Decision No. 11/2016/QD-TTg on the management and use of funds obtained from the reorganization of houses and land at units under the Ministry of Public Security

Pursuant to …;

Article 24Prescribing the management and use of funds obtained from the reorganization of houses and land at units under the Ministry of Public Security;

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Pursuant to the Law on Government Organization dated 1export,

Pursuant to the Law on National Financial Management dated June 25, 2015;âPursuant to the State Asset Management Law on December 16, 2002;

The Government issues this Decree on management and development of industrial clusters.

CamendBased on the Law on the Management and Use of State Assets dated June 3, 2008; lBased on Article 49 of Decree No. 9/2009/NĐ-CP dated November 16, 2009 of the Government prescribing the management and use of state assets at People's Armed Forces units;

The Government issues this Decision to prescribe the management and use of funds obtained from the reorganization of houses and land at units under the Ministry of Public Security.No. 106/2001. This Decision prescribes the management and use of funds obtained from the reorganization of houses and land according to the overall plan approved by the competent authority at units under the Ministry of Public Security."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."2. Funds obtained from the reorganization of houses and land that have been transferred to enterprises under the Ministry of Public Security are not within the scope of regulation of this Decision.

At the proposal of the Minister of Public Security,

The Prime Minister"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."This Decision applies to agencies, units, enterprises, and other organizations under the Ministry of Public Security (hereinafter referred to as units) and organizations and individuals related to the implementation of the reorganization of houses and land in accordance with the law.

Article 1. Scope of Regulation

Article 3. Revenue items

Revenue items obtained from the reorganization of houses and land at units under the Ministry of Public Security include:

Article 2. Applicability

1. Proceeds from selling houses and other immovable property attached to land, and transferring the right to use land.

2. Proceeds from changing the purpose of using land for security purposes (hereinafter referred to as security land) to another purpose.

3. Compensation and support for land and immovable property attached to land that are reclaimed when the State changes the use of security land to another purpose.

Article 4. Management and use of funds obtained from the reorganization of houses and land at units under the Ministry of Public Security

1. All proceeds obtained in accordance with Article 3 of this Decision shall be deposited into a temporary account opened at the State Treasury, with the Ministry of Public Security as the account holder.

2. The Ministry of Public Security shall use the proceeds specified in Clause 1 of this Article for the following purposes:

a) Payment of expenses:

- Related to the handling of houses and land, including:

+ Inventory and surveying of houses and land;

+ Determination of value, valuation, and costs of organizing public auctions;

+ Destruction, including: Costs for dismantling, abolishing, and deforming assets;

+ Relocation, including: Costs for dismantling, transporting, and installing machinery and equipment (if relocation is necessary); costs for supporting relocation of households residing at the old location (if applicable).

- Other related costs.

b) The remaining amount after paying for the purposes specified in Point a, Clause 2 of this Article shall be used for investment in constructing offices and barracks according to the project approved by the competent authority.

3. Accounting, management, and use procedures for the proceeds obtained

a) Quarterly, the Ministry of Public Security shall report the revenue, expenditure, and balance on the temporary account from the reorganization of houses and land to the Ministry of Finance for monitoring and consolidation.

b) At the end of each fiscal year, before December 31, the Ministry of Public Security shall compile the situation of revenue, expenditure, and the use of funds on the temporary account for implementing state budget expenditures in the field of security as stipulated in Point b, Clause 2 of this Article and submit it to the Ministry of Finance for accounting of state budget revenue according to the source of income generated; accounting of state budget expenditure through the state budget for the Ministry of Public Security in accordance with the law and this Decision.

c) The Minister of Public Security is responsible for the management and use of funds obtained from the reorganization of houses and land at units under the Ministry of Public Security in accordance with the law on the state budget.

1. This Decision takes effect from April 20, 2016.

2. For funds obtained from the reorganization of houses and land at units under the Ministry of Public Security that were deposited into a temporary account at the State Treasury, with the Ministry of Finance as the account holder, before the effective date of this Decision, the Ministry of Finance shall be responsible for transferring these funds into a temporary account at the State Treasury, with the Ministry of Public Security as the account holder.

3. The Ministers of the Ministries of Public Security, Finance, Natural Resources and Environment, Planning and Investment, People's Councils, Chairmen of Provincial People's Committees, and relevant agencies are responsible for implementing this Decision./.

Article 5. Implementation Provisions

1. This Decision takes effect from April 20, 2016.

2. As for the amount of money collected from the reorganization of houses and land at units under the Ministry of Public Security that has been deposited into a temporary holding account at the State Treasury managed by the Ministry of Finance before this Decision takes effect, the Ministry of Finance shall be responsible for transferring such amount into a temporary holding account at the State Treasury managed by the Ministry of Public Security.

3. The Ministers of the Ministries of Public Security, Finance, Natural Resources and Environment, Planning and Investment, the People's Councils, the Chairpersons of the People's Committees of provinces and centrally governed cities, and related agencies shall be responsible for implementing this Decision./.