Circular No. 159/2014/TT-BTC guides the implementation of certain contents of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets established with state ownership.

CIRCULAR

Guidelines for implementing certain contents of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets with established state ownership.On the basis of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets with established state ownership.Managing and disposing of assets with established state ownership. establishing state ownership

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On the basis of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets with established state ownership.

Pursuant to Decree No. 52/2009/NĐ-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on Management and Use of State Property;

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the State Asset Management Agency,

The Minister of Finance issues this Circular to guide the implementation of certain contents of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets with established state ownership.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular guides the implementation of certain contents of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority and procedures for establishing state ownership over assets and managing and disposing of assets with established state ownership (hereinafter referred to as Decree No. 29/2014/NĐ-CP).

2. The management, disposal, and financial management of goods in storage in customs-controlled areas with established state ownership, buried or sunken assets shall be carried out according to separate guidelines issued by the Ministry of Finance.

Article 2. Applicability

1. State agencies, persons authorized to decide on establishing state ownership over assets.

2. Agencies, organizations, units (hereinafter referred to as units) responsible for managing and disposing of assets with established state ownership.

3. Other organizations and individuals related to the establishment of state ownership over assets and the management and disposal of assets with established state ownership.

Chapter II
SPECIFIC PROVISIONS

Section 1
MANAGEMENT AND DISPOSAL OF ASSETS AS EVIDENCE OF ADMINISTRATIVE VIOLATIONS SEIZED

Article 3. Preservation of evidence of administrative violations seized

1. The preservation of evidence of administrative violations seized shall be implemented in accordance with the provisions of Decree No. 115/2013/NĐ-CP dated October 3, 2013 of the Government on the management and preservation of evidence of administrative violations temporarily detained or confiscated through administrative procedures.

2. The preservation of assets specified in Clause 2, Article 17 of Decree No. 29/2014/NĐ-CP shall be carried out as follows:

a) Assets that are objects of historical value, cultural value, national treasures, antiques shall be transferred to the provincial state museum (hereinafter referred to as the provincial state museum) where the evidence of administrative violations is located for preservation.

b) Assets that are weapons, explosives, auxiliary tools, technical equipment, special equipment, and other assets related to national defense and security, which are confiscated by persons authorized under the Ministry of National Defense and the Ministry of Public Security, the confiscating agency shall be responsible for preserving the assets.

Assets that are weapons, explosives, auxiliary tools, technical equipment, special equipment, and other assets related to national defense and security, which are confiscated by persons authorized under other agencies, shall be transferred to the provincial People's Military Command or provincial public security agency where the evidence of administrative violations is located for preservation.

c) Assets that are Vietnamese currency, foreign currency, certificates of value, gold, silver, precious stones, and precious metals shall be transferred to the provincial State Treasury (for assets confiscated by persons authorized under central and provincial agencies) or the district State Treasury (for assets confiscated by persons authorized under district and commune-level agencies) for preservation.

Central agencies as defined in this Circular include central agencies located within the provinces, districts, and communes.

d) Assets that are parts (specimens) of rare forest animals belonging to Group IB shall be transferred to the state reserve agency assigned by the Ministry of Finance for preservation.

đ) Assets that are rare forest products not intended for commercial purposes, except those specified in point d of this clause, shall be transferred to the provincial Forest Inspection Agency (for assets confiscated by persons authorized under central and provincial agencies) or the district Forest Inspection Agency (for assets confiscated by persons authorized under district and commune-level agencies) where the evidence of administrative violations is located for preservation.

3. The specialized management agencies specified in Clause 2 of this Article shall be responsible for:

a) Accepting assets for preservation.

b) Implementing the management and preservation of assets in accordance with prescribed regulations.

Article 4. Organization for transferring seized contraband items and means of administrative violation to specialized agencies for safekeeping

1. Within five working days from the date of issuance of the decision on confiscation, the unit responsible for managing and disposing of assets as stipulated in Clause 1, Article 5 of Decree No. 29/2014/ND-CP shall be responsible for transferring the assets specified in Article 3 of this Circular to specialized agencies for safekeeping pending disposal.

2. The handover and acceptance of assets for safekeeping must be documented in a record according to Model No. 01-BBBQ issued together with this Circular and witnessed by the State Asset Management Agency under the Ministry of Finance (in cases where the managing and disposing unit and the receiving unit are central agencies); the Department of Finance or the Financial Planning Office at the location where the seized contraband items and means of administrative violation are located (in cases where the managing and disposing unit or the receiving unit is a local agency).

3. The list of documents accompanying the handover record includes:

a) Decision on confiscation of contraband items and means of administrative violation: one copy;

b) Certificate of asset appraisal results (if any): one copy;

c) Detailed list of confiscated contraband items and means of administrative violation: one original;

d) Other files and documents (if any).

4. The original of the files specified in points a and b, Clause 3 of this Article shall be kept by the unit responsible for managing and disposing of the assets. Copies of the handover files provided to the receiving unit must be signed and stamped by the authorized person of the managing and disposing unit.

Article 5. List of specialized management agencies entrusted with managing and disposing of assets

The list of specialized management agencies entrusted with managing and disposing of assets as stipulated in Clause 1, Article 18 of Decree No. 29/2014/ND-CP is as follows:

1. Assets that are historical objects, cultural values, national treasures, antiques shall be transferred to:

a) National History Museum;

b) Provincial State Museum where the contraband items and means of administrative violation were confiscated.

2. Assets that are weapons, explosives, support tools, technical equipment, special equipment, and other assets related to national defense and security shall be transferred to:

a) Provincial Military Command where the contraband items and means of administrative violation were confiscated;

b) Provincial Police, Central City Police where the contraband items and means of administrative violation were confiscated;

c) State agencies permitted to use support tools to perform professional tasks.

3. Radioactive materials shall be transferred to the Institute of Atomic Energy under the Ministry of Science and Technology.

4. Rare forest products, except for assets specified in Clause 6 of this Article, shall be transferred to:

a) Forest Protection General Department, Provincial Forest Protection Branch, District Forest Protection Station, Specialized Forest Protection Station, Protective Forest Protection Station for release back to their natural habitat for living wild animals;

b) State-managed zoos;

c) Research institutions (including breeding research institutions), environmental education institutions, specialized research institutes;

d) Vietnam Natural History Museum.

5. Parts (specimens) of rare wild animals belonging to Group IB shall be transferred according to the Prime Minister's Decision.

6. Other seized contraband items and means of administrative violation, the unit responsible for managing and disposing of assets as stipulated in Clause 1, Article 5 of Decree No. 29/2014/ND-CP shall manage and dispose of them in accordance with the provisions of the law.

Article 6. Organization for transferring assets to specialized management agencies for handling

1. For assets that must be transferred to specialized management agencies for handling as prescribed in Clauses 1, 2, 3, 4, and 5 of Article 5 of this Circular: Within three working days from the date of issuance of the confiscation decision, the unit primarily responsible for managing and handling assets as stipulated in Article 5 of Decree No. 29/2014/NĐ-CP shall have the responsibility to send the confiscation decision and notification regarding the type, quantity, volume, and current condition of confiscated assets to the State Asset Management Agency under the Ministry of Finance (in cases where the confiscation decision is issued by a central agency) or the Department of Finance (in cases where the confiscation decision is issued by a local agency) for consolidation and reporting to the competent authority to decide on the transfer of assets to the specialized management agencies as prescribed in Article 5 of this Circular for management and handling.

For assets as prescribed in Clause 6 of Article 5 of this Circular, the unit primarily responsible for managing and handling assets shall implement handling according to the provisions of Clauses 5 and 6 of this Article.

2. Competent authority to decide on the transfer of confiscated assets as prescribed in Clause 1 of this Article to specialized management agencies for management and handling:

a) The Minister of Finance decides on the transfer of assets confiscated by authorized persons of central agencies; assets confiscated by authorized persons of local agencies to organizations, units under the central level or other local agencies.

b) The Chairman of the People's Committee of the province decides on the transfer of assets confiscated by authorized persons of local agencies, except in the case prescribed in point a of this clause.

3. Within five working days from the date of receipt of the transfer decision, the unit primarily responsible for managing and handling assets shall have the responsibility to transfer the assets and all related files to the specialized management agency.

4. The transfer of assets shall be recorded in a record according to Model No. 02-BBCG promulgated together with this Circular.

5. After completing the handover and acceptance of assets, the specialized management agency as prescribed in Article 5 of this Circular shall have the responsibility to report to the competent authority for approval of the asset disposal plan in accordance with the relevant laws.

6. The specialized management agency shall have the responsibility to organize the handling of assets according to the decision of the competent authority and the relevant laws.

Specifically, for cases of negotiable instruments capable of being converted into cash (cheques, bonds), the handling shall be carried out as follows:

a) In cases where conditions for conversion into cash are met, the unit primarily responsible for managing and handling assets shall process the conversion into cash and deposit it into the state budget in accordance with regulations;

b) In cases where conditions for conversion into cash are not met, the unit primarily responsible for managing and handling assets shall process the submission to the National Treasury for storage and preservation.

Article 7. Scope of seized items and means transferred to organizations, units for use

1. Transport means include:

a) Cars;

b) Motorcycles, motorbikes, and other transport means with remaining quality ratio of 50% or more.

2. Machinery, equipment, work tools include:

a) Office equipment with remaining quality ratio of 50% or more, including desktop computers, laptops, printers, fax machines, photocopiers, projectors, fixed telephones, and other office equipment and work tools as prescribed by the Prime Minister regarding standards and quotas for office equipment and work tools of agencies and state officials;

b) Machinery and equipment used for professional work with remaining quality ratio of 50% or more and meeting professional requirements, including measuring and analyzing equipment, experimental equipment, and other specialized machinery and equipment.

3. For assets as prescribed in point b of Clause 1 and Clause 2 of this Article with remaining quality ratio below 50%, they shall be handled as follows:

a) Auctioned if the asset still has usage value;

b) Destroyed if the asset no longer has usage value.

Article 8. Organizations transferring property as evidence of administrative violations to agencies, organizations, units for use

1. For the properties specified in Clause 1 and Clause 2 of Article 7 of this Circular, within three working days from the date of issuance of the decision on confiscation, the unit responsible for managing and disposing of the property as stipulated in Article 5 of Decree No. 29/2014/ND-CP shall be responsible for sending the confiscation decision and notifying the type, quantity, volume, and current condition of the confiscated property to the State Asset Management Agency under the Ministry of Finance (in cases where the decision maker belongs to a central agency) or the Department of Finance (in cases where the decision maker belongs to a local agency) for consolidation and reporting to the competent authority to decide on the transfer of the property to the managing and using agencies, organizations, and units.

2. Based on the standards and quotas for using property and the needs of the agencies, organizations, and units, the financial agency as stipulated in Clause 1 of this Article shall decide or submit to the competent authority to decide on the transfer of the property according to Article 19 of Decree No. 29/2014/ND-CP.

In cases where it is not possible to transfer the property to the managing and using agencies, organizations, and units, the financial agency shall notify the unit responsible for managing and disposing of the property to auction the property according to Article 21 of Decree No. 29/2014/ND-CP within fifteen days from the date of receipt of the notification from the unit responsible for managing and disposing of the property.

3. Within five working days from the date of receiving the transfer decision, the unit responsible for managing and disposing of the property shall take the lead and coordinate with the financial agency to transfer the property and related documents to the receiving agency.

The handover and acceptance of the property shall be recorded in a protocol according to Model No. 02-BBCG issued together with this Circular.

4. For property transferred to agencies, organizations, and units for management and use, accounting entries for revenue into the state budget shall be made when the decision approving the handling plan is issued; accounting entries for expenditure from the state budget shall be made when the property is transferred to the managing and using agencies, organizations, and units. The value for accounting purposes is the value determined by the authorized person according to Article 60 of the Law on Handling Administrative Violations 2012.

In cases where the value of the property has not been determined, the unit responsible for managing and disposing of the property shall establish a Valuation Council to determine the value of the property. The composition of the Council includes:

a) A representative of the unit responsible for managing and disposing of the property: Chairperson of the Council;

b) A representative of the receiving agency;

c) A representative of the direct superior supervisory agency of the unit responsible for managing and disposing of the property or a representative of the state financial agency (Department of Finance or Planning and Finance Office) where the evidence or means of transportation being transferred is located.

After receiving the property, the agency, organization, or unit receiving the property shall be responsible for increasing the asset in the accounts and managing and using it in accordance with the laws on the management and use of state assets.

Article 9. Procedures for handling property in special cases requiring handling through other forms

For special cases as stipulated in Clause 4 of Article 18 of Decree No. 29/2014/ND-CP, the unit responsible for managing and disposing of the property shall proceed as follows:

1. Within five working days from the date of issuance of the confiscation decision, the unit responsible for managing and disposing of the property as stipulated in Clause 1 of Article 5 of Decree No. 29/2014/ND-CP shall prepare a handling plan and report it to the Ministry of Finance or report to the superior agency (if applicable) to request the Minister of Finance to consider and decide.

The handling plan must clearly specify: type of property; quantity/volume of property; current condition of the property; proposed form of handling for each type of property and the basis for proposing that form of handling;

2. Within ten days from the date of receipt of the report as stipulated in Clause 1 of this Article, the Minister of Finance shall approve the handling plan. If the proposed plan is deemed unsuitable, the Minister of Finance shall issue a document requesting the unit responsible for managing and disposing of the property to destroy the property according to Decree No. 29/2014/ND-CP.

Section 2
MANAGEMENT AND HANDLING OF EVIDENCE IN CASES, PROPERTY OF CONVICTED PERSONS BEING CONFISCATED

Article 10. Preservation of property as evidence in criminal cases and property of convicted persons subject to confiscation

1. The unit responsible for managing and disposing of the property as specified in Clause 2 and Clause 3 of Article 5 of Decree No. 29/2014/NĐ-CP shall be responsible for preserving the property in accordance with the provisions of the law, except in the case provided for in Clause 2 of this Article. In the event that the unit responsible for managing and disposing of the property does not have storage facilities to preserve the property, it may be authorized or hire agencies or organizations with adequate material conditions, warehouses to preserve the property. The authorization and hiring for the preservation of property must be established in a contract in accordance with the provisions of the law.

2. In the case where the property as evidence in criminal cases and property of convicted persons subject to confiscation includes items such as historical value objects, cultural value objects, national treasures, antiques, weapons, explosives, radioactive materials, special technical equipment, and other properties related to national defense and security, Vietnamese currency, foreign currencies, negotiable instruments, gold, silver, precious stones, precious metals, forest products, the preservation shall be carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 3 of this Circular.

3. The transfer of property as evidence in criminal cases and property of convicted persons subject to confiscation to specialized agencies for preservation shall be carried out in accordance with the provisions of Article 4 of this Circular.

Article 11. Procedure for deciding on approval of the plan for handling property as evidence in criminal cases and property of convicted persons subject to confiscation

1. Within ten days from the date of receiving the handover of property from the enforcement agency (for property with an enforcement decision) or from the date the confiscation decision becomes legally effective (for property confiscated by investigation agencies or the Prosecutor's Office), the unit responsible for managing and disposing of the property shall be responsible for establishing a plan for handling the property to submit to the competent authority specified in Clause 3 of Article 23 of Decree No. 29/2014/NĐ-CP for approval.

2. Within five working days from the date of receipt of the report from the unit responsible for managing and disposing of the property regarding the plan for handling property as evidence in criminal cases and property of convicted persons subject to confiscation, the competent authority specified in point b and point c of Clause 3 of Article 23 of Decree No. 29/2014/NĐ-CP shall be responsible for approving the plan for handling the property.

For property with historical, cultural, antique, and national treasure values, after receiving the report from the unit responsible for managing and disposing of the property, the Minister of Finance, the Minister of Culture, Sports and Tourism, and the Chairman of the People's Committee of the province where the confiscated property is located shall be responsible for submitting the plan for handling the property to the Prime Minister for approval.

Article 12. Organization of transferring property to specialized agencies for handling

1. Within five working days from the date of receipt of the transfer decision, the unit responsible for managing and disposing of the property shall be responsible for transferring the property and related documents to the specialized management agency specified in Article 5 of this Circular.

2. The transfer of property shall be recorded in a record according to Model No. 02-BBCG issued together with this Circular.

3. After completing the handover and acceptance, the specialized management agency shall be responsible for reporting to the competent authority for approval of the plan for handling the property in accordance with the provisions of the specialized law.

4. The organization of handling the property shall be carried out in accordance with the provisions of Clause 6 of Article 6 of this Circular.

Article 13. Transfer of assets to agencies, organizations, and units for use

1. The scope of assets transferred to agencies, organizations, and units for use shall be implemented in accordance with the provisions of Clause 1 and Clause 2, Article 7 of this Circular.

2. As for the assets specified in Clause 1 of this Article, within five working days from the date of receipt of the transfer decision, the main managing unit responsible for handling the assets shall determine the value of the transferred assets; carry out the transfer of assets and related documents to the receiving agency.

The composition of the Council for determining the value of transferred assets shall be carried out in accordance with the provisions of Clause 4, Article 8 of this Circular.

The handover and acceptance of the property shall be recorded in a protocol according to Model No. 02-BBCG issued together with this Circular.

3. For assets handled through the transfer to agencies, organizations, and units for management and use, accounting entries for revenue from the state budget shall be recorded when the decision approving the asset disposal plan is issued; accounting entries for expenditure from the state budget shall be recorded when transferring assets to agencies, organizations, and units for management and use.

4. Agencies, organizations, and units receiving the assets have the responsibility to record an increase in assets and manage and use the received assets in accordance with the laws on the management and use of state assets.

Article 14. Directed sale of assets as evidence in criminal cases and assets of convicted persons confiscated

1. For assets sold by directed sale as stipulated in Clause 2, Article 25 of Decree No. 29/2014/ND-CP, within ten days from the date of receipt of the decision approving the asset disposal plan by the competent authority, the main managing unit responsible for handling the assets shall be responsible for determining the directed sale price.

Determining the directed sale price shall be carried out in accordance with the provisions of Article 23 of Decree No. 52/2009/ND-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain articles of the Law on Management and Use of State Assets, and Circular No. 245/2009/TT-BTC dated December 31, 2009 of the Ministry of Finance detailing the implementation of certain contents of Decree No. 52/2009/ND-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain articles of the Law on Management and Use of State Assets.

2. Based on the approved plan and the directed sale price determined under Clause 1 of this Article, the main managing unit responsible for handling the assets shall sell the assets to organizations or individuals with demand.

3. The directed sale of assets shall be established in Contract Model No. 03-HDBCD issued together with this Circular.

Article 15. Determination of the initial price of assets for public auction

The determination of the initial price of assets as evidence in criminal cases and assets of convicted persons confiscated for public auction shall be carried out in accordance with the guidance of the Ministry of Finance in Circular No. 137/2010/TT-BTC dated September 15, 2010 on the determination of the initial price of state assets for public auction and the financial system of the Public Auction Asset Council.

Section 3
MANAGEMENT AND DISPOSAL OF OWNERLESS ASSETS, MISPLACED ASSETS, ABANDONED ASSETS, AND INHERITANCES WITHOUT HEIRS WHO CAN ESTABLISH STATE OWNERSHIP

Article 16. Preservation of ownerless assets, misplaced assets, abandoned assets, and inheritances without heirs who can establish state ownership

The preservation of ownerless assets, misplaced assets, abandoned assets, and inheritances without heirs who can establish state ownership and the procedures for transferring assets for preservation shall be carried out in accordance with the provisions of Articles 3 and 4 of this Circular.

Article 17. Establishing, approving plans for handling, and organizing the handling of ownerless property, lost or forgotten property, and heirless estates to establish state ownership rights.

The establishment, approval of handling plans, and organization of handling ownerless property, lost or forgotten property, and heirless estates to establish state ownership rights shall be carried out in accordance with the provisions of Article 27 and Article 28 of Decree No. 29/2014/ND-CP; Articles 11, 12, 13, 14, and 15 of this Circular.

Article 18. Appraisal Committee for Lost or Forgotten Property to Serve as Basis for Award Payment

1. The authority having the power to approve the handling plan for property as stipulated in Clause 3 of Article 27 of Decree No. 29/2014/ND-CP decides to establish the Appraisal Committee to determine the value of lost or forgotten property to serve as the basis for award payment.

2. Composition of the Appraisal Committee:

a) The person authorized to decide on the establishment of the Committee or the person authorized to act as Chairperson of the Committee;

b) Representative of the financial agency (Ministry of Finance for property approved by the central competent authority; Department of Finance for property approved by the local competent authority);

c) Representative of the entity responsible for receiving, storing, and preserving the property;

d) Representative of the technical department or experts on property;

e) Other relevant members.

3. Principles of Operation of the Appraisal Committee:

The Appraisal Committee operates based on collective principles. Meetings of the Committee must have at least two-thirds of the total number of members present. Decisions of the Committee must be agreed upon by more than half of the members and recorded in minutes. In case of a tie vote, the decision follows the opinion of the Chairperson.

The Committee may hire or entrust the entity responsible for receiving, storing, and preserving the property as stipulated in Article 26 of Decree No. 29/2014/ND-CP to engage an organization with the necessary conditions for valuation to determine the value of lost or forgotten property for review and reference before making a decision.

Representatives of organizations or individuals who discover and hand over lost or forgotten property and provide information have the right to attend meetings of the Appraisal Committee and can express opinions but do not have voting rights.

4. The Committee is responsible for appraising lost or forgotten property according to current legal regulations on appraisal principles, methods, and standards. In special cases where the value of the property cannot be determined, the Committee shall notify the competent state authority specified in Clause 3 of Article 29 of Decree No. 29/2014/ND-CP to decide on the award amount as stipulated in Clause 5 of Article 29 of Decree No. 29/2014/ND-CP.

5. The deadline for the Appraisal Committee to issue the appraisal result is thirty days from the date of the Decision establishing the Committee. In cases of complex appraisals, the time limit may be extended, but the extension period shall not exceed thirty days.

6. The Appraisal Committee will dissolve itself after completing the appraisal work.

Section 4
HANDLING PROPERTY DONATED VOLUNTARILY TO THE STATE BY ORGANIZATIONS AND INDIVIDUALS

Article 19. Preservation of Property Donated Voluntarily to the State by Organizations and Individuals

The preservation of property donated voluntarily to the state by organizations and individuals and the procedures for transferring such property for preservation shall be carried out in accordance with the provisions of Article 32 of Decree No. 29/2014/ND-CP and Article 10 of this Circular.

Article 20. Establishment, Approval of Disposal Plans, and Organization of Disposal of Assets Transferred Voluntarily to the State by Organizations and Individuals

The establishment, approval of disposal plans, and organization of disposal of assets transferred voluntarily to the state by organizations and individuals shall be carried out in accordance with the provisions of Articles 33, 34, and 35 of Decree No. 29/2014/NĐ-CP; Articles 11, 12, 13, 14, and 15 of this Circular.

Article 21. Forms of Disposal of Assets of Foreign-Invested Enterprises Transferred to the Government of Vietnam According to Commitments

1. Based on the results of inventory and classification by the Inventory and Classification Board as stipulated in Article 16 of Decree No. 29/2014/NĐ-CP, the unit responsible for managing and disposing of assets shall be responsible for establishing a disposal plan for submission to the competent authority for approval.

2. Forms of asset disposal:

a) For assets attached to land (office buildings, factories, and other structures attached to land):

- Transfer to state agencies or public service units for management and use;

- Transfer to enterprises wholly owned by the state for management, operation, and business through capital increase;

- Auction according to the provisions of the law;

- Demolish and scrap assets that have deteriorated and are no longer usable; materials recovered shall be sold.

b) For other assets not falling within the scope specified in point a above:

- Transfer to state agencies, public service units, people's armed forces units, political organizations, and social-political organizations for management and use for transportation means, machinery, equipment, working tools, and experimental equipment according to standards and norms prescribed by competent state authorities;

- Auction.

- Demolish and scrap assets that have deteriorated and are no longer usable; materials recovered shall be sold.

Article 22. Organization of Disposal of Assets of Foreign-Invested Enterprises Transferred to the Government of Vietnam According to Commitments

1. For assets transferred for management and use by agencies, organizations, and units, the organization of disposal shall be carried out in accordance with the provisions of Article 13 of this Circular.

2. For assets transferred to enterprises wholly owned by the state, the unit responsible for managing and disposing of assets shall determine the value of the assets in accordance with Article 38 of Decree No. 52/2009/NĐ-CP and report to the competent authority to decide on increasing state capital in the enterprise.

3. For assets auctioned and materials recovered and sold, the organization of disposal shall be carried out in accordance with the provisions of Article 25 of Decree No. 29/2014/NĐ-CP and Articles 14 and 15 of this Circular.

4. For assets that must be demolished and scrapped, the organization of disposal shall be carried out in accordance with the provisions of Article 30 of Decree No. 52/2009/NĐ-CP.

5. For assets attached to land, the unit responsible for managing and disposing of assets shall report to the People's Committee of the province to direct relevant units to implement procedures related to land in accordance with the law.

Section V
FINANCIAL MANAGEMENT IN THE MANAGEMENT AND DISPOSAL OF ASSETS ESTABLISHED WITH STATE OWNERSHIP RIGHTS

Article 23. Contents of Expenditures for Management and Disposal of Assets Established with State Ownership Rights

1. Expenses related to the management and disposal of administrative violation objects seized; assets from criminal cases transferred for administrative handling and seized shall be implemented in accordance with Circular No. 173/2013/TT-BTC dated November 20, 2013, guiding the implementation of certain contents regarding the management and disposal of administrative violation objects and means seized under administrative procedures.

2. Expenses related to the management and disposal of evidence in criminal cases, assets of convicted persons seized; assets from administrative violations transferred for criminal handling and seized; other assets established with state ownership rights include:

a) Transportation, storage costs; testing, appraisal, valuation costs of assets; compensation costs due to objective reasons (if any) up to the time of the decision approving the disposal plan by the competent state authority. In cases where the receiving and storing agency has been provided with warehouses, transportation means, and regular funding by the state, they shall not be reimbursed for expenses related to the transportation and storage of those assets;

b) Costs of transferring, receiving, loading, transporting, and storing assets from the time of the decision approving the disposal plan by the competent authority until the completion of the disposal process;

c) Costs incurred during the sale of assets: initial valuation costs; costs of hiring appraisals, repairs, and maintenance of assets for sale if repairs are required before selling; costs to mitigate losses to assets due to objective reasons; fees paid to professional auction organizations for auctions (for cases where auctions are conducted through an Asset Auction Council);

d) Import duties, VAT, special consumption taxes (if applicable) for goods temporarily imported for re-export but now allowed for formal importation by the competent state authority;

đ) Costs for caring for and rescuing wild animals prior to disposal as decided by the competent state authority;

e) Allowances, bonuses, night shift, and overtime pay for organizations and individuals involved in asset disposal;

g) Allowances during treatment for officers and soldiers injured or wounded while carrying out asset disposal tasks;

h) Fees and charges (if any);

i) Costs for implementing the destruction of assets;

k) Other related expenditures.

Article 24. Principles for managing and disposing of assets established with state ownership rights

1. For expenditures that have standards, norms, and regulations set by competent state agencies, such expenditures shall be implemented according to those provisions. For expenditures without established standards, norms, and regulations set by competent state agencies, the head of the unit primarily responsible for managing and disposing of the assets shall decide based on actual circumstances arising and the financial capacity to dispose of the assets, and shall bear responsibility for their decisions.

2. For expenditures related to purchasing information, reasonable and legitimate expenses incurred during the process of handling criminal law violations in anti-smuggling, commercial fraud, and counterfeit goods cases, these shall be carried out in accordance with Circular No. 59/2008/TT-BTC dated July 4, 2008, issued by the Ministry of Finance, guiding the management and use of revenue from the handling of violations in the field of anti-smuggling, commercial fraud, and counterfeit goods, and Circular No. 51/2010/TT-BTC dated April 14, 2010, regarding amendments and supplements to Circular No. 59/2008/TT-BTC.

3. For cases transferred from administrative proceedings to criminal proceedings or vice versa, transportation and preservation costs incurred before transfer shall be included in the regular operating budget of the asset preservation unit; other expenses as stipulated in Clause 2, Article 23 of this Circular shall be reimbursed from the asset disposal fund as prescribed in Article 37 of Decree No. 29/2014/NĐ-CP.

Article 25. Settlement of Expenditures for Managing and Disposing of Assets Established with State Ownership Rights

1. Expenditures to be settled must have valid and reasonable supporting documents as prescribed. In cases where expenditures are made by competent state agencies (such as appraisal fees, animal care and rescue fees, and other expenses), receipts issued by those state agencies shall serve as the basis for settlement.

2. The Department of Finance of provinces and centrally-administered cities shall approve expenditures for asset disposal decided by authorized officials at central-level agencies and provincial-level agencies to establish state ownership; the Financial Planning Office of districts shall approve expenditures for asset disposal decided by authorized officials at district-level and commune-level agencies to establish state ownership.

3. Settlement of expenditures as specified in Article 23 of this Circular shall be conducted based on the actual reasonable and legitimate expenditure amount of each case or the quota set by competent state agencies.

For types of assets frequently established with state ownership rights, based on the actual management and disposal situation of assets established with state ownership rights, the Minister, the head of central-level agencies, and the People's Committee of provinces and centrally-administered cities shall stipulate the ratio (quota) of management and disposal expenses of assets established with state ownership rights relative to the proceeds from asset disposal for the primary managing and disposing units within the scope of management of ministries, sectors, and localities to apply uniformly. The maximum quota shall not exceed forty percent of the proceeds from the disposal of assets established with state ownership rights; the primary managing and disposing units may independently use allocated funds for expenditures as prescribed in Article 23 of this Circular.

If, during the implementation of asset disposal, actual disposal costs exceed the allocated quota and there are complete files and documents proving the necessity and appropriateness of the expenditures for asset disposal, the primary managing and disposing unit shall report to the competent financial authority for approval as stipulated in Clause 2 of this Article for review and decision.

4. For criminal cases or cases transferred from administrative proceedings to criminal proceedings and decided by competent authorities to terminate the case, within one (01) year from the date of the termination decision, the primary managing and disposing unit shall be responsible for settling costs related to the management and disposal of seized items from that case from the fund specified in Article 37 of Decree No. 29/2014/NĐ-CP.

Chapter III
IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Circular takes effect from December 12, 2014.

2. Repeal Circular No. 166/2009/TT-BTC dated August 18, 2009, issued by the Ministry of Finance, guiding the handling of certain types of confiscated assets and assets established with state ownership rights.

3. During implementation, if the regulatory legal documents cited for application in this Circular are amended, supplemented, or replaced by new regulatory legal documents, they shall be applied according to the new documents.

Article 27. Organization LIMITATION a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters.

1. The attached forms to this Circular provide for the record of transfer, receipt of assets for safekeeping, the record of transfer, receipt, and compulsory sale of assets established with state ownership rights, Decision on establishing state ownership rights over assets, Decision on transferring, selling, and destroying assets established with state ownership rights.

2. During implementation, if any difficulties arise, agencies, organizations, and units are requested to promptly report to the Ministry of Finance for coordination in resolving them./.