Decree No. 13/2026/TT-BCT Regulating the Delegation of Authority for Budget Management, Public Assets, Public Investment, and Construction Investment for Units under the Ministry of Industry and Trade

CIRCULAR

Regulating the Delegation of Authority for Budget Management, Public Asset Management, Public Investment, and Construction Investment by the Ministry of Commerce

Based on Decree No. 63/2025/QH15 on Organization of the Government;

Based on Decree No. 89/2025/QH15 on State Budget;

Based on Decree No. 15/2017/QH14 on Management and Use of Public Assets, as amended by Decrees Nos. 64/2020/QH14, 7/2022/QH15, 24/2023/QH15, 31/2024/QH15, 43/2024/QH15, and 90/2025/QH15;

Based on Decree No. 58/2024/QH15 on Public Investment;

Based on Decree No. 40/2025/NĐ-CP of the Government on Functions, Powers, Tasks, and Organizational Structure of the Ministry of Commerce, as amended by Decrees Nos. 109/2025/NĐ-CP and 193/2025/NĐ-CP;

Based on Decree No.

8/2025/NĐ-CP of the Government on Preparation, Management, Use, and Final Accounts for Regular Expenditure Budget to Purchase, Repair, Upgrade Assets and Equipment; Renting Goods and Services; Repairing, Upgrading, Expanding, or Constructing New Project Components in Already Invested Construction Projects and Other Necessary Tasks;Based on Decree No. 186/2025/NĐ-CP of the Government on Detailed Implementation of Certain Provisions of the Law on Management and Use of Public Assets;

Based on Decree No. 155/2025/NĐ-CP

of the Government on Standards and Quotas for Using Office Premises and Operational Facilities; Based on Decree No. 72/2023/NĐ-CP of the Government on Standards and Quotas for Using Motor Vehicles, as amended by Decree No. 153/2025/NĐ-CP;

Based on Decree No. 85/2025/NĐ-CP of the Government on Detailed Implementation of Certain Provisions of the Public Investment Law;

Based on Decree No. 254/2025/NĐ-CP of the Government dated September 26, 2025, on Management, Payment, and Final Accounts for Projects Using Public Investment Funds;

Based on Decree No. 130/2005/NĐ-CP of the Government on Self-Management and Self-Responsibility in the Use of Staffing and Administrative Expenses, as amended by Decree No. 117/2013/NĐ-CP;

Based on Decree No. 60/2021/NĐ-CP of the Government on Financial Autonomy Mechanism for Public Sector Units, as amended by Decree No. 111/2025/NĐ-CP;

Based on Decree No. 77/2025/NĐ-CP of the Government on Authority and Procedures for Establishing State Ownership Rights over Assets and Handling Assets with Established State Ownership Rights;

Based on Decision No.

15/2025/QD-TTg of the Prime Minister on Standards and Quotas for Machinery and Equipment; In accordance with the proposal by the Director of the Planning, Finance, and Enterprise Management Department;

The Minister of Commerce promulgates this Circular to regulate the delegation of authority for budget management, public asset management, public investment, and construction investment by the Ministry of Commerce.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Application and Object

1. Scope of Application

a) Regulation on the delegation of authority for budget management, public asset management, public investment, and construction investment by the Ministry of Commerce.b) This Circular does not apply to matters already regulated by laws determining the authority of heads of units as provided in paragraph 2 hereof;

c) This Circular does not apply to centralized procurement activities;

d) Matters concerning the management of budget, public assets, public investment, and construction investment are not regulated herein and shall be implemented according to current laws.

2. Object

a) Budgetary units under the Ministry of Commerce include units authorized to receive budget allocations (including the Office of the Ministry, the Inter-Ministerial Steering Committee for International Economic Integration, bureaus/committees, public sector units under the ministry, and public sector units under the bureaus/committees);

b) Other organizations and individuals related to the delegation of authority for budget management, public asset management, investment, and construction by the Ministry of Commerce.

2. Scope of Application

a) Budgetary units under the Ministry of Industry and Trade are entities authorized to be allocated budgetary appropriations (including the Office of the Ministry, the Inter-Ministerial Steering Committee on Economic International Integration, Departments/Boards, public sector units under the Ministry, and public sector units under the Departments/Boards);

b) Other organizations and individuals related to the delegation of financial management, state assets, investment, and construction matters of the Ministry of Industry and Trade;

Article 2. Principles of Delegation

1. Ensure unified and comprehensive management in the field of budget management; state assets; investment and construction for budgetary units under the Ministry of Industry and Trade.

2. Implement delegation to reduce intermediary steps, consistent with the capacity of the delegated unit to perform its tasks, while strengthening supervisory work by higher-level management agencies on the responsibilities of the heads of the delegated agency or unit, ensuring compliance with legal provisions, enhancing the effectiveness of budget; state assets, investment, construction management and the operational efficiency of units.

3. Clearly define tasks, powers in conjunction with responsibilities, while leveraging the role and initiative of the head of the agency or unit in managing budgets, state assets, investments, and construction.

4. Adhere fully to legal provisions on standards, procedures, and formalities when deciding matters related to budget management, state asset management, investment, and construction.

5. Management and use of state assets must be in accordance with purpose, function, target, standard, quota, and system as prescribed by law; ensure transparency, efficiency, thriftiness, prevent waste, combat corruption.

6. Not to affect the performance of the unit's functions and tasks.

7. Agencies, organizations, units, individuals who are delegated shall be fully responsible for the results of implementing their delegated tasks and powers and shall not delegate further tasks or powers that have been delegated to them.

Chapter II

SPECIFIC PROVISIONS ON THE DELEGATION OF AUTHORITY FOR BUDGET MANAGEMENT, STATE ASSET MANAGEMENT, PUBLIC INVESTMENT, AND CONSTRUCTION IN INDUSTRY AND TRADE MINISTRY

Article 3. Delegation of Budget Management Authority

1. Head of the budget unit

a) Decide on the allocation of budget revenues and expenditures (including adjusted and supplementary budgets) to subordinate budget units, ensuring compliance with the allocated budget as per regulations.

b) Report to the Ministry of Industry and Trade (through the Planning, Finance, and Enterprise Management Department) on decisions regarding the allocation and adjustment of budgets mentioned in Clause 1 Point a of this Article.

c) Approve tasks and budgetary funds for procurement, maintenance, repair, renovation, and upgrading of assets and equipment serving agency operations where the total budgetary expenditure does not exceed 45 billion dong per task as basis for annual budget allocation, distribution, and assignment.

d) Approve tasks and budgetary funds for repairs, renovations, upgrades, expansions, and new construction of project components with a maximum total budgetary expenditure of 20 billion dong per task as basis for annual budget allocation, distribution, and assignment.

Article 4. Delegation of Authority for State Asset Management

1. Head of the National Competition Commission, Office of the Ministry, Inter-ministerial Steering Committee on International Economic Integration, and Departments under the Ministry

a) Issue standards and quotas for specialized equipment usage by units. After issuance, report to the Ministry of Industry and Trade for monitoring and public disclosure as per regulations.

b) Issue standards and quotas for specialized space usage by units in accordance with Article 7 Clause 1 of Decree No. 155/2025/NĐ-CP. After issuance, report to the Ministry of Industry and Trade for monitoring and public disclosure as per regulations.

c) Based on the allocated budget and permissible funding sources, organize procurement of state assets; manage and use consumable state assets; lease or lease-to-buy assets; repair and maintain assets in accordance with laws on tendering without issuing a purchase decision.

d) Decide on the transfer of state assets between units under its management.

e) Decide on the subjects, levels of cost allocation for using state assets by staff and other personnel within its jurisdiction. Allocation must ensure security, safety, efficiency, and thriftiness compared to investment, procurement, or leasing;

f) Decide on the utilization of state assets in accordance with regulations.

g) Decide on the disposal of fixed assets: scrapping (except for office premises), destruction, loss, damage.

2. Heads of self-financing public sector units, partially self-financing public sector units, and public sector units fully financed by the state (including public sector enterprises under the Ministry and public sector enterprises under Departments/Commissions)

a) Issue standards and quotas for specialized equipment usage by units. After issuance, report to the Ministry of Industry and Trade for monitoring and public disclosure as per regulations.

b) Issue standards and quotas for specialized space usage in accordance with Article 8 Clause 1 of Decree No. 155/2025/NĐ-CP. After issuance, report to the Ministry of Industry and Trade for monitoring and public disclosure as per regulations.

c) Based on the allocated budget and permissible funding sources, organize procurement of state assets; manage and use consumable state assets; lease or lease-to-buy assets; repair and maintain assets in accordance with laws on tendering without issuing a purchase decision.

d) Decide on the transfer of state assets between units under its management.

e) Decide on the subjects, levels of cost allocation for using state assets by units within its jurisdiction. Allocation must ensure security, safety, efficiency, and thriftiness compared to investment, procurement, or leasing.

f) Decide on the utilization of state assets directly serving the performance of functions and tasks of the unit in accordance with regulations.

g) Decide on the disposal of fixed assets: destruction, loss, damage for assets valued at 500 million dong or more per asset, and revaluation above 50 million dong per asset.

f) Decision on handling state assets in cases of destruction, loss, or damage;

g) Decision on liquidating state assets (excluding operational public service facilities) for assets with an original value of 500 million Vietnamese dong per unit asset or more, and revalued assets with a revaluation value of 50 million Vietnamese dong per unit asset or more.

h) Decision to sell state assets (excluding operational service facilities) for assets with an original value of 250 million Vietnamese dong or more per unit, and assets with a revalued price of 50 million Vietnamese dong or more per unit.

i) Approve the Plan for using state assets under management for business purposes, leasing, joint ventures, or partnerships after reporting to the superior management agency (if there is a superior management agency) for review and providing comments on the Plan.

3. Heads of service units ensure regular expenditures and investment expenditures (including public sector units under the Ministry and public sector units under the Bureaus/Commissions).

a) Based on the budget allocation scope and permissible funding sources, organize the procurement of state assets; manage and use state assets as consumables; lease or hire purchase assets; repair and maintain assets in accordance with laws on tendering without issuing a decision to procure.

b) Decision to transfer state assets between units under management.

c) Decide on the subjects, levels of cost allocation for using state assets. Cost allocation should ensure security, safety, efficiency, and economy compared to investment, procurement, or leasing.

d) Approve the Plan for using state assets under management for business purposes, leasing, joint ventures, or partnerships after reporting to the superior management agency (if there is a superior management agency) for review and providing comments on the Plan.

Article 5. Delegation of authority to handle seized property as evidence in administrative violations to the Director of the Bureau of Market Management and Development:

Decision to approve the handling plan for assets seized by an authorized officer of the Bureau of Market Management and Development, in cases where the handling plan is carried out according to one of the following forms:

1. Submission to the state budget;

2. Sale of assets not covered by paragraph 1, point a, paragraphs 3, 5, 6, 7 and 8 of Article 8 of Decree No. 77/2025/NĐ-CP, or assets specified in paragraph 2 of Article 8 of Decree No. 77/2025/NĐ-CP that cannot be handled through transfer or other forms.

Specifically, the handling of confiscated timber shall be carried out according to the guidelines provided by the Minister of Agriculture and Environment in accordance with the agreement between the Government of the Socialist Republic of Vietnam and the Government of the United States of America on the illegal trade in timber.

3. Liquidation for assets that still have value, usability but do not meet the standards or regulations for standard declaration or conformity assessment, or assets that can be sold as spare parts or components;

4. Destruction.

Article 6. Delegation of authority to manage public investment and construction projects

Heads of budget units, within their delegated authority and in accordance with laws on investment and construction, are responsible for:

1. Preparing, reviewing, and approving the investment preparation budget for non-construction investment projects, ensuring it is consistent with the project's objectives and content as well as the funding sources approved by the competent authority.

2. Organizing the review and approval of the economic and technical feasibility report for projects using regular budget funds with a total investment below 20 billion Vietnamese dong.

3. Approving the final account of the completed project in accordance with legal provisions, for:

a) Projects using regular budget funds as approved by the competent authority with a total investment below 20 billion Vietnamese dong;

b) Group C projects utilizing public sector investment funds.

Chapter III

ORGANIZATION AND IMPLEMENTATION

Article 7. Responsibilities of Heads of Budgetary Units

1. Exercise delegated authority over budget management, public assets, investment, and construction in accordance with the provisions on standards, conditions, procedures, and formalities as stipulated by law and the Ministry of Industry and Trade; bear responsibility before the Minister and before the law for the exercise of delegated authority.

2. Compile files, complete formalities, and propose opinions to be reviewed and decided upon or submitted to a competent authority for review and decision on budget management, public assets, investment, and construction matters as per the provisions stipulated in this Decree; bear responsibility for the necessity, effectiveness, accuracy of the data, and compliance with legal provisions in the proposed content.

3. Report to the Minister, Deputy Minister in charge, head of the superior unit directly, and the Director of the Planning, Finance, and Enterprise Management Department on documents and decisions related to budget management, public assets, investment, and construction after issuance according to authority.

4. Implement digital transformation activities in budget management, public asset management, public investment, and construction investment.

5. Nominate civil servants, staff members, and officials for training and capacity building to enhance professional expertise and digital transformation in budget management, public asset management, public investment, and construction investment.

6. Organize inspections of compliance with laws on budget management, public asset management, investment, and construction within the units under their jurisdiction.

7. Promptly report and propose to the Minister of Industry and Trade for review, adjustment, and supplementation of delegated authority provisions to ensure alignment with legal requirements and work demands.

8. Report annually or as required on the implementation status of tasks within their management authority according to regulations.

Article 8. Responsibilities of the Director of the Planning, Finance, and Enterprise Management Department

1. Serve as a focal point for compiling, monitoring, and proposing solutions to issues arising during the implementation of delegated authority provisions.

2. Implement digital transformation in budget management, public asset management, public investment, and construction investment.

3. Organize training and capacity building to update and enhance professional expertise among staff members working in the fields of budget management, public asset management, public investment, and construction investment.

4. Assist the Minister of Industry and Trade in conducting regular (through annual financial settlement reviews) or surprise inspections (as per approval by a competent authority) of the implementation of delegated authority provisions within budgetary units under the Ministry.

5. Compile, report to, and propose adjustments and supplements to the Minister of Industry and Trade for review on delegated authority provisions to ensure alignment with legal requirements and management needs of the Ministry in budget management, public asset management, investment, and construction.

6. Report annually or as required on the status and results of implementing this Decree to the Minister of Industry and Trade and the Deputy Minister in charge.

Article 9. Effective Date

1. This Decree takes effect from the date of signature.

2. The provisions on delegated authority for budget management, public asset management, public investment, and construction investment under the following decisions shall cease to have effect as of the effective date of this Decree:

a) Decision No. 2636/QĐ-BCT dated July 30, 2018 by the Ministry of Industry and Trade on delegating authority for procurement, management, and utilization of public assets in state agencies and public sector enterprises under the Ministry.

b) Decision No. 2284/QĐ-BCT dated October 8, 2021 by the Ministry of Industry and Trade on delegating authority to decide on procurement and approve tender selection plans for procurement packages of assets, goods, and services for regular operations of administrative and public sector units under the Ministry.

c) Decision No. 179/QĐ-BCT dated January 28, 2019 by the Minister of Industry and Trade on delegating authority to approve disposal plans for seized assets and means of violation as per decisions by competent authorities within market supervision forces.

d) Decision No. 1382/QĐ-BCT dated May 23, 2019 by the Ministry of Industry and Trade amending and supplementing Decision No. 179/QĐ-BCT dated January 28, 2019 by the Minister of Industry and Trade on delegating authority to approve disposal plans for seized assets and means of violation as per decisions by competent authorities within market supervision forces.

3. In the course of implementation, if any issues arise, relevant agencies, units, and organizations shall report to the Ministry of Industry and Trade (through the Planning, Finance, and Enterprise Management Department) for review and adjustment as necessary./.