Circular No. 13/2007/TT-BTC stipulates the authority to decide on the initial price and transfer of state assets for auction, applicable to various levels of state asset management agencies. Notably, it establishes an Appraisal Council with the role of the Ministry of Finance leadership or equivalent agency.
Đối tượng áp dụng
State asset management, utilization, and auction agencies at central, local, and administrative service units.
Các điểm cốt lõi
- The authority to decide on the initial price is delegated to the Prime Minister, Ministers, heads of ministerial-level agencies, government-affiliated agencies, and Chairpersons of People's Committees at various levels. The Appraisal Councils are chaired by leaders or those authorized.
- The initial price is decided by the Appraisal Council after considering 1 to 3 other members depending on the nature of the asset, with a vote requiring more than half of the members' approval.
- Costs for hiring enterprises or public institutions to appraise prices are included in the auction sale expenses.
- For administrative violation items and means of transportation valued under VND 10 million, they are transferred to the financial agency at the district level; those valued at VND 10 million or more are transferred to the provincial auction service center.
- This Circular takes effect fifteen days from the date of publication in the Official Gazette.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhances transparency and fairness in determining the initial price, ensuring the rights of all parties involved in the auction.
- Negative impact: Increased costs due to hiring enterprises or public institutions for appraisal.
- Enterprises may incur additional costs if assigned the task of appraising prices but also have opportunities to participate in this process.
❓ Câu hỏi thường gặp
Who has the authority to decide on the initial price of state assets for auction?
The authority to decide on the initial price is delegated to the Prime Minister, Ministers, heads of ministerial-level agencies, government-affiliated agencies, and Chairpersons of People's Committees at various levels.
Who decides the initial price?
The initial price is decided by the Appraisal Council after considering 1 to 3 other members depending on the nature of the asset, with a vote requiring more than half of the members' approval.
How are the costs for hiring enterprises to appraise prices included in the auction sale expenses?
Costs for hiring enterprises or public institutions to conduct appraisals are included in the auction sale expenses.
Administrative violation items and means of transportation valued under VND 10 million are transferred to whom?
They are transferred to the district-level financial agency to organize the auction.
When does this Circular take effect?
This Circular takes effect fifteen days from the date of publication in the Official Gazette.
Toàn văn
CIRCULAR
Amending and supplementing Circular No. 34/2005/TT-BTC dated May 12, 2005
of the Ministry of Finance guiding the determination of initial price
and transfer of state assets for auction sale.
___________________________
Pursuant to Decree No. 05/2005/NĐ-CP dated January 18, 2005 of the Government on auction sale of assets;
Pursuant to Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government stipulating the delegation of management authority over state assets at administrative agencies and public service units, and assets established with ownership rights of the State.
The Ministry of Finance guides the amendment and supplementation of Circular No. 34/2005/TT-BTC dated May 12, 2005 of the Ministry of Finance guiding the determination of initial price and transfer of state assets for auction sale (hereinafter referred to as Circular No. 34/2005/TT-BTC) as follows:
1. Amend and supplement Point 2 Section II of Circular No. 34/2005/TT-BTC as follows:
“2. Authority to decide the initial price
2.1. Authority to decide the initial price for auction sale shall be as follows:
a) For state assets decided to be auctioned by the Prime Minister or delegated to the Minister of Finance to decide on auction sale, the initial price shall be decided by the Minister of Finance or a Valuation Committee shall be established to decide.
The Valuation Committee shall be chaired by the leadership of the Ministry of Finance or a person authorized.
Other members of the Committee include:
- A representative from the specialized unit on pricing under the Ministry of Finance;
- A representative from the specialized unit on state asset management under the Ministry of Finance;
- A representative from the technical agency (if necessary);
- In addition, depending on the nature and characteristics of the assets to be valued, the Chairman of the Committee may invite other members from relevant ministries, agencies equivalent to ministries, government agencies, or central-level agencies to join the Committee.
b) For state assets decided to be auctioned by the Minister, head of an agency equivalent to a ministry, a government agency, or a central-level agency, the initial price shall be decided by the Minister, head of an agency equivalent to a ministry, a government agency, or a central-level agency, or a Valuation Committee shall be established to decide.
The Valuation Committee shall be chaired by the leadership of the ministry, agency equivalent to a ministry, government agency, or central-level agency having the assets to be auctioned or a person authorized.
Other members of the Committee include:
- Head of the agency or unit directly managing, using, or disposing of the assets to be auctioned;
- A representative from the financial specialized unit under the ministry, agency equivalent to a ministry, government agency, or central-level agency and the finance and accounting department of the agency or unit directly managing, using, or disposing of the assets;
- A representative from the technical agency (if necessary);
- In addition, depending on the nature and characteristics of the assets to be valued, the Chairman of the Committee may invite other members to join the Committee.
c) For state assets decided to be auctioned by the Chairman of the People's Committee of a province or centrally-administered city, the Chairman of the People's Committee of a district, county, town, or city under a province, or other local agencies according to the law, the initial price shall be decided by the head of the local state finance agency (Department of Finance, district-level finance agency) or proposed to the Chairman of the People's Committee at the same level to establish a Valuation Committee to decide.
The Valuation Committee for assets shall be chaired by the leadership of the state finance agency.
Other members of the Committee include:
- A representative from the agency directly managing, using, or disposing of the assets to be auctioned;
- A representative from the technical agency (if necessary);
- In addition, depending on the nature and characteristics of the assets to be valued, the Chairman of the Committee may invite other members to join the Committee.
2.2. For movable state assets in the administrative and public service sector, and assets recovered from terminated projects as specified in Clause 1 Article 37 of Decree No. 05/2005/NĐ-CP dated January 18, 2005 of the Government on auction sale of assets, the initial price shall be decided by the Valuation and Auction Committee, and the Liquidation Committee of the agency or unit according to the principle stipulated in Point 1 of this Section.
The Valuation Committees for assets specified in Subpoint 2.1 and 2.2 of Point 2 of this Section shall operate based on collective principles. Decisions of the Committee must be approved by more than half of the Committee members and recorded in the Minutes. In case of equal votes, the decision will follow the opinion of the Chairman of the Committee.
2.3. Authorities deciding the initial price for auction sale as specified in Subpoint 2.1 and Subpoint 2.2 of Point 2 of this Section may hire or entrust the agencies directly managing, using, or disposing of the assets to be auctioned to hire enterprises or public institutions with valuation functions to determine the initial price for consideration and reference before making a decision. Costs for hiring enterprises or public institutions to conduct asset valuation shall be included in the auction sale expenses.”
2. Amend and supplement Subpoint g of Point 2.1 Section III of Circular No. 34/2005/TT-BTC as follows:
“g) For remaining contraband items and means of transportation, the transfer for auction sale shall be carried out as follows:
- For contraband items and means of transportation from a single administrative violation with a value below VND 10 million, they shall be transferred to the district-level finance agency to organize the auction sale;
- For contraband items and means of transportation from a single administrative violation with a value of VND 10 million or more, they shall be transferred to the provincial Auction Service Center to organize the auction sale”;
3. Delete Subpoint h of Point 2.1 Section III of Circular No. 34/2005/TT-BTC.
4. This Circular takes effect 15 days after its publication in the Official Gazette. Provisions in Circular No. 34/2005/TT-BTC dated May 12, 2005 of the Ministry of Finance that have not been amended or supplemented in this Circular remain effective./.
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