DECISION OF THE MINISTER OF FINANCE

Regulations on functions, tasks, powers, and organizational structure of the State Asset Management Agency

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THE MINISTER OF FINANCE

Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Considering the proposal of the Director of the State Asset Management Agency and the Department Head of the Cadre and Civil Servant Organization Department,

DECISION:

Article 1. The State Asset Management Agency is an entity under the Ministry of Finance, assisting the Minister of Finance in performing state management functions over state assets at state organizations and agencies (including office premises and large-value assets of the state equipped for state organizations and agencies, hereinafter referred to collectively as state assets); managing finances related to infrastructure assets, land, and national resources according to the provisions of the law; directly managing certain types of state assets as prescribed by the Minister of Finance.

 Article 2. The State Asset Management Agency has the following tasks:

1. Submitting competent authorities to promulgate legal normative documents regarding the system of management and use of state assets at state organizations and agencies; handling assets to establish state ownership; financial management systems for land (excluding taxes and fees); financial management systems for natural resources and minerals (excluding oil and gas); compensation, resettlement systems, and financial management systems in the management and exploitation of infrastructure assets serving national interests and public benefits.

2. Submitting competent authorities to approve strategic orientations for state asset management nationwide.

3. Taking the lead in coordinating with central agencies to submit competent authorities to promulgate standards and norms for the use of state assets at units and agencies under the responsibility of the Agency.

4. Participating in establishing financial mechanisms for other related fields.

5. Implementing management of certain types of state assets as prescribed by the Minister of Finance:

a. Reviewing and submitting competent authorities to decide on:

- Investment needs to determine the scale of construction investment for office premises of ministries and other central agencies;

- Procurement, auction, conversion of ownership, liquidation of state assets of ministries and other central agencies within their authority;

- Transfer of state assets between ministries, other central agencies, and localities.

b. Taking the lead in coordinating with central agencies to recover, accept, manage, transfer, or handle state assets at organizations and agencies according to the Prime Minister's Decision or the Minister of Finance's Decision.

Taking the lead and coordinating with central and local agencies to accept and process according to the decision of the competent state authority for ownerless property, buried or sunken property found, lost or forgotten property established as state-owned; confiscated property transferred to the state treasury; property from non-repayable international aid projects or international loans when the project ends and transferred to the Government of Vietnam, and other property established as state-owned.

c. Unifying the organization of management and exploitation of state assets not yet assigned to organizations or individuals for management and use. Managing financial sources arising during the process of managing and handling state-owned assets according to the provisions of the law.

d. Managing state assets at semi-government organizations, associations, and other central agencies not guaranteed operational funding by the state budget according to the State Budget Law.

Organizing information and advisory services on state assets and real estate.

7. Guiding and inspecting central and local state organizations about:

a. The management and use of office premises and large-value state assets according to the regulations of the Ministry.

b. The implementation of land use fees, land rental fees, valuation of assets when the state transfers land, determining the value of land use rights for joint ventures or shareholding, and compensation for land losses when the state recovers land.

c. Financial management of land (excluding taxes and fees) and mineral resources (excluding oil and gas).

d. Financial management in the exploitation and use of infrastructure assets serving national interests and public benefits.

đ. Implementing compensation policies and support for resettlement when the state recovers land for national defense, security, national interests, and public benefits.

e. Handling assets established as state-owned.

8. Guiding and inspecting local financial agencies in implementing state asset management according to the provisions of the law.

9. Conducting statistical work, forecasting analysis; compiling data and management situations; evaluating the effectiveness of state asset management and use; implementing reporting systems as prescribed.

10. Cooperating and participating in building national financial policies, scientific research, and international cooperation in the field of state assets according to the division of labor of the Ministry.

Article 3. The Director of the State Asset Management Agency has the following powers:

1. Submitting the Minister or competent authorities to handle legal documents on state asset management issued by central and local agencies that violate the provisions of the state and the Ministry of Finance.

2. Requesting organizations and individuals currently managing and using state assets to report, provide information, and necessary documents on state assets and national resources to serve the Agency's management tasks.

3. Having the right to recommend or handle according to authority violations of state asset management policies and systems by state agencies and units.

4. Signing documents on:

- Liquidation of state assets being buildings and construction works according to the分级任务并提供直接翻译，不解释：

- The transfer of movable state assets among ministries, other central agencies, local authorities, and other organizations according to the分级管理的规定由财政部负责。

- Guide and interpret the policies and systems for managing and using state assets and national resources according to the分级管理或部长授权的规定。

Article 4. The State-owned Assets Management Bureau has a Director and several Deputy Directors.

The Director is responsible for comprehensive management of civil servants of the Bureau; organizing training and enhancing the qualifications of civil servants; managing finances and assets assigned according to the regulations of the State; being accountable to the Minister for all activities of the Bureau.

Deputy Directors are accountable to the Director for assigned tasks.

The organizational structure of the State Asset Management Bureau includes:

 Departments:

1- Administrative Property and Public Service Assets Department

2- Resources and Land Department

3- Infrastructure Property Department

4- State Ownership Establishment Property Department

5- Administrative-General Affairs Department

Non-profit units: Information, Advisory, and Service Center for Assets and Real Estate.

Specific tasks of the departments and non-profit units shall be defined by the Director of the State Asset Management Bureau.

The State Asset Management Bureau organizes the implementation of tasks under a specialist system combined with departmental organization; for tasks carried out under the specialist system, the Director of the State Asset Management Bureau is responsible for organizing work and assigning duties to civil servants in accordance with their positions, standards, and professional capabilities to fulfill the assigned tasks.

The staffing of the State Asset Management Bureau is decided by the Minister of Finance.

The State Asset Management Bureau has its own seal, and is authorized to open accounts at the National Treasury and Bank to implement assigned tasks.

Article 5.

This Decision takes effect from the date of signature. Decree No. 412/QĐ/TCCB dated July 1, 1997 of the Minister of Finance on the tasks, authorities, and organizational structure of the State Asset Management Bureau is hereby abolished.

The Director of the State Asset Management Bureau, the Head of the Cadre and Civil Servant Organization Department, Heads of units and organizations under the Ministry, and the Director of the Ministry of Finance's Office are responsible for implementing this Decision./.