Joint Circular No. 16/2015/TTLT-BKHCN-BTC guiding the management and disposal of assets formed through the implementation of scientific and technological tasks funded by the state budget.

JOINT CIRCULAR

Guidelines for managing and disposing of assets formed through the implementation of science and technology tasks funded by the state budget implementing science and technology tasks using the state budgetspecialized agency under the People's Committee of the province/city.

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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. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain provisions of the Law on Science and Technology;

Pursuant to Decree No. 95/2014/NĐ-CP dated October 17, 2014 of the Government on investment and financial mechanisms for scientific and technological activities;

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

Pursuant to Decree No. 20/2013/NĐ-CP dated February 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

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;

The Minister of Science and Technology and the Minister of Finance issue this Joint Circular guiding the management and disposal of assets formed through the implementation of 3. The Department of Finance is responsible for advising the provincial People's Committee to issue the list of members of the Land Price Table Review Council, the Land Price Review Council, and the assisting team of the Council (if any) in accordance with the law. This Circular guides budget allocation for scientific and technological tasks that use all or part of the state budget as prescribed in Articles 15, 16, and 17 of Decree No. 95/2014/NĐ-CP dated October 17, 2014 of the Government stipulating investment and financial mechanisms for scientific and technological activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the management and disposal of assets formed through the implementation of science and technology tasks funded by the state budget in accordance with the Law on Science and Technology, including:

a) Assets equipped to implement science and technology tasks;

b) Assets that are the results of implementing science and technology tasks, expressed in tangible and intangible forms;

c) Materials obtained during the implementation of science and technology tasks.

Article 2. Management, use, and disposal of assets provided to the Steering Committee, Task Leaders, Program Office, and scientific and technological organizations for administrative purposes; assets transferred from foreign parties to the Government of Vietnam not covered by this Circular shall be implemented according to Circular No. 198/2013/TT-BTC dated December 20, 2013 of the Ministry of Finance on the management, use, and disposal of assets of projects funded by the state budget.

Article 2. Applicability

1. Organizations responsible for implementing science and technology tasks.

2. Organizations and individuals who are beneficiaries of the results of implementing science and technology tasks.

3. State agencies authorized to manage state assets formed through the implementation of science and technology tasks.

4. Other organizations and individuals related to the management and disposal of assets formed through the implementation of science and technology tasks.

Article 3. Principles for managing and disposing of assets formed through the implementation of science and technology tasks funded by the state budget

1. Only necessary assets required directly for the implementation of science and technology tasks as prescribed by law shall be provided.

2. Asset provision must be appropriate to assigned tasks, approved budgets, and must promote thrift and prevent waste.

3. Assets must be used for their intended purpose, recorded, reported, maintained, and repaired in accordance with legal provisions.

4. Assets resulting from the implementation of science and technology tasks, the form of disposal, and the beneficiaries of such results must be clearly defined in the description of science and technology tasks.

5. Assets formed through the implementation of science and technology tasks must be disposed of promptly in accordance with this Circular and relevant laws when the science and technology task expires according to the Contract, or there is a decision to terminate the task, or before the expiration date if there is no longer a need for use.

6. Management and disposal of assets must be transparent; all violations must be dealt with promptly and strictly in accordance with the law.

Chapter II

MANAGEMENT AND DISPOSAL OF ASSETS EQUIPPED FOR IMPLEMENTING SCIENCE AND TECHNOLOGY TASKS FUNDED BY THE STATE BUDGET

Section 1

EQUIPMENT OF ASSETS FOR IMPLEMENTING SCIENCE AND TECHNOLOGY TASKS

Article 4. Transfer of Assets

1. The organization responsible for implementing scientific and technological tasks shall be responsible for arranging and allocating existing assets within the organization to carry out such tasks. In cases where it is not possible to arrange and allocate, the organization responsible for implementing scientific and technological tasks shall report to the competent authority to decide on the transfer of assets (if necessary) to carry out the tasks.

2. The authority to decide on the transfer of assets shall be carried out in accordance with the provisions of the law on the management and use of state assets and the provisions set forth in Articles 10, 21, and 29 of this Circular.

3. The procedures and formalities for transferring assets shall be carried out in accordance with the provisions of the law on the management and use of state assets and the provisions set forth in Articles 11, 12, 23, and 29 of this Circular.

Article 5. Leasing of Assets

1. Asset leasing shall be implemented when the following conditions are met:

a) It is not possible to arrange and allocate from the existing assets of the organization responsible for implementing scientific and technological tasks;

b) The asset transfer method cannot be applied or can only partially meet the requirements even if transferred;

c) There is a need to use the asset for a short period (less than 50% of the usage time stipulated for each asset but not exceeding three years) or the need for non-regular use;

d) The effectiveness of leasing assets is higher than purchasing assets.

2. Based on the conditions specified in Clause 1 of this Article, the organization responsible for implementing scientific and technological tasks shall prepare a list of leased assets and include it in the budget of the task, submitting it to the competent authority for approval of the scientific and technological task.

3. After receiving approval from the competent authority, the organization responsible for implementing scientific and technological tasks shall implement asset leasing in accordance with the provisions of the law on the management and use of state assets at agencies, organizations, units, and related laws.

Article 6. Procurement of Assets

1. Asset procurement shall be implemented when the following conditions are met:

a) It is not possible to arrange and allocate from the existing assets of the organization responsible for implementing scientific and technological tasks;

b) The asset transfer method cannot be applied or can only partially meet the requirements even if transferred;

c) The leasing asset method cannot be applied.

2. Based on the conditions specified in Clause 1 of this Article, the organization responsible for implementing scientific and technological tasks shall prepare a list of assets to be procured and include it in the budget of the task, submitting it to the competent authority for approval of the scientific and technological task.

3. After receiving approval from the competent authority, the organization responsible for implementing scientific and technological tasks shall organize asset procurement in accordance with the provisions of the law on procurement of assets from the state budget.

Section 2

USE, MAINTENANCE, REPAIR, ACCOUNTING, AND REPORTING OF ASSETS ACQUIRED FOR IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 7. Use, Maintenance, and Repair of Assets

1. Assets must be used for their intended purpose, ensuring efficiency and economy.

2. Assets must be inspected, maintained, and repaired according to the prescribed standards and economic-technical norms set by the competent authority. The head of the organization responsible for implementing scientific and technological tasks shall decide on maintenance and repair of assets in accordance with the law.

3. The funds for maintaining and repairing assets shall be allocated from the budget for implementing scientific and technological tasks of the organization responsible for implementing scientific and technological tasks.

Article 8. Accounting and Reporting on Assets

1. The organization responsible for implementing scientific and technological tasks shall be responsible for opening separate ledgers to track assets provided for the implementation of scientific and technological tasks according to the current accounting regulations. Purchased assets and those received through transfers shall be subject to depreciation in accordance with Circular No. 162/2014/TT-BTC dated November 6, 2014, issued by the Ministry of Finance, which stipulates the management and depreciation of fixed assets in state agencies, public service units, and organizations using state budget funds.

2. Annually, the organization responsible for implementing scientific and technological tasks shall be responsible for inventorying and preparing the Asset Inventory Report according to Model No. 01/TSKHCN issued together with this Circular. The Asset Inventory Report shall be submitted along with the annual budget report for the actual receipts and expenditures when implementing scientific and technological tasks to enable the financial management agency of the task to consolidate, monitor, and inspect asset management and utilization.

Section 3

DISPOSITION OF ASSETS PROVIDED FOR THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 9. Forms of Asset Disposition

1. Transfer of Assets:

a) Transfer to state agencies, public service units, armed forces units, political organizations, political-social organizations, enterprises wholly owned by the State (hereinafter collectively referred to as agencies, organizations, and units) that have a need to use the assets in compliance with the law and their functions and tasks;

b) Transfer to implement other scientific and technological tasks.

2. Liquidation for assets that exceed the prescribed usage period and cannot continue to be used, or are damaged and cannot be used.

3. Sale for assets not disposed of through transfer or liquidation as specified in Clause 1 and Clause 2 of this Article as follows:

a) Prioritize direct sale to the organization responsible for implementing scientific and technological tasks;

b) In cases where the organization responsible for implementing scientific and technological tasks does not have a need to purchase the assets, auction them in accordance with the law.

4. The State shall transfer without compensation assets provided for the implementation of linked scientific and technological tasks as stipulated in Article 32 of the Law on Science and Technology and Article 38 of Decree No. 08/2014/NĐ-CP dated January 27, 2014, guiding the implementation of certain provisions of the Law on Science and Technology. Organizations and individuals receiving support shall be responsible for managing and utilizing the assets to implement linked scientific and technological tasks and shall dispose of the assets in accordance with relevant laws.

5. For leased assets for the implementation of scientific and technological tasks, the disposition shall be carried out according to the contents of the Asset Lease Contract signed with the lessor.

Article 10. Authority to Decide on Asset Disposition

1. In cases of transferring assets to enterprises wholly owned by the State, the Ministry of Finance shall submit for approval.

2. For national, ministry-level, and base-level scientific and technological tasks under the central management (hereinafter referred to as scientific and technological tasks managed centrally), except for the case specified in Clause 1 of this Article:

a) The Minister, Head of Central Agency with assets shall decide (and report to the Ministry of Finance) on the transfer of assets of scientific and technological tasks within their management scope to agencies, organizations, units, and scientific and technological tasks within the management scope of other ministries, central agencies, and localities at the request of the Minister, Head of Central Agency, and the Chairman of the People's Committee of the province concerned;

b) The Minister, Head of Central Agency shall decide or delegate authority to decide on the transfer of assets to agencies, organizations, units, and scientific and technological tasks within their management scope; decide on the sale and liquidation of assets of scientific and technological tasks within their management scope.

3. For provincial and base-level scientific and technological tasks under provincial management (hereinafter referred to as scientific and technological tasks managed locally), except for the case specified in Clause 1 of this Article:

a) The Chairman of the Provincial People's Committee shall decide (and report to the Ministry of Finance) on the transfer of assets of scientific and technological tasks under provincial management to agencies, organizations, units, and scientific and technological tasks under central management or between provinces and centrally-administered cities at the request of the Minister, Head of Central Agency, and the Chairman of the People's Committee of the province concerned;

b) The Chairman of the Provincial People's Committee shall decide or delegate authority to decide on the transfer of assets to agencies, organizations, units, and scientific and technological tasks within their management scope; decide on the sale and liquidation of assets of scientific and technological tasks within their management scope.

Article 11. Procedure for handling assets

1. When the term of the science and technology task expires according to the Contract or there is a decision to terminate its implementation, the organization responsible for implementing the task shall be responsible for preserving the asset and its file until the completion of the handling process according to the decision of the competent authority.

2. At least thirty days before the expiration date of the science and technology task according to the Contract or within thirty days from the date of the decision to terminate the task, the organization responsible for implementing the science and technology task must complete the following tasks:

a) Conducting an inventory of assets. The inventory of assets must be recorded in a Record according to Model No. 02/TSKHCN issued together with this Circular; in case of excess or shortage of assets, it must be clearly stated in the inventory record, with the cause, responsibility identified, and measures proposed for handling according to the management and use regulations of state assets;

b) Proposing a plan for handling assets according to Model No. 03/TSKHCN issued together with this Circular, and sending it to the unit directly managing the budget funds assigned by the Minister, Head of the Central Agency, or Provincial People's Committee to implement the science and technology task (hereinafter referred to as the task management unit).

In case the organization responsible for implementing the science and technology task requests to transfer assets or purchase assets directly, it must propose specific measures in the handling plan.

3. The task management unit is responsible for compiling and proposing a plan for handling assets under its management, submitting it to the competent authority specified in Article 10 of this Circular for decision on handling.

4. After receiving the decision on handling assets from the competent authority, the organization shall carry out the handling of assets according to the provisions of Articles 12, 13, and 14 of this Circular.

Article 12. Organization of transferring and receiving assets with a decision to transfer

1. Within thirty days from the date of the decision to transfer assets by the competent authority, the organization responsible for implementing the science and technology task shall cooperate with the agency, organization, or unit receiving the assets to carry out the transfer and receipt of assets according to Circular No. 43/TC-QLCS dated July 31, 1996 of the Ministry of Finance guiding the receipt and transfer of assets between administrative agencies and economic organizations based on decisions by authorized agencies, and Circular No. 122/2007/TT-BTC dated October 18, 2007 of the Ministry of Finance amending and supplementing Circular No. 43/TC-QLCS.

2. The agency, organization, or unit receiving the assets is responsible for managing and using the assets in accordance with the law.

Article 13. Organization of selling assets

1. For assets with a decision to sell directly:

a) The organization responsible for implementing the science and technology task shall establish an Appraisal Board to determine the selling price or hire an organization with the necessary conditions to conduct valuation to determine the selling price of the asset. The selling price must ensure compliance with the market price of similar assets or assets with the same technical standards, quality, and origin;

b) The organization responsible for implementing the science and technology task shall sign a Sale Contract according to Model No. 04/TSKHCN issued together with this Circular; register to purchase a sales invoice for state assets at the Department of Finance or District Financial Planning Office where the unit is headquartered, in accordance with Circular No. 225/2009/TT-BTC dated November 26, 2009 of the Ministry of Finance guiding the management and use of sales invoices for state assets and seized or nationalized assets;

c) The proceeds from the sale of assets must be paid in full within thirty days from the date of signing the sale contract. In cases where the selling price of the asset is 500 million VND or more per unit and the buyer requests it, the competent authority may decide to allow the buyer to pay in installments; the minimum annual payment must be equal to the selling price divided by the remaining years of use of the asset according to the management and depreciation regulations for fixed assets in state agencies, public service units, and organizations using state budget funds as stipulated in Circular No. 162/2014/TT-BTC dated November 6, 2014 of the Ministry of Finance on the management and depreciation of fixed assets in state agencies, public service units, and organizations using state budget funds.

2. For assets with a decision to auction:

a) The organization responsible for implementing the science and technology task shall sign a contract to hire a professional auction organization to organize the auction. If a professional auction organization cannot be hired, the head of the organization responsible for implementing the science and technology task shall decide to establish an Auction Board chaired by the leader who decides to establish the Board; other members include representatives of the task management unit; financial agency representatives at the same level, technical department representatives (if necessary), and other relevant members;

b) Determination of the starting price, procedures, and auction processes shall be carried out in accordance with the laws on the management and use of state assets and laws on the auction of assets;

c) Issuing a sales invoice for state assets to the buyer shall be implemented according to the provisions of point b clause 1 of this Article.

Article 14. Organization to implement asset liquidation

1. The organization primarily responsible for implementing scientific and technological tasks shall be responsible for organizing the liquidation of assets of such scientific and technological tasks.

2. The method, procedure, and process of asset liquidation shall be carried out in accordance with the provisions of Decree No. 52/2009/NĐ-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; 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/NĐ-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. 09/2012/TT-BTC dated January 19, 2012, of the Ministry of Finance amending and supplementing Circular No. 245/2009/TT-BTC.

Article 15. Handling of assets of scientific and technological tasks not yet completed according to the Contract but no longer needed or usable

1. For scientific and technological tasks not yet completed according to the Contract but having assets that are no longer needed or usable, the organization primarily responsible for implementing the scientific and technological task must inventory and propose handling solutions to be submitted for consideration and decision by the competent authority specified in Article 10 of this Circular.

2. The form, procedure, and process of handling assets shall be carried out in accordance with the laws on management and use of state assets and Articles 9, 11, 12, 13, and 14 of this Circular.

Chapter III

MANAGEMENT AND HANDLING OF ASSETS RESULTING FROM THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS FUNDED BY THE STATE BUDGET

Article 16. Management of the formation of assets

The formation of assets and the management of the formation process as stipulated in point b, Clause 1, Article 1 of this Circular shall be implemented in accordance with the laws governing the management of scientific and technological tasks.

Article 17. Handling of assets resulting from the implementation of scientific and technological tasks funded partially by the state budget

For scientific and technological tasks funded partially by the state budget, the handling plan for assets resulting from the implementation of these tasks must be agreed upon among the co-owners and must be clearly defined in the description of the scientific and technological tasks. The State only exercises its rights in the portion of ownership belonging to the State regarding the assets.

Article 18. Transfer of assets resulting from the implementation of scientific and technological tasks funded by the state budget to the representative of state ownership

1. Within thirty days from the date the Science and Technology Council evaluates and accepts the results of the implementation of scientific and technological tasks at the level of "Achieved" or higher, the organization primarily responsible for implementing the scientific and technological task shall be responsible for inventorying the research and development results and reporting to the representative of state ownership to proceed with the transfer.

2. The representative of state ownership for research and development results using the state budget as stipulated in Clause 2, Article 41 of the Law on Science and Technology shall be responsible for transferring to the specialized agency within their management scope to receive from the organization primarily responsible for implementing the scientific and technological task.

3. The transfer of research and development results shall be recorded in a Protocol according to Model No. 05/TSKHCN issued together with this Circular.

4. Assets resulting from the implementation of joint scientific and technological tasks supported by the State without recovering investment capital as stipulated in Article 32 of the Law on Science and Technology and Article 38 of Decree No. 08/2014/NĐ-CP dated January 27, 2014, of the Government detailing and guiding the implementation of certain articles of the Law on Science and Technology belong to the organizations and individuals receiving support.

Article 19. Handling Assets

1. The transfer of ownership rights and usage rights for scientific research and technological development results funded by state budget in the form of intangible assets to beneficiaries shall be carried out in accordance with the guidance provided by the Ministry of Science and Technology in Circular No. 15/2014/TT-BKHCN dated June 13, 2014, which stipulates the procedures and formalities for transferring ownership rights and usage rights for scientific research and technological development results funded by the state budget.

2. For scientific research and technological development results funded by the state budget that do not fall within the scope defined in Clause 1 of this Article, their handling shall be conducted in accordance with the laws on state assets and the provisions set forth in Articles 20, 21, 22, 23, 24, and 25 of this Circular.

Article 20. Forms of Asset Handling

1. Priority shall be given to transferring to the leading organization implementing the science and technology task when the leading organization is a public scientific and technological institution.

2. Priority shall be given to selling directly or transferring to the leading organization implementing the science and technology task under the mechanism of state capital allocation to enterprises when the leading organization implementing the science and technology task is a state-owned enterprise.

3. Priority shall be given to selling directly to the leading organization implementing the science and technology task when the leading organization implementing the science and technology task is an economic organization without state capital.

4. In cases where it is not possible to handle the asset according to the forms prescribed in Clauses 1, 2, and 3 of this Article, the asset shall be reallocated to public agencies, organizations, or units, or sold at auction to organizations or individuals with demand.

Article 21. Procedures for Handling and Authority to Decide on Asset Handling

1. The leading organization implementing the science and technology task shall be responsible for preserving the asset until its transfer to the representative of the state owner for scientific research and technological development results; if the representative of the owner requests continued preservation, the leading organization implementing the science and technology task shall be responsible for preserving the asset until the completion of the handling process as decided by the competent authority.

2. The leading organization implementing the science and technology task shall be responsible for proposing a handling plan together with the inventory for transferring the result to the representative of the owner, to be submitted to the task management unit for consolidation and presentation to the competent authority as stipulated in Clause 3 of this Article for decision.

3. Authority to decide on asset handling:

a) The Minister, Head of Central Agency, or Chairman of the People's Committee of the province decides or delegates the decision to transfer assets, sell directly, or auction assets of tasks within the scope of management of the Ministry, central agency, province, or centrally-administered city.

b) The authority to decide on reallocating assets shall be implemented in accordance with the provisions of Article 10 of this Circular.

4. After receiving the decision on asset handling from the competent authority, the representative of the state owner shall authorize the leading organization implementing the science and technology task or the task management unit to carry out the asset handling in accordance with the provisions set forth in Articles 22, 23, 24, and 25 of this Circular.

Article 22. Implementation of asset transfer

1. Based on the decision on asset transfer issued by the competent authority, the unit managing the science and technology task shall hand over assets to the organization responsible for implementing the science and technology task as stipulated in Clause 1 and Clause 2, Article 20 of this Circular.

2. The asset transfer must be recorded in a Protocol according to Model No. 06/TSKHCN issued together with this Circular.

3. The organization receiving the assets shall have the responsibility to monitor, record the increase in assets and sources of asset formation, manage and use the assets in accordance with the provisions of the law.

4. In cases where the received assets are the result of a science and technology task funded only partially by state budget, the organization responsible for implementing the science and technology task must pay the remaining value of the assets not funded by the state budget to other owners.

Article 23. Organizations implementing asset transfer and receipt with reassignment decisions

1. Within thirty days from the date of the decision on asset reassignment issued by the competent authority, the organization responsible for implementing the science and technology task shall cooperate with the agency, organization, or unit receiving the assets to carry out the asset transfer and receipt in accordance with Circular No. 43/TC-QLCS dated July 31, 1996 of the Ministry of Finance guiding the receipt and transfer of assets between administrative and public service agencies and economic organizations based on the decision of the competent authority, and Circular No. 122/2007/TT-BTC dated October 18, 2007 of the Ministry of Finance amending and supplementing Circular No. 43/TC-QLCS.

2. The agency, organization, or unit receiving the assets shall have the responsibility to record the increase in assets and sources of asset formation, manage and use the assets in accordance with the provisions of the law.

3. In cases where the received assets are the result of a science and technology task funded only partially by the state budget, the agency or unit receiving the assets shall have the responsibility to pay the remaining value of the assets not funded by the state budget to other owners.

Article 24. Organization of asset sale

For assets with a sale decision, the direct sale or auction sale shall be carried out in accordance with the provisions of Article 13 of this Circular.

Article 25. Determination of Asset Value

1. The organization responsible for implementing the science and technology task shall have the responsibility to take the lead and coordinate with financial agencies and relevant specialized agencies to determine the asset value or hire an organization with the necessary conditions to conduct valuation activities in accordance with the law to determine the asset value.

2. The asset value shall be determined based on the market price of assets with equivalent technical standards and usage functions. For single-use dedicated assets, the asset value shall be determined based on reasonable actual costs to form the asset.

3. The asset value determined in accordance with this provision shall be used as the basis for recording the increase in asset value, sources of asset formation, and increase in state capital; as the starting price for auction sales; and as the selling price in cases of direct sales.

4. The value of intellectual property assets shall be determined in accordance with Circular No. 39/2014/TTLT-BKHCN-BTC dated December 17, 2014 of the Ministry of Science and Technology and the Ministry of Finance regarding the valuation of research results and technological development outcomes and intellectual property assets using state budget funds.

Chapter IV

MANAGEMENT AND DISPOSITION OF MATERIALS ACQUIRED IN THE PROCESS OF IMPLEMENTING SCIENCE AND TECHNOLOGY TASKS FUNDED BY THE STATE BUDGET

Article 26. Assets in the form of materials obtained during the implementation of scientific and technological tasks funded by the state budget

Assets in the form of materials obtained during the implementation of scientific and technological tasks funded by the state budget within the scope of disposal include:

1. Materials, chemicals, raw materials not used or not fully used during the implementation of scientific and technological tasks, except for materials, chemicals, raw materials allocated within the project budget for scientific and technological tasks.

2. Work-in-progress products, experimental samples from testing, investigation, collection, and evaluation during research for scientific and technological tasks that have not yet produced final products according to approved descriptions.

3. Spare parts, materials obtained from dismantling construction works, machinery, and equipment no longer usable.

Article 27. Disposal of assets in the form of materials obtained during the implementation of scientific and technological tasks partially funded by the state budget

For scientific and technological tasks partially funded by the state budget, the disposal plan for obtained materials must be agreed upon among all co-owners and must be specifically determined in the description of the scientific and technological tasks. The State only exercises its rights over the portion of ownership belonging to the State regarding the amount of obtained materials.

Article 28. Preservation of assets in the form of materials obtained during the implementation of scientific and technological tasks funded by the state budget

The leading organization implementing scientific and technological tasks is responsible for preserving the obtained material assets until the disposal process is completed as decided by the competent authority.

Article 29. Forms of disposal, decision-making authority, and procedures for disposing of materials obtained during the implementation of scientific and technological tasks funded by the state budget

The forms of disposal, decision-making authority, and procedures for disposing of materials obtained during the implementation of scientific and technological tasks as stipulated in Article 26 of this Circular shall be carried out in accordance with the laws on the management and use of state assets and the provisions of Articles 9, 10, 11, 12, 13, and 14 of this Circular.

Chapter V

FINANCIAL MANAGEMENT DURING THE DISPOSAL PROCESS OF ASSETS FORMED THROUGH THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS FUNDED BY THE STATE BUDGET

Article 30. Contents of Expenditure

1. Costs for inventory and classification of assets.

2. Costs for asset preservation: Costs for renting warehouses and storage areas to preserve assets, costs for security and maintenance activities of assets.

3. Costs for dismantling and recovering materials from construction works, machinery, and equipment.

4. Costs for selling and liquidating assets.

5. Costs for determining the value of assets, costs for hiring valuation services (if any).

6. Costs arising during the handover and receipt of assets, including transportation costs.

7. Other costs directly related to the disposal of assets.

Article 31. Budget Levels

The budget levels for each expenditure item specified in Article 30 of this Circular shall be implemented in accordance with standards, quotas, and regulations set by authorized state agencies. In cases where there are no established standards, quotas, and regulations by authorized state agencies, the head of the agency responsible for asset disposal shall determine the budget level, ensuring it aligns with current state financial management regulations and shall bear responsibility for their decisions.

Article 32. Sources of funds

1. For assets with a decision to sell or liquidate: The source of funds for the contents specified in Article 30 of this Circular shall be used from the proceeds obtained from selling or liquidating the asset. In cases where the disposal of the asset does not generate revenue or the revenue is insufficient to cover the costs, the remaining costs shall be settled and paid from the management fund for scientific and technological tasks or from the organization's own funds responsible for the scientific and technological task.

2. For assets with a decision to transfer or reallocate, the agency, organization, or unit receiving the asset shall be responsible for paying the related costs as stipulated in Article 30 of this Circular.

Article 33. Management and utilization of proceeds from the sale or liquidation of assets

After deducting the related costs as specified in Article 30 of this Circular, the organization responsible for implementing the scientific and technological task shall manage and utilize the proceeds from the sale or liquidation of assets as follows:

1. In cases where the asset was formed using state budget funds, it shall be remitted to the central government budget (for scientific and technological tasks managed by the central government); remitted to the local government budget (for scientific and technological tasks managed by local governments).

2. In cases where the asset was formed from multiple sources, including a portion from state budget funds, the corresponding amount based on the proportion of state budget investment shall be remitted to the state budget according to the provisions of Clause 1 of this Article; the remaining amount shall be paid to other owners.

Chapter VI

IMPLEMENTING PROVISIONS

Article 34. Effective Date

1. This Circular takes effect from November 1, 2015.

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

3. For assets of scientific and technological tasks that ended before this Circular took effect but have not yet been disposed of, they shall be handled according to the provisions of this Circular. In cases where there is a disposal decision but the disposal has not been completed, the subsequent steps shall continue to be carried out according to the regulations at the time of the disposal decision or in accordance with this Circular.