Circular No. 166/2009/TT-BTC guiding the handling of certain types of assets confiscated for state funds and assets established with state ownership rights.

CIRCULAR

Guidelines for Handling Certain Types of Assets Confiscated and Transferred to the State Treasury

and Assets Established with Ownership Rights of the State

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Based on the Civil Code dated June 14, 2005;

Pursuant to the Criminal Code dated December 21, 1999;

Based on the Criminal Procedure Code dated November 26, 2003;

Pursuant to the Law on Management and Use of State Assets dated June 3, 2000;

Pursuant to the Civil Enforcement Law on November 14, 2008;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

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 Assets;

Pursuant to Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government stipulating the分级翻译如下：

The Ministry of Finance guides the handling of certain types of assets confiscated for the state treasury and assets established as state-owned property as follows:

Part I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. This Circular provides guidance on the handling of certain types of assets that have been decided by competent state authorities to be confiscated for the state treasury or to establish state ownership (hereinafter referred to collectively as assets), including:

a) Assets confiscated for the state treasury according to the provisions of the Civil Enforcement Law;

b) Assets confiscated for the state treasury as evidence in criminal cases, part or all of which belong to the person convicted according to the provisions of the Criminal Procedure Law and Criminal Law;

c) Immovable property with undetermined ownership that has been established as state-owned property according to the provisions of the Civil Law;

d) Lost or abandoned property with undetermined ownership or whose owner cannot reclaim, established as state-owned property according to the provisions of the Civil Law;

đ) Property without heirs, established as state-owned property according to the provisions of the Civil Law;

e) Property transferred by organizations and individuals inside and outside the country to the State of Vietnam in the form of donation, gift, contribution, aid, sponsorship, and other transfer forms;

g) Gifts handed over to state agencies according to the regulations of the Government or the Prime Minister.

2. Types of assets not subject to the scope of application of this Circular include:

a) Assets confiscated for the state treasury due to administrative violations;

b) Assets of programs and projects using state budget funds;

c) Surplus assets stored in bonded warehouses;

d) Surplus assets at Vietnamese seaports;

đ) Buried or sunken assets found.

Article 2. Principles for Handling Assets

1. The handling of assets as prescribed in this Circular shall apply from the time the competent state authority decides to confiscate for the state treasury or to establish state ownership over such assets.

2. The acceptance, storage of assets, formulation of asset disposal plans, and approval of asset disposal plans shall be carried out by state agencies in accordance with the provisions of the law.

3. Asset disposal shall be conducted strictly in accordance with the approved asset disposal plan by the competent state authority, ensuring transparency and compliance with prescribed procedures.

Part II

SPECIFIC PROVISIONS

Article 3. Acceptance, Storage of Assets and Related Documents

1. Acceptance and Storage of Assets.

The state agency deciding to confiscate for the state treasury or to establish state ownership shall decide to entrust relevant agencies or units to accept and store assets during the waiting period for disposal, specifically:

a) Entrusting cultural management agencies with assets that are historical-cultural relics, national treasures, unique or particularly valuable cultural, scientific, or historical objects according to the Cultural Heritage Law.

b) Entrusting security and defense agencies with assets that are weapons, explosives, radioactive materials, special technical equipment, and other assets related to security and defense.

c) Entrusting the State Treasury at the provincial level (for assets confiscated for the state treasury or established as state-owned property by central or provincial-level agencies) or the State Treasury at the district level (for assets confiscated for the state treasury or established as state-owned property by district-level agencies) with assets that are Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals.

d) Entrusting forest rangers with forestry products. In cases where forestry products are injured, sick, or weak wild animals requiring rescue, they should be transferred to the nearest wildlife rescue center before being handed over to the forest ranger agency.

đ) Entrusting financial agencies at the same level with evidence and temporarily detained assets that are ordered to be confiscated for the state treasury by court judgments. For assets confiscated for the state treasury executed by military region enforcement agencies, they should be handed over to the Department of Finance where the military region enforcement agency is located.

e) Entrusting health management agencies with assets that are medicines and medical equipment.

g) The agency issuing the decision to confiscate for the state treasury or to establish state ownership shall accept and store assets that do not fall within the scope defined in points a, b, c, d, đ, and e of this clause.

2. If the agency entrusted with accepting and storing assets does not have the conditions to store the assets, it may delegate the task to another agency or organization with appropriate facilities and warehouses, and must cover the related expenses incurred, except for some cases specified in point a of Clause 1, Article 6 of this Circular. The delegation of asset storage must be formalized through a contract in accordance with the law.

3. Acceptance of Related Documents and Papers.

a) The Ministry of Finance (State Asset Management Bureau) shall accept related documents and papers (hereinafter referred to collectively as documents) for assets under the approval authority of the Prime Minister and the Minister of Finance according to point a and point b of Clause 3, Article 4 of this Circular.

b) The agency deciding to establish state ownership shall accept documents for lost or abandoned property found without or with undetermined owners according to point c of Clause 3, Article 4 of this Circular.

c) The Department of Finance shall accept the dossier for assets within the approval authority of the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as the Provincial People's Committee) in accordance with point d, Clause 3, Article 4 of this Circular.

d) The financial agency at the district level shall accept the dossier for assets within the approval authority of the Chairman of the Provincial People's Committee but delegated to the Chairman of the District People's Committee for approval in accordance with point d, Clause 3, Article 4 of this Circular.

4. The agency accepting the dossier as stipulated in Clause 3 of this Article shall be responsible for taking the lead and coordinating with the agency issuing the decision to confiscate and transfer to the State Treasury or the decision to establish State ownership, the agency receiving and preserving assets as stipulated in Clause 1 of this Article, and other relevant units to compile a list of assets, quantity or volume according to each type of asset; appraise the assets (if necessary); develop the asset disposal plan in accordance with Article 4 of this Circular.

5. The acceptance and preservation of assets and related dossiers shall be recorded in a protocol confirmed by the transferring party, the receiving party, and the witness (if necessary). The main contents of the protocol include: time and place of handover and acceptance; participants in the handover and acceptance; name, type, quantity, condition of the asset at the time of handover and acceptance; list of accompanying dossiers (if any), and other related contents.

Article 4. Asset Disposal Plan

1. Agencies entrusted with accepting asset dossiers shall develop the asset disposal plan through the following methods:

a) Transfer to state agencies with the function of custody and management for weapons, explosives, radioactive materials, special technical equipment, assets in the field of national defense and security; relics, antiques, national treasures, and other assets not permitted to circulate.

b) Transfer to state agencies or public service organizations for management and use for immovable property, machinery, transportation means, working equipment, experimental equipment according to standards and norms prescribed by competent state agencies.

c) Transfer to the State Treasury for Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals.

d) Dispose of forest products in accordance with laws on forest protection and development.

đ) Transfer to state agencies with the function of health management for medicines and medical equipment.

e) Destroy assets that are no longer usable or fall under the prohibited production, trading, and circulation categories as prescribed by law, such as harmful cultural products, fake goods without value, items harmful to human health, animals, plants, and other assets required to be destroyed.

g) Sell assets in accordance with the law for assets not covered by points a, b, c, d, đ, and e of this clause.

2. The agency developing the asset disposal plan shall submit it for approval by the competent state agency within a maximum of ten working days from the date of completing the asset dossier acceptance process.

3. The authority to approve the disposal plan is as follows:

a) The Prime Minister shall approve the asset disposal plan for historical and cultural relics, relics, antiques, national treasures, except where otherwise provided by law or ordinance.

b) The Minister of Finance shall approve the asset disposal plan for assets confiscated and transferred to the State Treasury or decided to establish State ownership by Ministries, ministerial-level agencies, government agencies, and other central state agencies.

c) The agency deciding to establish State ownership over lost or abandoned assets found shall approve the asset disposal plan after obtaining the agreement of the same-level finance agency in accordance with point c, Clause 2, Article 17 of Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government on the delegation of state management authority over state assets at administrative agencies and public service organizations, and assets established as State-owned.

d) The Chairman of the Provincial People's Committee shall approve or delegate the approval authority for the asset disposal plan for assets not covered by points a, b, and c of this clause.

Article 5. Implementation of the asset disposal plan approved by the competent authority

1. For assets transferred to state agencies with the function of custody and management:

a) Transfer to cultural agencies for historical and cultural relics, national treasures, artifacts, antiques that are unique items or have special value in science, culture, and history, as prescribed by laws on cultural heritage.

b) Transfer to military agencies, security agencies for weapons, explosives, radioactive materials, special technical equipment, and other assets related to security and defense.

2. For assets transferred to state agencies and public service units for management and use:

a) The agency receiving and preserving the assets shall take the lead in coordinating with relevant agencies and state agencies, public service units receiving the assets to transfer the assets specified in point b, Clause 1, Article 4 of this Circular.

b) The value of the transferred assets shall be determined according to the provisions of Circular No. 43 TC/QLCS dated July 31, 1996, issued by the Ministry of Finance guiding the receipt and handover of assets between administrative and public service agencies, economic organizations based on decisions of competent authorities, and Circular No. 122/2007/TT-BTC dated October 18, 2007, issued by the Ministry of Finance amending and supplementing certain contents of Circular No. 43 TC/QLCS.

c) State agencies and public service units receiving the transferred assets shall be responsible for recording the increase in assets, managing, and using the assets in accordance with the law.

3. For assets transferred to the National Treasury:

a) National Treasuries at all levels shall receive the assets specified in point c, Clause 1, Article 4 of this Circular.

b) In necessary cases, the financial agency shall take the lead in coordinating with relevant agencies to appraise the assets, identify artifacts, antiques, national treasures (if any) for handling in accordance with the regulations.

c) For assets in the form of Vietnamese currency, the National Treasury shall record the payment into the state budget in accordance with the law on state budget. For assets in foreign currency, the National Treasury shall record the receipt of the centralized foreign exchange fund (in original currency); simultaneously convert it into Vietnamese currency to pay into the state budget in accordance with the law on state budget. For assets in the form of securities, gold, silver, precious stones, and precious metals not belonging to artifacts, antiques, and national treasures, they shall be handled by selling and paying the proceeds into the state budget in accordance with the provisions of Clause 8 of this Article.

4. Transfer to forest rangers' agencies for forest products for handling in accordance with the law on forest protection and development.

5. Transfer to health agencies for medicines and medical equipment for handling in accordance with the law.

6. The transfer of assets as stipulated in Clauses 1, 2, 3, 4, and 5 of this Article shall be recorded in a protocol. The main content of the protocol includes: basis for implementing the transfer; time and place of transfer; participants in the transfer; name, type, quantity, condition of the assets at the time of transfer; list of accompanying documents (if any), and other related contents.

7. For assets to be destroyed:

a) The agency receiving and preserving the assets shall take the lead in coordinating with the same-level financial agency and agencies with the function of destruction to destroy the assets specified in point e, Clause 1, Article 4 of this Circular in accordance with the law.

b) The destruction of assets must be recorded in a protocol. The main content of the protocol includes: basis and reasons for destruction; time and place of destruction; participants in the destruction; name, type, quantity, condition of the assets at the time of destruction; method of destruction, and other related contents.

8. For assets to be sold:

a) The sale of assets as stipulated in point g, Clause 1, Article 4 of this Circular shall be conducted through public auction in accordance with the law on management and use of state assets, except for cases where designated sales are allowed as provided in points b, c, and d of this clause.

b) If the re-evaluated value of the asset is less than VND 50 million per unit of asset, it can be sold through designated sales.

c) If the asset is goods or items prone to damage (fresh live goods, easily perishable goods, difficult to store goods, processed food with remaining shelf life under 30 days, wild animals that have died but are not required to be destroyed according to the law on forest protection and development...), the agency deciding to confiscate and deposit into the state treasury or establish state ownership must immediately organize direct sales without auctioning.

d) If the asset is prohibited import materials that must be re-exported, it shall be sold through public auction to economic organizations with the function of re-exporting in accordance with the law. If there is only one economic organization with the function of re-exporting such materials, it shall be sold through designated sales.

đ) Determination of the selling price and organization of asset sales shall be carried out in accordance with current laws on management and use of state assets.

e) For assets requiring conditions for organizations or individuals purchasing the assets, it shall be implemented in accordance with the law.

g) Management and use of invoices for the sale of confiscated assets deposited into the state treasury shall be carried out in accordance with the regulations of the Ministry of Finance.

Part III

FINANCIAL MANAGEMENT

Article 6. Expenses

1. Expenses related to the handling of assets include:

a) Transportation and storage costs; testing, appraisal, and valuation costs for temporarily detained assets; compensation costs for losses due to other causes (if any) up to the time of the decision approving the asset disposal plan by the competent state agency. In cases where the agency receiving and storing assets has been provided with warehouses and transportation means by the State, such agencies shall not be reimbursed for expenses related to transportation and storage of those assets.

b) Costs for delivery, receipt, loading, unloading, transporting, and storing assets from the time of the decision approving the asset disposal plan by the competent authority until the completion of the disposal process.

c) Expenses incurred during the sale process of assets: initial valuation costs; costs for hiring appraisals and repairs if the asset needs repair before it can be sold; costs to mitigate asset losses due to external factors; auction fees paid to organizations authorized to sell assets through auctions; costs for auctions conducted by the Auction Committee (in cases of auctions conducted through the Asset Auction Committee).

The Asset Auction Committee may be temporarily allocated up to 5% of the value (based on the initial price) of the auctioned assets by the financial authority to cover auction-related expenses. After the auction concludes, the Auction Committee must settle and reconcile the advance payment according to current regulations.

d) Import duties, VAT, and special consumption taxes (if applicable) for goods that were temporarily imported and re-exported but are now officially allowed to be imported by the competent state agency.

đ) Fees and charges (if applicable).

e) Costs for caring for and rescuing wild animals prior to their disposal as decided by the competent state agency.

g) Costs for destroying assets.

h) Other related expenses.

2. For expenses with specific provisions regarding the amount, they shall be implemented according to these provisions. For expenses without specific provisions regarding the amount, the head of the agency responsible for asset disposal shall decide based on actual occurrences and the budget available for asset disposal and bear responsibility for their decisions.

3. For reasonable and legitimate expenses incurred during the handling of violations in anti-smuggling, commercial fraud, and counterfeit goods, the provisions of 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 anti-smuggling, commercial fraud, and counterfeit goods sector, shall apply.

4. In cases where the central agency or provincial agency approves the asset disposal plan, the provincial financial authority shall be responsible for reviewing and approving reasonable and legitimate expenses according to this Circular. In cases where the district agency approves the asset disposal plan, the district financial authority shall review and approve expenses according to this Circular.

Article 7. Source of funds

1. For assets disposed of through sale, the source of funds for expenses as stipulated in Clause 1, Article 6 of this Circular shall be sourced from the proceeds of the sale deposited into the temporary account at the State Treasury. If the sale proceeds are insufficient to cover the expenses recorded in the temporary account for the agency or unit handling the assets, the remaining balance may be used to support the settlement of expenses; if there is a shortfall, assistance from the state budget shall be requested according to current regulations.

2. For assets disposed of through other methods (transfer, destruction), the source of funds for expenses as stipulated in Clause 1, Article 6 of this Circular shall be arranged as follows:

a) The state budget shall allocate within the annual regular expenditure budget of agencies and units assigned the main responsibility for asset disposal to ensure funding for asset disposal.

In cases where asset disposal is carried out by a multi-sector committee, participating agencies and units shall use their annually allocated regular expenditure budgets to carry out their assigned tasks.

b) For assets transferred to agencies and units for retention and management or transferred to agencies and units for management and use, expenses incurred before the decision approving the asset disposal plan by the competent state agency shall be implemented according to point a of this clause; expenses incurred from the decision approving the asset disposal plan by the competent state agency until the completion of the transfer shall be borne by the receiving agency or unit.

Article 8. Management of funds obtained from the sale of assets

1. The entire amount of funds obtained from the sale of assets shall be deposited into a temporary holding account at the State Treasury and managed by the financial authority. Funds obtained from the sale of assets for which the disposal plan is approved by central agencies and provincial-level agencies shall be deposited into a temporary holding account of the provincial-level financial authority opened at the State Treasury; funds obtained from the sale of assets for which the disposal plan is approved by district-level agencies shall be deposited into a temporary holding account of the district-level financial authority opened at the State Treasury.

2. After deducting related expenses as stipulated in Clause 1, Article 6 of this Circular, the remaining funds obtained from the sale of assets shall be deposited into the state budget in accordance with the laws on the state budget.

Part IV

IMPLEMENTATION

Article 9. Implementation Provisions

1. This Circular shall take effect 45 days from the date of signature.

2. Repeal Decision No. 1766/1998/QĐ-BTC dated December 7, 1998 of the Minister of Finance on the issuance of the Regulations on management and disposal of assets when there is a decision to confiscate and transfer to the state treasury and assets established as state-owned property, and Decision No. 29/2000/QĐ-BTC dated February 29, 2000 of the Minister of Finance on amending and supplementing certain provisions of the Regulations on management and disposal of assets when there is a decision to confiscate and transfer to the state treasury and assets established as state-owned property issued together with Decision No. 1766/1998/QĐ-BTC dated December 7, 1998 of the Minister of Finance.

3. The Ministry of Finance, ministries, ministerial-level agencies, agencies under the Government, central-level state agencies, and People's Committees at all levels shall guide and inspect the handling of assets confiscated and transferred to the state treasury and assets established as state-owned property according to the guidelines set forth in this Circular.

Annually, ministries, ministerial-level agencies, agencies under the Government, central-level state agencies, and provincial-level People's Committees shall submit reports on implementation results to the Ministry of Finance before December 31 each year in the format attached to this Circular.

During the implementation process, if any difficulties arise, agencies, organizations, and units are requested to report to the Ministry of Finance for coordination and resolution./.