Decree No. 14/1998/NĐ-CP stipulates the management of state assets, including types such as administrative and public service areas, infrastructure, national reserves, and natural resources. It defines the authorities of the Government, Ministry of Finance, central agencies, and local agencies in managing, using, maintaining, repairing, transferring, recovering, and disposing of state assets.
Đối tượng áp dụng
Ministries, ministerial-level agencies, agencies under the Government; People's Committees of provinces and centrally governed cities; political organizations, political-social organizations, social organizations, social-professional organizations; administrative and public service units.
Các điểm cốt lõi
- Agencies managing and using state assets must register and report on assets as prescribed.
- State assets in administrative and public service areas can only be used for their intended purposes, according to regulations, standards, and quotas.
- New construction investment, procurement of transportation means, and work equipment must comply with regulations on decision-making authority.
- Unneeded or unusable state assets must be liquidated promptly in accordance with the provisions of the Ministry of Finance.
- Violations in the management and use of state assets will be subject to disciplinary action, compensation for damages, or criminal liability.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Strengthening the effective management and utilization of state assets.
- Negative impact: May impose financial burdens on agencies and units in complying with regulations.
❓ Câu hỏi thường gặp
Which agency has the authority to decide on the transfer of state assets?
The Prime Minister decides on the transfer of land and buildings attached to land between ministries, agencies, and organizations at the central level. The Minister of Finance decides on the transfer of other types of assets between ministries, agencies, and organizations at the central level.
How will violations in the management and use of state assets be handled?
Violations will be subject to disciplinary action, compensation for damages to the state, or criminal liability as provided by law.
Which agency has the authority to recover state assets?
The authority to recover assets belongs to the agency with the authority to recover assets as stipulated in Clause 2, Article 14 of this Decree.
How should unneeded or unusable assets be handled?
Unneeded or unusable assets must be liquidated promptly in accordance with the provisions of the Ministry of Finance. All proceeds from liquidation, after deducting preservation and liquidation costs, must be remitted to the state budget.
Which agency is responsible for implementing this Decree?
The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees and centrally governed city People's Committees, and Heads of related organizations and agencies are responsible for implementing this Decree.
Toàn văn
DECREE
DECREE NO. 14/1998/NĐ-CP OF THE GOVERNMENT DATED MARCH 6, 1998 ON
MANAGEMENT OF STATE ASSETS
THE GOVERNMENT
Pursuant to the Law on Government Organization dated September 30, 1992;
To unify management and ensure proper, effective, and economical use of state assets;
At the proposal of the Minister of Finance,
DECREE:
Chapter 1
GENERAL PROVISIONS
Article 1.
1. State assets are those assets formed from state budget sources or with origins from the state budget, assets established as state property according to the provisions of the law, land, forests, mountains, rivers, lakes, water sources, underground resources, marine resources, and airspace.
2. Assets belonging to the entire people that the state has transferred ownership rights to political organizations, political-social organizations are assets owned by those organizations.
Article 2. State assets include:
1. State assets in the administrative and public service sector are assets that the state assigns to state agencies, public service units, armed forces units, political organizations, political-social organizations, social organizations, and social-professional organizations to manage and use, including:
b) Water resources;
b) Houses and other construction works attached to land;
c) Other assets attached to land;
d) Transportation means, working equipment, and other assets.
2. Infrastructure assets serving public interest and national interest include:
a) The transportation system;
b) Water conservancy systems;
c) Lighting, water supply, and drainage systems;
d) Cultural facilities;
e) Other infrastructure facilities.
3. State assets at enterprises.
4. Assets established as state property according to the provisions of the law, including:
a) Assets as physical evidence, means violating the law confiscated and transferred to the state treasury and fines for violating the law;
b) Buried, sunken assets found; lost, forgotten, ownerless, and other assets as prescribed by law are state assets;
c) Assets donated, gifted, contributed, and other forms of transferring ownership rights to the state by domestic and foreign organizations and individuals, government aid, non-governmental organizations, and international organizations.
5. State reserve assets.
6. Land, forests, mountains, rivers, lakes, water sources, underground resources, marine resources, and airspace (hereinafter referred to collectively as land and other natural resources).
Article 3.
1. The scope of management of state assets under this Decree is defined as follows:
a) For state assets in the administrative and public service sector and assets established as state property according to the provisions of the law, the registration and asset reporting system shall be implemented; the authority to decide on procurement and acceptance of assets shall be specified; the management, use, and disposal of assets shall be regulated;
b) For state reserve assets, the asset reporting system and financial management system during the purchase and sale process and the management of state budget capital for reserve assets shall be implemented. Management of reserve assets in kind shall be carried out according to current regulations of the Government;
c) For state assets in the infrastructure sector serving public interest and national interest, land, and other natural resources, the asset reporting system and financial management system during the investigation, planning, exploration, measurement, determination of assets, and financial management during maintenance, repair, renovation, exploitation, and use of assets shall be implemented.
2. For state assets invested in enterprises, management shall be carried out according to the laws on enterprises;
For assets in the security and defense sector, management shall be carried out according to separate regulations of the Government.
For state-owned housing, management shall be carried out according to the laws on housing.
Article 4. State assets shall be inspected, inventoried, registered, and monitored regarding both physical items and value according to the provisions of the law.
Article 5.
1. Ministries, ministerial-level agencies, and government-affiliated agencies (hereinafter collectively referred to as ministries), provincial people's committees, and centrally-administered city people's committees (hereinafter collectively referred to as provincial levels) shall have the responsibility to manage and inspect the use of state assets in their respective sectors and localities according to this Decree and other related legal documents.
2. Central state agencies; central political organizations, political-social organizations, social organizations, and social-professional organizations (hereinafter collectively referred to as central organizations) shall have the responsibility to manage and inspect the use of state assets in their respective organizations according to the law.
Article 6. Units and individuals directly assigned to manage and use state assets shall have the responsibility to:
1. Manage and use state assets in accordance with the provisions of this Decree and other related legal documents;
2. Develop and implement plans for construction, procurement, repair, renovation, and liquidation of state assets assigned to the unit in accordance with the regulations of the state. Use state assets for their intended purposes, in accordance with regulations, standards, and quotas;
3. Protect and maintain state assets.
Article 7. It is strictly prohibited to use state assets for purposes not in accordance with the intended purpose, regulations, standards, and quotas prescribed by competent state authorities.
Chapter 2
MANAGEMENT OF STATE ASSETS
PART I: MANAGEMENT OF STATE ASSETS IN THE ADMINISTRATIVE AND PUBLIC SERVICE SECTOR
Article 8.
1. State assets in the administrative and public service sector must be used for their intended purposes, in accordance with regulations, standards, and quotas; they shall not be used for personal, business, or other purposes, except where otherwise provided by law.
2. The Prime Minister shall stipulate the standards and quotas for the use of motor vehicles, office buildings, and other construction works in the administrative and public service sector.
Article 9. The agencies directly managing and using state assets have the responsibility to:
1. Register assets with the competent state financial agency:
a) Assets that must be registered include: houses, land, and other construction works attached to land, transportation means, and other valuable assets;
b) Registration content includes: name, characteristics, asset code, area (for houses and land), technical specifications, value, purpose of use, start date of use;
c) For state assets specified in Point a, Clause 1, of this Article, the agency directly using the assets must complete registration procedures according to the Ministry of Finance's regulations immediately after completing the purchase or acceptance procedures for state assets pursuant to the decision of the competent state agency or after the completion and handover of construction projects for use.
2. Maintain records for all state assets both in terms of physical items and value.
3. Report annually and submit special reports on state assets as follows:
a) For agencies directly managing and using state assets under central management, report to the immediate superior management agency for ministries, ministerial-level agencies, and government-affiliated agencies; other state agencies and organizations at the central level to compile reports on state assets of their respective ministries, agencies, and units to the Ministry of Finance;
b) For agencies directly managing and using state assets under local management, report to the immediate superior management agency for departments, bureaus, agencies, and units under provincial people's committees; district, county, town, and city people's committees within provinces (hereinafter referred to as district level) to compile reports on state assets of their respective agencies and units to the Department of Finance and Prices. The Department of Finance and Prices compiles reports on locally managed assets to the provincial people's committee and simultaneously sends the report to the Ministry of Finance;
c) The Ministry of Finance is responsible for inspecting, analyzing, and compiling reports to the Prime Minister on the management and use of state assets in the administrative and public service sector nationwide.
Article 10. Construction of houses, other construction works, and assets attached to land in the administrative and public service sector shall be carried out as follows:
1. Each year, budget-receiving units prepare reports to their higher-level supervising sectors regarding the need to construct new or additional houses, construction works, and assets attached to land for:
a) Central-level ministries, agencies, and organizations compile reports to the Ministry of Finance and the Ministry of Planning and Investment;
b) Local departments, bureaus, and agencies and district-level people's committees compile reports to the Department of Finance and Prices and the Department of Planning and Investment.
2. The state financial agency coordinates with the planning and investment agency based on the current status of houses and other construction works of administrative and public service agencies; based on usage standards and quotas for each type of house and construction work to assess the need for investment in construction to decide or propose to the competent authority to decide on the project list and construction investment capital to be included in the annual state budget estimate according to the law on state budget.
3. The authority to decide on investment in construction is governed by the current regulations on state investment and construction management.
4. After obtaining permission to construct, the project owner is responsible for organizing implementation and management according to the current regulations of the state on basic construction.
Article 11. Procurement of transportation means and working equipment for administrative and public service agencies shall be carried out as follows:
1. Each year, budget-receiving units base on the current status of transportation means and working equipment; based on the standards and quotas for the use of motor vehicles stipulated by the Prime Minister and the standards and quotas for the use of other types of assets stipulated by the competent state agency to determine the need for procurement of transportation means and working equipment, prepare a budget estimate report to the immediate superior management agency for:
a) Central-level ministries, agencies, and organizations compile reports to the Ministry of Finance;
b) Local departments, bureaus, and agencies and district-level people's committees compile and report to the Department of Finance and Prices.
2. The authority to decide on procurement of transportation means and working equipment is as follows:
a) The Minister of Finance reviews and includes in the annual central budget estimate expenditures for the procurement of transportation means and working equipment for central-level administrative and public service agencies for submission to the competent authority for decision according to the law on state budget;
b) The Director of the Department of Finance and Prices reviews and submits to the Chairman of the provincial people's committee for consideration and decision to include in the annual local budget estimate expenditures for the procurement of transportation means and working equipment for local-level administrative and public service agencies for submission to the competent authority for decision according to the law on state budget.
3. After the budget estimate for the procurement of transportation means and working equipment has been approved by the competent authority:
a) The state financial agency organizes the allocation of funds for procurement to each administrative and public service agency according to the approved budget;
b) Administrative and public service agencies are responsible for using funds for their intended purpose and purchasing assets in accordance with the regulations of the Ministry of Finance, and implementing asset registration and reporting systems as stipulated in Article 9 of this Decree;
c) At the end of the fiscal year, administrative and public service agencies must settle accounts fully and promptly for procurement expenses according to the law on state budget.
Article 12. Maintenance and repair of assets in the administrative and public service sector shall be carried out as follows:
1. All state assets in administrative and public service agencies must be maintained and repaired in accordance with the prescribed maintenance and usage technical standards and regulations set forth by competent state authorities and approved budget estimates.
2. Each budget-receiving unit shall annually prepare a budget estimate for asset maintenance and repair based on the current status of its assets and the prescribed management and usage technical standards, and report to its immediate superior supervisory agency for:
a) Ministries, agencies, and organizations at the central level to compile reports for review and approval by the Ministry of Finance to include in the state budget proposal submitted to the competent authority for decision in accordance with the State Budget Law;
b) Departments, bureaus, and agencies at the local level and district people's committees to compile reports for review and approval by the Department of Finance and Price Control to include in the state budget proposal submitted to the competent authority for decision in accordance with the State Budget Law.
3. After the budget estimate for asset maintenance and repair has been approved, administrative and public service agencies must use the funds for their intended purpose effectively, settle the annual budget expenditure, and report the results of asset maintenance and repair to the state financial agency directly providing the funding.
Article 13. The transfer of state assets in the administrative and public service sector shall be carried out in accordance with the following provisions:
1. State assets managed and used by administrative and public service agencies may only be transferred to other administrative and public service agencies or other entities upon a decision by a competent state authority, except in special cases where there is an order from a competent state authority to mobilize assets to address natural disasters or enemy threats.
2. The authority to transfer state assets is defined as follows:
a) The Prime Minister decides on the transfer of state assets including land and buildings attached to land between ministries, agencies, and organizations at the central level, and between central-level administrative and public service agencies and other organizations, upon the recommendation of the Minister of Finance and relevant ministry heads.
In necessary cases, the Prime Minister decides on the transfer of state assets including buildings, land, and other structures attached to land, and other important assets between central-level administrative and public service agencies and local-level administrative and public service agencies, upon the recommendation of the Minister of Finance, relevant ministry heads at the central level, and the Chairman of the provincial People's Committee.
b) The Minister of Finance decides on the transfer of remaining state assets between ministries, agencies, and organizations at the central level, and between central-level administrative and public service agencies and other organizations, upon the recommendation of relevant ministries and agencies.
In necessary cases, the Ministry of Finance decides on the transfer of remaining state assets between central-level administrative and public service agencies and local-level administrative and public service agencies, upon the recommendation of relevant ministries and agencies at the central level, and the Chairman of the provincial People's Committee.
c) The Ministers of each ministry and the heads of agencies equivalent to ministries and under the Government decide on the transfer of state assets between administrative and public service units within their direct management, while reporting to the Ministry of Finance in accordance with this Decree.
d) The Chairman of the provincial People's Committee decides on the transfer of state assets between administrative and public service agencies in the locality, upon the recommendation of the Director of the Department of Finance and Price Control and the heads of agencies and units transferring and receiving the assets.
3. All state assets transferred from one agency to another must be inventoried, valued, recorded as increases or decreases in assets and their values, and re-registered if required.
4. The Ministry of Finance shall stipulate the conditions, procedures, and formalities for the transfer of state assets between administrative and public service agencies.
Article 14. Recovery of state assets in the administrative and public service sector:
1. State assets shall be recovered in the following circumstances:
a) The entity directly using state assets no longer requires them or has reduced its need due to mergers, consolidations, changes in functions and tasks, or other reasons;
b) State assets exceed the permitted standards and quotas.
2. Authority to recover state assets:
a) The Prime Minister decides on the recovery of land, buildings, and other structures attached to land; the Minister of Finance decides on the recovery of remaining assets managed by central-level ministries, agencies, and organizations;
b) The Chairman of the provincial People's Committee decides on the recovery of land, buildings, other structures attached to land, and transportation equipment; the Director of the Department of Finance and Price Control decides on the recovery of remaining assets managed by localities.
3. Administrative and public service agencies directly managing and using state assets subject to recovery must fully transfer the state assets in accordance with the recovery decision.
4. State financial agencies have the responsibility to accept, manage recovered assets, and develop plans for their use to be submitted to the competent authority for decision on the transfer of state assets in accordance with Article 13 of this Decree.
Article 15. Disposal of unused or unusable state assets:
1. Unused or unusable state assets in administrative and public service agencies must be disposed of and liquidated promptly in accordance with the regulations of the Ministry of Finance.
2. All proceeds from the liquidation of state assets, after deducting preservation and liquidation costs, must be remitted to the state budget in accordance with the prescribed regime.
Article 16. State assets allocated to social organizations and social-professional organizations for direct management and use can be transferred, recovered, or disposed of in accordance with Articles 13, 14, and 15 of this Decree. However, office premises of social organizations and social-professional organizations are leased by the State.
PART II: MANAGEMENT OF STATE ASSETS IN INFRASTRUCTURE STRUCTURES SERVING PUBLIC INTEREST AND NATIONAL INTEREST
Article 17.
1. Organizations entrusted with managing, operating, and using state assets in infrastructure structures serving public interest and national interest shall be responsible for registering such state assets with the state financial agency, maintaining books to track both physical items and values, and reporting to their immediate superior management agencies for consolidation and submission to the state financial agency.
2. The content and procedures for asset registration, and the reporting process shall be carried out in accordance with Article 9 of this Decree.
Article 18. Investment in constructing new state assets in infrastructure structures serving public interest and national interest from state budget funds shall be implemented as follows:
1. Based on the orientation for developing infrastructure serving public interest and national interest set forth annually and long-term by Ministries, State agencies, central and local organizations, Ministries, agencies, and provincial People's Committees shall be responsible for building investment projects to develop infrastructure to be submitted to competent state agencies for decision-making according to current regulations on state investment and construction management.
2. After the project is completed and put into operation, the direct management and usage agency must carry out asset registration, maintain books tracking both value and physical items, and implement reporting procedures as stipulated in Article 17 of this Decree.
Article 19. Maintenance, repair, and renovation of state assets in infrastructure structures serving public interest and national interest shall be carried out as follows:
1. Based on the regulations regarding usage, maintenance, repair, and renovation, and the actual condition of the assets, organizations directly managing, operating, and using state assets shall prepare annual budgets for maintenance, repair, and renovation costs, report to the supervising agency for review and consolidation, and submit to the state financial agency at the same level.
2. The state financial agency shall cooperate with relevant sectors, based on the maintenance, repair, and renovation plans of units and the budget balance capacity of the state budget, to assess and submit to the competent authority for approval and inclusion in the annual state budget estimate.
3. Based on the approved budget, the state financial agency shall organize the allocation, monitoring, management, inspection of fund usage, participate in final acceptance, and settlement when the project is completed.
4. The direct management and operation agency shall be responsible for using the allocated funds for the intended purpose as per the approved budget.
PART III: MANAGEMENT OF CERTAIN ASSETS ESTABLISHED AS STATE OWNERSHIP
Article 20. The handling of ownerless property, buried or sunken property found, lost or abandoned property established as state ownership shall be governed by civil law; confiscated property transferred to the state treasury shall be regulated as follows:
1. For property subject to a decision to sell to the state treasury, the state financial agency shall handle the receipt of the property and organize a public auction in accordance with the law.
2. For goods or items that are easily damaged, the agency issuing the confiscation decision or the enforcement agency for property subject to a court confiscation decision or the agency currently managing the property must immediately record and organize a sale in accordance with the law.
3. For property subject to a decision to transfer to management and usage organizations, the state financial agency together with the agency currently preserving the property shall determine its value for recording income and expenditure, asset increase, and organize the transfer of the property to the receiving management and usage agency.
4. For cultural relics or historical sites, the organization receiving the property must notify the state financial agency, which will then organize the determination of the property's value, handover procedures, and record the increase in state assets for the state agency managing and using the property.
5. For immovable property, the organization or individual currently managing it shall handle the handover to the state financial agency; the state financial agency shall lead the coordination with relevant agencies to develop usage plans, submit them to the Prime Minister for decision on centrally managed immovable property, and submit to the Chairman of the Provincial People's Committee for decision on locally managed immovable property, and implement the approved plans.
In cases where immovable property is currently managed by the state financial agency, including property recovered under Articles 14 and 34 of this Decree without a usage decision from a competent state agency, the state financial agency may lease the immovable property to maximize revenue for the budget and cover preservation costs. When there is a decision from a state agency on the use of this immovable property, the state financial agency must recover the leased property and implement the decision.
Article 21. All proceeds from the sale of assets established as state-owned property must be deposited into the state budget after deducting expenses related to the work of searching for, verifying, excavating, salvaging or investigating, apprehending, transporting, receiving, storing, rewarding, organizing public auctions, and payments to persons entitled to a portion of the asset's value according to the law and other relevant expenses.
Article 22. Organizations and state agencies that receive donations, gifts, legacies, inheritances, contributions, or transfers of assets from domestic or foreign organizations and individuals shall notify the corresponding state financial agency and are responsible for managing and using these assets in accordance with state regulations.
The state financial agency is responsible for organizing the valuation of assets for recording income and expenditures in the state budget; simultaneously increasing the asset records for the units using the assets.
Article 23. Non-reimbursable aid assets shall be managed as follows:
1. Agencies and units receiving non-reimbursable aid assets must report to the state financial agency for recording income and expenditures in the state budget; simultaneously increasing the inventory of state goods, materials, and assets for the unit to manage and use in accordance with state regulations. Specifically, non-reimbursable aid assets in the form of physical items must be appraised before recording income and expenditures in the state budget.
2. Non-reimbursable aid assets for projects or serving project management boards' activities shall be established as state assets. After the project ends, the project management board must report to the state financial agency to determine the quantity and value of the assets and transfer them to the user agency according to the decision of the competent state agency. The receiving unit must manage and use the assets in accordance with this Decree and other relevant laws.
SECTION IV: MANAGEMENT OF STATE RESERVE ASSETS
Article 24. Organizations entrusted by the Government to manage state reserve assets must inspect and re-evaluate the quality and quantity of existing assets, determine the level of state reserves, periodically or urgently report to the National Reserve Agency for consolidation and reporting to the Prime Minister and concurrently send to the Ministry of Finance and the Ministry of Planning and Investment.
Article 25. The National Reserve Agency is responsible for consolidating the demand for reserve goods and materials, coordinating with the Ministry of Planning and Investment and the Ministry of Finance to develop plans for reserving goods and materials to be submitted to the Prime Minister for decision.
The Ministry of Finance reviews the need for additional capital for reserving goods and materials to record in the state budget estimate according to the law on the state budget.
Article 26. The Ministry of Finance coordinates with the National Reserve Agency and relevant ministries and sectors to implement:
1. Inspect damaged, deteriorated, lost, or surplus reserve goods and materials, and submit to the Prime Minister for consideration and decision on handling.
2. Inspect the settlement of state budget funds including: capital for purchasing reserve goods and materials; compensation for natural losses during storage; and maintenance costs for reserve goods and materials.
SECTION V: MANAGEMENT OF LAND AND OTHER NATURAL RESOURCES
Article 27. For land and other natural resources, specialized agencies managing land and natural resources must report annually or urgently about land funds, natural resource reserves, data, and information on the results of natural resource surveys, exploration, and investigation to the competent state agency and the Ministry of Finance.
Article 28. Management of funds for surveying, planning, measuring, and creating cadastral maps; surveying, exploring, and investigating natural resources (excluding oil and gas) is regulated as follows:
1. Based on the volume of work for basic surveys and natural resource protection, including geological surveys, cadastral map creation, forest resource protection investigations, and fisheries resource surveys (hereinafter referred to collectively as basic surveys and natural resource protection), approved by the competent state agency, the agency tasked with conducting basic surveys and natural resource protection prepares a budget proposal to report to the immediate superior management agency and sends it to the state financial agency, the planning and investment agency for review to record in the state budget estimate according to the law on the state budget.
2. Based on the approved state budget estimate, the state financial agency organizes the allocation of funds, monitors their use, and inspects the settlement of funds according to the current financial management system.
Article 29.
1. The state financial agency submits to the competent state agency for decision on the plan to determine revenue sources and expenditures before deciding to reclaim, allocate, or lease land.
2. The state financial agency leads and coordinates with relevant sectors to determine land prices for submission to the competent state agency for decision to compensate for land losses when reclaiming land, collect land use fees when allocating land with land use fees, organize land use rights auctions, determine the value of land use rights for joint ventures, determine the value of assets when allocating land, and determine land rental fees.
3. The exploitation and use of natural resources shall be carried out through bidding or mining contracts. The Ministry of Finance coordinates with sectoral ministries and agencies to set bidding prices, mining contract prices, bidding procedures for specific cases, and establish financial management systems for natural resource surveys, exploitation, and use.
4. Organizations and individuals using state-provided information on natural resource surveys, exploration, and investigation results for mining exploitation or further exploration must pay according to the law.
Chapter 3
TASKS AND LIMITATIONS ON THE MANAGEMENT OF STATE ASSETS
Article 30. The Government uniformly manages state assets.
Article 31. Duties and powers of the Ministry of Finance:
1. Develop plans and submit to the Government for approval the direction of development and use of state assets in administrative and public service areas.
2. Lead and coordinate with ministries and sectors in establishing management systems, standards, and usage quotas for state assets in administrative and public service areas.
3. Lead and coordinate with ministries and sectors in establishing expenditure standards and management systems to effectively manage, exploit, and utilize state assets.
4. Organizations manage and inspect the use of state assets in ministries, sectors, localities, and units directly assigned to manage and use state assets.
Article 32. Duties and powers of central ministries, agencies, and organizations managing and using state assets:
1. Develop investment construction plans and procurement of state assets under their management and use.
2. Organize the management and use of state assets under their control in accordance with the prescribed regulations, standards, and quotas.
3. Inspect the management and use of state assets by subordinate units.
4. Properly account for, register, and report on state assets according to the provisions of this Decree.
Article 33. Duties and powers of provincial People's Committees:
1. Manage and use state assets in accordance with prescribed regulations, standards, and quotas.
2. Inspect the management and use of state assets by all sectors and levels managed by the locality.
3. Decide on investment construction, procurement, reallocation, and recovery of state assets at the local level in accordance with the provisions of this Decree and other relevant laws.
4. Implement measures to strengthen state asset management.
5. Direct sectors and levels to properly account for, register, and report on state assets according to the provisions of this Decree.
6. Based on the actual situation of the locality, delegate management of state assets to sectors and levels under provincial management.
Chapter 4
SANCTIONS AND REWARDS
Article 34. Handling violations in the management and use of state assets is regulated as follows:
1. Organizations directly managing and using state assets that fail to register and report on assets as required by this Decree will be subject to:
a) Being compelled to register and report on assets at the request of the state financial agency;
b) Asset recovery if, upon inspection, it is found that the assets exceed the usage quota or standard, or are used inefficiently.
2. Organizations or individuals using state assets beyond the prescribed standards or quotas will have their assets recovered.
3. Organizations currently using state assets that fail to hand over assets within the time limit set by the competent authority upon a decision to recover assets will be handled as follows:
a) Forced to hand over assets at the request of the state financial agency;
b) All assets will be converted to lease form, with the unit bearing the cost of leasing state assets.
4. Organizations or individuals misusing state assets for purposes other than intended:
a) Will have all income derived from such misuse confiscated;
b) If they continue to misuse assets despite being penalized, they will have the assets recovered.
The authority to handle violations in the management and use of state assets as stipulated in Clauses 1, 2, 3, and 4 of this Article is defined as follows:
a) The authority to recover assets or convert them to lease form is the authority specified in Clause 2, Article 14 of this Decree;
b) Confiscation of income from misuse of state assets falls under the jurisdiction of the state financial agency.
Article 35. Organizations or individuals directly assigned to manage and use state assets who violate the management and use of state assets as prescribed by this Decree and related legal documents shall be disciplined, required to compensate for losses to the State, or criminally prosecuted according to the law depending on the severity of the violation.
Article 36. Organizations or individuals penalized for violations in the management and use of state assets may appeal the decision to the issuing authority. The appealed authority must resolve the appeal in accordance with the law on citizens' complaints and denunciations and must compensate for any damages caused in accordance with the law.
Article 37. Individuals who discover acts of infringement or wastage of state assets are entitled to rewards under the current system of the State.
Chapter 5
FINAL PROVISIONS
Article 38. This Decree shall take effect fifteen days from the date of signature. Previous regulations concerning state asset management that conflict with this Decree are hereby abolished.
The Minister of Finance is responsible for providing detailed guidance and organizing the implementation of this Decree.
Article 39. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and Heads of related organizations and agencies are responsible for enforcing this Decree.
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