyed by organizations and individuals that have discovered and turned in dropped or mislaid property.

3. Organizations and individuals enjoying the rewards defined in Article 29 of this Decree are not entitled to part of property value as prescribed in this Article; organizations and individuals enjoying part of property value under this Article are not entitled to the rewards defined in Article 29 of this Decree.

Article 31. Exploration, excavation, lifting, receipt, preservation and handling of buried or sunk property and payment of rewards and part of property value to organizations and individuals that have accidentally found such property

The exploration, excavation, lifting, receipt, preservation and handling of buried or sunk property and the payment of rewards and part of property value to organizations and individuals that have found them by chance must comply with the Government’s Decree No. 96/2009/ND-CP of October 30, 2009, on the handling of buried or sunk property, which are discovered or found in the mainland, on islands and in sea areas of Vietnam (below referred to as Decree No. 96/2009/ND-CP) and Decree No. 128/2013/ND-CP of October 15,2013, on the handling of property sunk on the inland waterways, seaport water areas and sea areas of Vietnam (below referred to as Decree No. 128/2013/ND-CP).

Section 4. MANAGEMENT AND HANDLING OF PROPERTY VOLUNTARILY TRANSFERRED TO THE STATE BY ORGANIZATIONS OR INDIVIDUALS

Article 32. Receipt and preservation of property

1. The units in charge of property management and handling defined in Clauses 7 and 8, Article 5 of this Decree shall receive and preserve the property pending the handling.

If the units in charge of property management and handling have no storehouses and storing yards for property preservation, they may authorize or hire agencies or organizations that fully satisfy the conditions on physical bases and warehouses for preservation. The authorization or hiring of property preservation shall be made in contracts in accordance with law.

2. For property delivered by foreign parties for which tax obligations toward the State have not yet been fulfilled, the units in charge of property management and handling shall carry out procedures for transfer and tax payment in accordance with law before reporting them to competent authorities for establishment of state ownership over the property and approval of property-handling plans.

If the units in charge of property management and handling cannot arrange funds for tax payment, they shall report it to the state agencies competent to approve property-handling plans for decision on tax payment after the sale or liquidation of the property or assignment of property recipients to carry out the tax payment procedures in accordance with law.

Article 33. Handling of property for which property-managing and -using agencies, organizations or units are specified upon transfer

1. Making of property-handling plans:

Based on the state property management and use criteria, norms and regimes, the property-receiving agencies, organizations or units shall draw up property-handling plans together with dossiers proposing the establishment of state ownership over property, and report them to their superior agencies (if any) for submission to the competent authorities defined in Clause 2 of this Article for consideration and decision in the following forms:

a/ If the transferred property is suitable to the recipient and meets the receipt conditions and law-prescribed criteria, norms and regimes, it shall be delivered to receiving agencies, organizations or units for management and use;

b/ If the transferred property is not suitable to the recipient and fails to meet the receipt conditions and law-prescribed criteria, norms and regimes, the representative of the agency, organization or unit shall reject it; in case of non-rejection, the property shall be sold under Clause 4 of this Article.

2. Competence to decide on handling plans: Authorities competent to decide on the establishment of state ownership over property defined in Clause 4, Article 8 of this Decree have the competence to approve property-handling plans.

3. For property delivered to agencies, organizations or units for management and use, the property recipients shall account the property as asset, and manage and use the property in accordance with the law on management and use of state property.

4. For property to be sold: To comply with Article 25 of this Decree.

Article 34. Handling of property for which property-managing and -using agencies, organizations or units are not specified upon transfer

1. The units in charge of property management and handling defined in Clause 8, Article 5 of this Decree shall prepare property-handling plans together with dossiers proposing the establishment of state ownership over property and report them to their superior agencies (if any) for submission to the competent authorities defined in Clause 2 of this Article for consideration and decision in the following forms:

a/ Transfer to state agencies, public non-business units, people’s armed force units, political organizations or socio-political organizations which want to use the property as they still lack such property compared to the property use criteria and norms set by competent state agencies;

b/ Liquidation, for property with expired lifetime as prescribed while it is no longer useable; property damaged beyond use or repair;

c/ Sale, for property other than those defined at Points a and b of this Article.

2. Authorities competent to decide on the establishment of state ownership over property defined in Clause 4, Article 8 of this Decree have the competence to approve property-handling plans.

Particularly for property given as gift to Party, State, Government or National Assembly leaders, the approval of handing plans shall be effected after the Party, State, Government or National Assembly leaders give their opinion.

3. For property delivered to agencies, organizations or units for management and use, the units in charge of property management and handling defined in Clause 8, Article 5 of this Decree shall organize the delivery. The property delivery and receipt shall be recorded in a minutes according to the form set by the Ministry of Finance.

The property recipients shall account the property as asset, and manage and use the property in accordance with the law on management and use of state property.

4. For property to be liquidated: To comply with Clause 7, Article 20 of this Decree.

5. For property to be sold: To comply with Article 25 of this Decree.

Article 35. Handling of property transferred by foreign-invested enterprises to the Vietnamese State as committed

1. The units in charge of property management and handling defined in Clause 9, Article 5 of this Decree shall prepare property-handling plans in accordance with the law on investment, land law and law on state property management and use, and submit them to competent authorities defined in Clause 2 of this Article for consideration and decision.

2. The authorities competent to decide on the establishment of state ownership over property defined in Clause 5, Article 8 of this Decree have the competence to approve property-handling plans.

3. The Ministry of Finance shall guide in detail the property handling prescribed in this Article.

Chapter IV

FINANCIAL MANAGEMENT IN THE MANAGEMENT AND USE OF PROPERTY OVER WHICH STATE OWNERSHIP IS ESTABLISHED

Article 36. Expenses

1. Expenses for the establishment of state ownership over property and the management and use of property over which state ownership is established include:

a/ Transport and preservation expense; expenses for testing, survey and valuation of temporarily seized property; expense for compensation for damage due to objective causes (if any) up to the time competent state agencies issue decisions approving the handling plans. Property-receiving and -preserving agencies which are furnished by the State with storehouses, storing yards, means of transport and regular funds, shall not be paid with expenses for the transport and preservation of such property;

b/ Property delivery, receipt, loading and unloading, transport and preservation expenses from the time competent agencies approve the handling plans to the time the handling completes;

c/ Expenses arising in the course of property handling: expense for determination of reserve prices, survey expense, expense for repairing property for sale if the property can only be sold after it is repaired; expense for redress of property loss due to objective causes; auction charges paid to professional auctioning organizations, expenses for auctions carried out by the auctioning councils (for auctions conducted by the property auctioning councils);

d/ Import duty, value added tax, excise tax (if any), for cases where the goods are subject to temporary import for re-export, but later permitted by competent state agencies for official import;

dd/ Charges and fees (if any);

e/ Expenses for care for and treatment of wild animals before handling under decisions of competent state agencies;

g/ Property destruction expenses;

h/ Other relevant expenses.

Expenses related to the exploration, excavation, lifting and handling of buried or sunk property must comply with Decree No. 96/2009/ND-CP and Decree No. 128/2013/ND-CP.

2. For expenses with criteria, norms and regimes set by competent state agencies, such regulations shall be complied with. For expenses without criteria, norms and regimes set-by competent state agencies, the heads of units in charge of property management and handling shall decide on these expenses based on reality and the limit of property-handling funds, and take responsibility for such decisions.

3. The payment of the expenses specified in this Article must be based on actually paid expenses or package funds under the Ministry of Finance’s guidance.

4. The Ministry of Finance shall guide in detail this Article.

Article 37. Funding sources

1. For sold property, the payment funds shall be taken from the proceeds from the sale already paid into the custody accounts of the state agencies (the Ministry of Finance, provincial- level Departments of Finance or district-level Planning and Finance Sections), opened at the State Treasury. If the proceeds are not enough for payment of expenses and there is some balance on the separately monitored custody account of the property-handling agency or unit, such balance shall be used to support the payment of expenses; if such balance is still not enough, proposals for state budget support may be made under current regulations.

2. For property disposed of in other forms (delivery and destruction), the funding sources for paying the expenses prescribed in Article 36 of this Decree shall be arranged as follows:

a/ State budget funds included in the annual regular expenditure estimates of units in charge of property management and use to ensure funds for the handling of property;

b/ For property delivered to -specialized management agencies for management and handling or to agencies, organizations or units for management and use, the expenses incurred before the issuance of decisions approving the handling plans must comply with Point a of this Clause; expenses arising after the issuance of decisions approving the handling plans to the completion of the delivery shall be paid by property recipients.

3. The funding sources for rewards and payment of part of property value to organizations and individuals that have discovered and turned in dropped or mislaid property as prescribed in Articles 29 and 30 of this Decree must comply with Clauses 1 and 2 of this Article.

Article 38. Management of proceeds from property handling

The total amount of money collected from property handling, after deducting the expenses prescribed in Article 36 of this Decree shall be paid into the state budget in accordance with the law on state budget.

Money collected from property handling by centrally run agencies and units shall be paid into the central budget; money collected from property handling by local agencies and units shall be paid into the local budget.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39. Effect

1. This Decree takes effect on June 1, 2014.

2. After this Decree takes effect, the following provisions cease to be valid:

a/ Articles 20, 21 and 22 of the Government’s Decree No. 14/1998/ND-CP of March 6, 1998, on the management of state property;

b/ The Government’s Decree No. 137/2006/ND-CP of November 14, 2006, providing the decentralization of state management of state property at administrative agencies, public non-business units, and property over which state ownership is established;

c/ Clause 2, Article 13 of the Prime Minister’s Decision No. 64/2007/QD-TTg of May 10, 2007, promulgating the Regulation on presentation of gifts and receipt and turning in of gifts of state agencies and cadres, civil servants, public employees;

d/ Article 19, Paragraph 2 of Clause 1, Article 25 of the Government’s Decree No. 17/2010/ND-CP of March 4, 2010, on property auction.

Article 40. Implementation guidance

1. The Ministry of Finance shall:

a/ Guide the implementation of articles and clauses of this Decree as assigned to the Ministry of Finance;

b/ Issue the forms for implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and heads of related agencies shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 



(*) Công Báo Nos 459-460 (25/4/2014)

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