Circular No. 245/2009/TT-BTC provides detailed regulations and guidance on implementing certain 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 State Asset Management and Use.

CIRCULAR

Regulations on implementing certain contents of Decree No. 52/2009/ND-CP dated June 3, 2009 of the Government detailing and guiding the implementation of some Articles of the Law on State Asset Management and Use.

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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 Assets;

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

The Ministry of Finance hereby stipulates 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 some provisions of the Law on State Asset Management and Use (hereinafter referred to as Decree No. 52/2009/ND-CP) as follows:

Section 1

SCOPE OF REGULATION AND APPLICABLE OBJECTS

Article 1. Scope of Regulation

1. This Circular stipulates the implementation of certain contents regarding the management and use of state assets at state agencies, public service organizations, political organizations, political-social organizations, political-social-professional organizations, social organizations, and social-professional organizations (hereinafter collectively referred to as agencies, organizations, and units) as prescribed in Decree No. 52/2009/ND-CP.

2. The management and use of state assets at people's armed forces units and the management and use of state assets by Vietnamese agencies abroad are not within the scope of regulation of this Circular.

Article 2. Applicability

Agencies, organizations, and units as prescribed in Clause 1, Article 1 of this Circular shall be responsible for managing and using state assets in accordance with the Law on State Asset Management and Use, Decree No. 52/2009/ND-CP, and this Circular.

Section 2

INVESTMENT AND CONSTRUCTION OF HEADQUARTERS AND RESEARCH FACILITIES THROUGH ASSIGNMENT TO ORGANIZATIONS WITH FUNCTIONAL MANAGEMENT OF INVESTMENT AND CONSTRUCTION

Article 3. Assignment to organizations with functional management of investment and construction

Based on the needs and scale of investment of agencies, organizations, and units and the capacity for investment and construction management of existing organizations:

1. The Prime Minister decides to establish new organizations or assign existing organizations to act as project owners for the construction of headquarters and research facilities (hereinafter collectively referred to as headquarters) of central-level agencies, organizations, and units upon the proposal of the Ministry of Finance, the Ministry of Construction, the Ministry of Planning and Investment, and relevant agencies.

2. The Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as provincial level) decides to establish new organizations or assign existing organizations to act as project owners for the construction of headquarters of local-level agencies, organizations, and units upon the proposal of the Department of Finance, the Department of Construction, the Department of Planning and Investment, and relevant agencies.

Article 4. Handover of headquarters

1. The handover of headquarters between the construction contractor and the organization with functional management of investment and construction shall be carried out in accordance with the laws on investment and construction.

2. Within thirty days from the date of receipt from the construction contractor, the project owner must hand over the headquarters to the agency, organization, or unit assigned to manage and use it.

3. The handover of headquarters as prescribed in Clause 2 of this Article must be recorded in a Protocol according to the model prescribed in Circular No. 122/2007/TT-BTC dated October 18, 2007 of the Ministry of Finance amending and supplementing certain contents of Circular No. 43TC/QLCS dated July 31, 1996 of the Ministry of Finance guiding the acceptance and handover of assets between administrative and service organizations and economic organizations pursuant to the decision of the competent authority.

Section 3

LEASING OF ASSETS FOR THE OPERATIONS OF AGENCIES, ORGANIZATIONS, AND UNITS

Article 5. Authority to decide on leasing assets

1. The Minister, Head of an agency at the ministerial level, or the person in charge of another central agency (hereinafter collectively referred to as the Minister or Head of a central agency) decides or delegates authority to decide on leasing assets for the operation of agencies, organizations, and units under their management.

2. The People's Council at the provincial level delegates authority to decide on leasing assets for the operation of agencies, organizations, and units under local management based on the proposal of the same-level People's Committee.

Article 6. Leasing office premises

1. Agencies, organizations, and units meeting the conditions to lease office premises as stipulated in Clause 1, Article 7 of Decree No. 52/2009/ND-CP shall base on standards and usage quotas for office premises and the current usage status to develop a plan for leasing office premises, which shall be submitted to the competent authority specified in Article 5 of this Circular for decision.

2. The plan for leasing office premises includes the following main contents:

a) The necessity of leasing office premises;

b) The area of office premises needed to be leased;

c) The grade, standard of office premises needed to be leased;

d) Requirements regarding the location and position of the office premises needed to be leased;

đ) Lease term;

e) Maximum rental price.

3. Based on the approved plan for leasing office premises, the agency, organization, or unit shall prepare the budget estimate for leasing expenses in the annual state budget estimate and submit it to the competent state authority for decision in accordance with the State Budget Law.

4. Selection of service providers for leasing office premises:

a) In cases where the total amount of rent for office premises over the entire lease period is valued at 100 million VND or more (for one contract), based on the approved plan for leasing office premises, the Head of the agency, organization, or unit shall implement the selection of service providers in accordance with the provisions of the Bidding Law;

Specifically, in addition to announcing according to the provisions of the Bidding Law, the agency, organization, or unit must also publish on the Ministry of Finance’s website on state asset property and the website of the ministry or central agency (if applicable) for agencies, organizations, and units under central management; the local website (if applicable) for agencies, organizations, and units under local management;

b) In cases where the total amount of rent for office premises over the entire lease period is valued below 100 million VND (for one contract), the selection of service providers shall be decided by the Head of the agency, organization, or unit through bidding or direct appointment;

c) In cases where there is only one service provider on the local market that meets the requirements, the direct appointment method shall be applied regardless of the value of the contract.

5. Rental rate for office premises:

a) In cases where the bidding method is applied, the rental rate shall be determined in accordance with the provisions of the Bidding Law;

b) In cases where the direct appointment method is applied, the rental rate shall be agreed upon between the agency, organization, or unit and the service provider based on the prevailing rental prices in the local market, and submitted to the competent authority specified in Article 5 of this Circular for approval. If the total amount of rent for office premises is 100 million VND/year or more, to have a basis for negotiating with the service provider, the agency, organization, or unit leasing office premises must hire an organization with the necessary qualifications to appraise the rental rate.

6. The leasing of office premises shall be carried out through a contract, including the following main contents:

a) Name and address of the lessor and lessee;

b) Purpose of leasing;

c) Lease term (not exceeding the term approved in the plan);

d) Rental rate;

đ) Payment method and payment period;

e) Rights, obligations, and commitments of the lessee and lessor;

g) Effectiveness of the contract.

7. In cases where the lease term has expired but the competent authority specified in Article 5 of this Circular decides to allow continued leasing, the agency, organization, or unit shall negotiate with the service provider on a rental rate consistent with prevailing rental rates in the market at the time of negotiation; if the rental rate is higher than the previous rental rate, the agency, organization, or unit must report to the competent authority specified in Article 5 of this Circular for consideration and decision.

8. Management and use of rented office premises shall be carried out in accordance with the contract between the lessor and lessee.

Article 7. Leasing of Assets that are not Office Premises

1. Agencies, organizations, units meeting the conditions for leasing assets as stipulated in Clause 1, Article 8 of Decree No. 52/2009/NĐ-CP shall base on asset usage standards, quotas, and current asset usage status to submit to the competent authority as prescribed in Article 5 of this Circular for decision-making.

2. The selection of service providers, rental unit prices, approval of rental unit prices, lease contracts, extension of lease periods for assets, and management and utilization of leased assets shall be carried out in accordance with the provisions of Clauses 4, 5, 6, 7, and 8 of Article 6 of this Circular.

Article 8. Leasing of Assets for the Activities of Political-Social Organizations and Social-Professional Organizations

1. The leasing of assets for the activities of political-social organizations and social-professional organizations shall be decided by the head of the organization in accordance with civil law regulations and the charter of the organization.

2. Rental fees for assets shall be paid from the organization's budget.

Section 4

REGULATIONS ON THE MANAGEMENT AND USE OF STATE ASSETS AND STATE ASSET FILES

Article 9. Regulations on the Management and Use of State Assets by Agencies, Organizations, and Units

1. The heads of agencies, organizations, and units entrusted with the management and use of state assets have the responsibility to issue and implement the Regulations on the Management and Use of State Assets within their jurisdiction (hereinafter referred to as the Regulations).

2. Basis for developing the Regulations:

a) Standards, quotas, and management and use systems for state assets prescribed by competent state authorities;

b) Functions, tasks, and organizational structures of agencies, organizations, and units;

c) The process of managing and using state assets at agencies, organizations, and units.

3. Main contents of the Regulations:

a) Specific provisions on the rights and obligations of each department and individual related to investment construction, procurement, receipt, leasing, use, recovery, transfer, sale, liquidation, destruction of assets; establishment, management, storage of asset files; protection of assets; maintenance and repair of assets; inventory and inspection of assets;

For public institutions with financial autonomy, in addition to the contents prescribed herein, the Regulations must specifically provide for the rights and obligations of each department and individual related to the use of state assets for production, service provision, leasing, joint ventures, and cooperation;

b) Responsibilities for transferring state assets when there are changes in organizational structures or leadership;

c) Handling of organizations and individuals violating the Regulations;

d) Other relevant contents concerning the management and use of state assets at agencies, organizations, and units.

4. The Regulations must be widely and democratically discussed within agencies, organizations, and units before issuance; after issuance, they must be publicly disclosed according to the Provisions on Public Disclosure of the Management and Use of State Assets in State Agencies, Public Institutions, and Organizations Entrusted with the Management and Use of State Assets issued together with Decision No. 115/2008/QĐ-TTg dated August 27, 2008 of the Government Prime Minister.

Article 10. Files Related to the Formation and Changes in State Assets

1. Files related to the formation and changes in state assets include:

a) For office premises:

- Decision on land allocation or land lease; Certificate of Land Use Right; Record of land value determination in accordance with Decree No. 13/2006/NĐ-CP dated January 24, 2006 of the Government on determining the value of land use rights to be included in the asset value of organizations allocated land by the state without payment of land use fees;

- Documents related to project approval, design, completion drawings, acceptance, handover, and commissioning of works;

- Approval document for purchasing office premises from the competent authority;

- Contract for purchasing office premises; Invoice for purchasing office premises; Handover record for office premises;

- Documents related to the recovery, transfer, liquidation, and sale of office premises;

- Other related documents.

b) For motor vehicles:

- Decision on purchasing vehicles from the competent authority;

- Contract for purchasing vehicles; Invoice for purchasing vehicles; Handover record for vehicles; Vehicle registration certificate;

- Documents related to the recovery, transfer, liquidation, and sale of vehicles;

- Other related documents.

c) For other assets:

- Approval document for purchasing or procuring assets from the competent authority;

- Contract for purchasing or procuring assets; Invoice for purchasing assets; Handover record for assets;

- Documents related to the recovery, transfer, liquidation, sale, and destruction of assets;

- Other related documents.

2. For state assets that must be registered for ownership or use rights in accordance with the law, if the competent authority requires the submission of original files during registration, the agency, organization, or unit shall retain copies of those files.

3. Files related to the formation and changes in state assets as prescribed in Clause 1 and Clause 2 of this Article shall be established and stored by the agency, organization, or unit directly managing and using the assets.

4. Database on State Assets: Uniformly apply the Asset Registration Management Program to establish a Database on State Assets and manage the reporting and declaration of state assets as prescribed in Section 6 of this Circular.

Section 5

Article TRANSFER, SALE, AND LIQUIDATION OF STATE ASSETS

Article 11. List of State Assets for Transfer, Sale, and Liquidation

1. The list of State Assets for Transfer, Sale, and Liquidation prescribed in point d, Clause 1, point c, Clause 2, Article 17; point c, Clause 1, point b, Clause 2, Article 21 and point b, Clause 1, point b, Clause 2, Article 28 of Decree No. 52/2009/ND-CP shall be established according to Model No. 01-DM/TSNN, Model No. 02-DM/TSNN, and Model No. 03-DM/TSNN issued together with this Circular.

2. For the list of State Assets for Transfer established according to Model No. 01-DM/TSNN, Model No. 02-DM/TSNN, and Model No. 03-DM/TSNN prescribed in Clause 1 of this Article, there must also include an index on residual value based on revaluation in the following cases:

a) Transfer of State Assets from agencies, organizations to public service units with financial autonomy or between such public service units with financial autonomy;

b) Transfer of State Assets among agencies, organizations, and units where such assets have not been recorded in accounting books.

Article 12. Price Determination Council, Price Appraisal Council, and Auction Council for State Assets

1. The Price Determination Council shall be established in the following cases:

a) Determining the starting price for auctioning State Assets as prescribed in point a, Clause 1, Article 22 of Decree No. 52/2009/ND-CP;

b) Determining the starting price for auctioning State Assets as prescribed in point b, Clause 1, Article 22 of Decree No. 52/2009/ND-CP;

c) Determining the selling price for designated sale of State Assets as prescribed in point a, Clause 1, Article 23 of Decree No. 52/2009/ND-CP;

d) Determining the selling price for designated sale of State Assets as prescribed in point b, Clause 1, Article 23 of Decree No. 52/2009/ND-CP;

đ) Determining the value of land use rights as the basis for determining the value of State Assets transferred to public service units with financial autonomy as prescribed in point c, Clause 2, Article 22 of this Circular;

e) Determining the residual value of State Assets (excluding the value of land use rights) to be transferred to public service units with financial autonomy as prescribed in point b, Clause 3, Article 22 of this Circular.

2. The Price Appraisal Council shall be established in the following cases:

a) Appraising the value of assets based on the results of price determination by organizations qualified to appraise prices for designated sale of State Assets as prescribed in point a, Clause 1, Article 23 of Decree No. 52/2009/ND-CP;

b) Appraising the value of land use rights determined by organizations qualified to appraise prices to serve as the basis for transferring State Assets to public service units with financial autonomy as prescribed in point b, Clause 2, Article 22 of this Circular.

3. The Auction Council for State Assets shall be established in the following cases:

a) Auctioning assets with high value, including:

- Assets that are office premises, other assets attached to land (including land use rights) with original cost recorded in accounting books from VND 1,000 billion (one thousand billion) or more;

- Other assets that are not office premises, not other assets attached to land with starting price for auction from VND 100 billion (one hundred billion) or more;

b) Assets with complex origins, rare and valuable assets, requiring special management by the State or other special cases as decided by competent state authorities;

c) Assets not covered by points a and b of this clause and unable to hire organizations with auction functions.

4. Composition of the Price Determination Council and the Price Appraisal Council:

a) The Department of Finance establishes the Price Determination Council and the Price Appraisal Council to perform tasks prescribed in points a, c, and đ, Clause 1 and Clause 2 of this Article. The composition of the Council includes:

- The leader of the Department of Finance - Chairperson of the Committee;

- Representatives from the Department of Natural Resources and Environment, the Department of Construction, and the Department of Planning and Architecture (if applicable);

- Representatives from the agency, organization, or unit holding the assets;

- Representatives from other related agencies.

b) The agency, organization, or unit establishes the Price Determination Council to perform tasks prescribed in points b, d, and e, Clause 1 of this Article. The composition of the Council includes:

- The leader of the agency, organization, or unit - Chairman of the Council;

- Representative from the superior management agency;

- Representative from the department directly using the asset;

- Representative from the finance and accounting department of the agency, organization, or unit;

- Representative from the specialized technical agency (if necessary);

- Other relevant members.

5. Composition of the Auction Council for State Assets:

a) In the case of selling assets prescribed in points a and b, Clause 3 of this Article, the Ministry of Finance (for assets under central management) and the Department of Finance (for assets under local management) establish the Auction Council for State Assets with the composition including: Representative from the agency deciding to establish the Council as Chairman of the Council; representative from the agency, organization, or unit selling State Assets; representative from the specialized technical agency (if necessary) and other relevant members;

b) For the sale of assets prescribed in point c, Clause 3 of this Article, the agency, organization, or unit establishes the Auction Council for State Assets according to the composition prescribed in point b, Clause 4 of this Article;

c) The Auction Council for State Assets does not necessarily need to have an auctioneer.

6. Operating expenses of the Price Determination Council and the Price Appraisal Council serving the sale of State Assets, and operating expenses of the Auction Council for State Assets are included in the costs of selling State Assets.

Operating expenses of the Price Determination Council and the Price Appraisal Council serving the determination of the value of State Assets transferred to public service units with financial autonomy are allocated from the budget of the public service unit whose State Assets are being valued.

7. Based on the actual conditions of the locality, the People's Committee of the province decides to establish one or more Councils to handle common issues related to State Assets or handle each case individually.

Article 13. Procedures for Auctioning State Assets

The procedures for auctioning state assets shall be carried out in accordance with the provisions of the law on auctioning assets.

Specifically, for the announcement of auctioning state assets such as office premises, land use rights, all types of motor vehicles, and assets with a book value of 500 million VND or more per unit recorded in accounting books, in addition to implementing announcements in accordance with the law on auctioning assets, it is also necessary to publish on the Ministry of Finance's website on state assets and the websites of ministries and central agencies (if applicable) for assets managed by central agencies; local government websites (if applicable) for assets managed by local agencies.

Chapter 6

REGIME FOR REPORTING AND DECLARATION OF STATE ASSETS

Article 14. State Assets Subject to Reporting and Declaration

1. Reporting and declaration, and updating information declared into the database on state assets shall be implemented for the following types of assets:

a) Office premises, land use rights for constructing office premises, and other assets attached to land;

b) All types of motor vehicles;

c) Assets not covered under points a and b of this clause with a book value of 500 million VND or more per unit recorded in accounting books.

2. For assets specified in Clause 1 of this Article that have already been registered through a Declaration Form (as stipulated in Circular No. 35/2007/TT-BTC dated April 10, 2007 of the Ministry of Finance guiding the implementation of Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government), continue using the existing Declaration Form without having to re-register according to the provisions of this regulation.

3. For fixed assets not covered under Clause 1 of this Article, the agency, organization, or entity managing and using the asset shall establish a Fixed Asset Card according to Model No. 01-TSCĐ/TSNN issued together with this Circular to monitor and account according to the current accounting regulations. In cases where a Fixed Asset Card has already been established according to Circular No. 35/2007/TT-BTC, continue using the existing Fixed Asset Card without having to re-establish it according to the provisions of this regulation.

Article 15. Agencies Receiving and Managing Reports and Declarations of State Assets

1. Agencies receiving and managing reports and declarations of state assets are defined as follows:

a) State assets specified in points a and b of Clause 1 of Article 14 of this Circular managed by central agencies shall report and declare to the State Property Management Department of the Ministry of Finance;

b) State assets specified in point c of Clause 1 of Article 14 of this Circular managed by central agencies shall report and declare to the financial department of the ministry or central agency (Financial Department, Planning and Finance Department...);

c) State assets specified in Clause 1 of Article 14 of this Circular managed by local agencies shall report and declare to the local finance department.

2. Responsibilities of agencies receiving and managing reports and declarations of state assets:

a) Urging agencies, organizations, and units within their management scope to report and declare assets in accordance with the prescribed time limits;

b) Updating information on assets subject to reporting and declaration within their management scope into the database on state assets;

c) Managing and storing the results of reports and declarations within their management scope;

d) Guiding, inspecting the reporting and declaration of assets by agencies, organizations, and units within their management scope; confirming information about assets and compliance with the regime of reporting and declaring assets by agencies, organizations, and units within their management scope upon request of competent state authorities;

đ) The Ministry of Finance is responsible for organizing the update and management of the database on state assets; publicly disclosing the results of reports and declarations of state assets in accordance with the law on the Ministry of Finance's website on state assets.

Article 16. Contents of the Property Declaration Report of State Assets

1. Agencies, organizations, and units using state assets must prepare the declaration report in accordance with the prescribed form issued together with this Circular, specifically:

a) For office premises, they shall declare according to Form No. 01-ĐK/TSNN issued together with this Circular; each premise shall prepare its own separate declaration report;

In cases where one office is assigned for use by multiple agencies, organizations, or units that can be separated into distinct portions for each agency, organization, or unit, these agencies, organizations, or units must prepare a record clearly defining the actual portion used by each agency, organization, or unit for their declaration report. If it is not possible to separate the portions used by each agency, organization, or unit, the currently using agencies, organizations, or units must report to the superior management agency to appoint one agency, organization, or unit to represent and submit the declaration report on behalf of all;

b) For motor vehicles, they shall declare according to Form No. 02-ĐK/TSNN issued together with this Circular; each unit shall prepare one declaration report;

c) For other assets (excluding office premises and motor vehicles) with an original value recorded in accounting books of 500 million VND or more per asset, they shall declare according to Form No. 03-ĐK/TSNN issued together with this Circular; each unit shall prepare one declaration report.

2. The declaration report of state assets by agencies, organizations, and units using them must accurately and fully record information as prescribed in the model. The agency receiving and managing the declaration report of state assets has the right to reject and request resubmission if the report does not accurately and fully record the required content. The head of the agency, organization, or unit bears legal responsibility for the accuracy of the reported data.

Article 17. Procedures and Documents for the Declaration Report of State Assets

1. Forms of the Declaration Report of State Assets:

a) The initial declaration report applies to state assets currently being managed and used at the time Decree No. 52/2009/NĐ-CP takes effect.

For state assets already registered in accordance with Decree No. 137/2006/NĐ-CP, there is no need to submit an initial declaration report under this provision. The agency receiving and managing the declaration report of state assets is responsible for updating the registration results into the declaration report of state assets of the agency, organization, or unit;

b) Supplementary declaration reports apply to situations involving changes in state assets due to investment construction; new purchases; receipt from another unit for use; liquidation, transfer, confiscation, destruction, sale, or change in usage purpose of the asset according to the decision of the competent state agency; the agency, organization, or unit managing and using the asset changes its name, splits, merges, or dissolves according to the decision of the competent state agency;

c) Periodic declaration reports are prepared by Ministries, central agencies, and provincial People's Committees in accordance with point d, Clause 3, Article 18 of this Circular.

2. Procedures and Documents for Initial Declaration Reports:

a) Agencies, organizations, and units entrusted with the management and use of state assets must:

- Prepare three sets of declaration report files in accordance with Clause 1, Article 16 of this Circular, and attach copies of relevant documents related to the declared assets, including: documents related to the house and land currently in use (for office premises); vehicle registration certificates; acceptance records for assets put into use (for assets with an original value recorded in accounting books of 500 million VND or more per asset);

- Send two sets of declaration report files to: Ministries, central agencies (for office premises and various types of motor vehicles of agencies, organizations, and units under central management); superior management agencies (for assets with an original value recorded in accounting books of 500 million VND or more per asset of agencies, organizations, and units under central management); departments, sectors, or provincial People's Committees (for assets of agencies, organizations, and units under local management);

- Store one set of declaration report files at the agency, organization, or unit.

b) Ministries, central agencies, superior management agencies, departments, sectors, or provincial People's Committees must:

- Confirm the declaration report files of agencies, organizations, and units within their management scope;

- Send one set of confirmed declaration report files to: Ministry of Finance (for office premises and various types of motor vehicles of agencies, organizations, and units under central management); financial agencies of Ministries, central agencies (for assets with an original value recorded in accounting books of 500 million VND or more per asset of agencies, organizations, and units under central management); Department of Finance (for assets of agencies, organizations, and units under local management);

- Store one set of declaration report files at the Ministry, central agency, superior management agency, department, sector, or provincial People's Committee.

3. Procedures and Documents for Supplementary Declaration Reports:

Agencies, organizations, and units entrusted with the management and use of assets must prepare supplementary declaration reports according to Form No. 04-ĐK/TSNN and submit them to the agency receiving and managing the declaration report in accordance with the procedures stipulated in Clause 2 of this Article.

4. Procedures and Documents for Periodic Declaration Reports:

Ministries, central agencies, and provincial People's Committees are responsible for preparing periodic declaration reports of state assets within their management scope based on data extracted from the database of state assets, including:

- A consolidated report on the current status of house and land use according to Form No. 02B-ĐK/TSNN issued together with this Circular, consisting of three parts (General Summary, Detailed by Type of Unit, and Detailed by Each Unit). Specifically, the Detailed by Each Unit part is prepared up to budgetary units at level 2 and provincial People's Committees;

- A consolidated report on the increase and decrease in state assets according to Form No. 02C-ĐK/TSNN issued together with this Circular, consisting of three parts (General Summary, Detailed by Type of Unit, and Detailed by Each Unit). Specifically, the Detailed by Each Unit part is prepared up to budgetary units at level 2 and provincial People's Committees.

5. Deadline for the Declaration Report of State Assets:

a) The agency, organization, unit entrusted with managing and using state assets must complete the initial declaration report in accordance with point a, Clause 2, Article 33 of Decree No. 52/2009/NĐ-CP. If the agency, organization, or unit fails to submit the declaration report beyond this deadline, the state financial authority has the right to request the state treasury to temporarily suspend payment of expenses related to the assets that need to be reported and not allocate funds for purchasing fixed assets in the next year's budget of that agency; the head of the agency entrusted with managing and using state assets shall be subject to handling according to regulations.

b) The agency, organization, or unit entrusted with managing and using state assets must submit supplementary declaration reports within thirty days from the date of change. For assets put into use upon completion of construction, renovation, upgrading, or major repairs, the period of change starts from the date of signing the acceptance certificate for putting into use.

c) Ministries, central agencies, People's Committees of provinces shall implement periodic declaration reports concurrently with the reports on the management and use of state assets in accordance with Clause 2, Article 19 of this Circular.

Section 7

REGIME OF REPORTING ON THE MANAGEMENT AND USE OF STATE ASSETS

Article 18. Content of the report on the management and use of state assets

1. Content of the report of the agency, organization, or unit entrusted with managing and using state assets:

a) Situation of management and use of state assets:

- Current status of the work of managing and using state assets by the agency, organization, or unit;

- Evaluation of positive aspects, effectiveness, shortcomings, and violations in the management and use of state assets by the agency, organization, or unit during the reporting period;

- Evaluation of the implementation of conclusions and recommendations of the state inspection, audit bodies regarding the management and use of state assets during the reporting period;

b) Recommendations for measures to improve the legal system and enhance the effectiveness of the work of managing and using state assets.

2. Content of the report of the supervising superior agency, department, or district People's Committee:

a) Situation of management and use of state assets: The content of the report shall be carried out in accordance with point a, Clause 1 of this Article for agencies, organizations, and units under its jurisdiction;

b) Work of directing, guiding, and inspecting the management and use of state assets by agencies, organizations, and units under its jurisdiction;

c) Recommendations for measures to improve the legal system and enhance the effectiveness of the work of managing and using state assets.

3. Content of the report of ministries, central agencies, provincial People's Committees:

a) Situation of promulgation and implementation of legal documents on the management and use of state assets:

- Systematization of current legal documents on the management and use of state assets issued by ministries, central agencies, and provinces (including those issued before the reporting period but still valid during the reporting period);

- Evaluation of the implementation of legal documents within their respective jurisdictions regarding the management and use of state assets; timeliness, appropriateness, contradictions, and inadequacies of the issued documents; impact of the documents on the management and use of state assets at the ministry, central agency, and provincial level;

b) Situation of management and use of state assets: The content of the report shall be carried out in accordance with point a, Clause 1 of this Article for agencies, organizations, and units under its jurisdiction;

c) Work of directing, guiding, and inspecting the management and use of state assets by agencies, organizations, and units under its jurisdiction;

d) Recommendations for measures to improve the legal system and enhance the effectiveness of the work of managing and using state assets;

đ) Attach the periodic declaration report file for state assets under its jurisdiction.

4. Content of the report of the Ministry of Finance:

a) Situation of promulgation of legal documents on the management and use of state assets:

- Systematization of current legal documents on the management and use of state assets issued by competent state agencies;

- Evaluation of the situation of drafting, promulgating, and implementing legal documents on the management and use of state assets; timeliness, appropriateness, contradictions, and inadequacies of the issued documents; impact of the documents on the management and use of state assets;

b) Situation of management and use of state assets: The content of the report shall be carried out in accordance with point a, Clause 1 of this Article for agencies, organizations, and units nationwide.

c) Recommendations for measures to improve the legal system and enhance the effectiveness of the work of managing and using state assets.

Article 19. Procedure and deadline for reporting on the management and use of state assets

1. Before December 31 each year, the Ministry of Finance shall issue guidelines to ministries, central agencies, provincial People's Committees, agencies, organizations, and units regarding specific contents of the report (if necessary).

2. The deadline for reporting on the management and use of state assets shall be carried out in accordance with the provisions of Clause 2, Article 34 of Decree No. 52/2009/NĐ-CP.

3. Based on the deadline stipulated in Point b, Clause 2, Article 34 of Decree No. 52/2009/NĐ-CP, the Minister, Head of Central Agencies, and Chairman of Provincial People's Committees shall specify the reporting deadlines for each level under their jurisdiction to ensure that reports are submitted to the Ministry of Finance in accordance with the regulations.

Section 8

DETERMINATION OF THE VALUE OF STATE ASSETS TO BE TRANSFERRED TO PUBLIC INSTITUTIONS WITH AUTONOMOUS FINANCIAL MANAGEMENT

Article 20. Inventory and classification of state assets before determining the value of state assets to be transferred to public institutions with autonomous financial management

After the ministry, central agency, or provincial People's Committee determines that a public institution meets the conditions to have the value of state assets determined for transfer to its management, the unit shall be responsible for inventorying and classifying assets within the unit into the following main groups:

1. State assets to be valued for transfer to public institutions with autonomous financial management include:

a) Assets assigned by the State;

b) State assets constructed or purchased with funds from the State budget;

c) State assets constructed or purchased with funds from the State budget and from the Development Fund for Public Services of the unit;

d) The portion of the value of assets formed from State budget funds or having origins from the State budget for assets constructed or purchased from various sources.

2. State assets not needed, accumulated, or awaiting liquidation shall not be valued for transfer to public institutions with autonomous financial management; the unit shall continue to manage them for disposal.

3. State assets not yet valued for transfer to public institutions with autonomous financial management include:

a) State assets currently under construction, procurement, or receipt in progress; the unit shall be responsible for managing and continuing to implement construction, procurement, and receipt.

b) State assets such as office premises and other assets attached to land (including land use rights); the unit shall be responsible for formulating plans to reorganize and dispose of state-owned houses and land and submit them for approval by competent authorities in accordance with Decision No. 09/2007/QĐ-TTg dated January 19, 2007 of the Prime Minister on the reorganization and disposal of state-owned houses and land, Decision No. 140/2008/QĐ-TTg dated October 21, 2008 of the Prime Minister amending and supplementing Decision No. 09/2007/QĐ-TTg, and guiding documents of the Ministry of Finance.

After completing the construction, procurement, receipt, reorganization, and disposal of state-owned houses and land, if authorized by competent authorities to transfer to public institutions with autonomous financial management, the value of state assets to be transferred to the unit shall be determined and the value of state assets at the unit adjusted accordingly.

Article 21. Handling State assets without determined value to be transferred to public service units with financial autonomy

1. For State assets as specified in point a, Clause 2, Article 20 of this Circular, the unit shall handle in accordance with the laws on management and use of State assets. In case the unit has not handled such assets by the time their values are determined, the unit shall be responsible for:

a) Continuing to manage and preserve the assets;

b) Reporting to the competent authority as stipulated in Articles 47 and 48 of Decree No. 52/2009/NĐ-CP to decide on recovery, reallocation, sale, liquidation according to regulations and assign tasks to organize the handling of assets to relevant agencies, organizations, and units;

c) Handing over the assets to the agency, organization, or unit assigned to organize the handling of assets based on the decision of the competent authority, except when the task of organizing the handling of assets is assigned to the unit currently managing and preserving the assets;

d) The agency, organization, or unit assigned the task of handling assets shall be responsible for handling the assets in accordance with the law.

2. For State assets as specified in point b, Clause 2, Article 20 of this Circular, the unit shall implement in accordance with the Prime Minister's regulations on reorganizing and handling State-owned houses and land.

Article 22. Determining the Value of State Assets to be Transferred to Public Service Units with Financial Autonomy

1. The value of State assets transferred to public service units with financial autonomy shall be determined in Vietnamese Dong. In cases where assets are recorded in foreign currency, they shall be converted into Vietnamese Dong at the exchange rate published by the State Bank of Vietnam for the inter-bank foreign exchange market at the time of determining the asset value.

2. For assets that are land use rights:

a) The value of land use rights shall be determined based on the land price set by the People's Committee of the province at the time of determining the asset value;

b) If the land price set by the People's Committee of the province at the time of determining the asset value does not accurately reflect the actual transfer price of land use rights on the market under normal conditions, the unit must hire an organization with the necessary conditions to appraise the land price, submit it for review by the Appraisal Council, and report to the Chairman of the People's Committee of the province for a decision to determine the value of land use rights to be transferred to the unit. The composition of the Appraisal Council is stipulated in point a, Clause 4, Article 12 of this Circular;

c) If an organization with the necessary conditions to appraise the land cannot be hired, the Valuation Council established as stipulated in point a, Clause 4, Article 12 of this Circular shall determine the land price and report to the Chairman of the People's Committee of the province for a decision to determine the value of land use rights to be transferred to the unit.

3. For assets not covered by Clause 2 of this Article, the Head of the Unit shall decide on one of the following two methods to determine the remaining value of the asset:

a) Hiring an organization with the necessary conditions to appraise the value to serve as the basis for determining the remaining value of the asset;

b) Establishing a Valuation Council in accordance with point b, Clause 4, Article 12 of this Circular to determine the remaining value of the asset.

4. For State assets that have not been recorded, have not had depreciation calculated for the period of use, or have had full depreciation calculated but are still usable, the Head of the Unit shall establish a Council with the composition stipulated in point b, Clause 4, Article 12 of this Circular to determine the remaining value of the asset.

Article 23. Decision on the transfer of state assets to public service units with financial autonomy

1. Based on the results of determining the value of state assets as stipulated in Article 22 of this Circular, the competent authority specified in Clause 4, Article 38 of Decree No. 52/2009/NĐ-CP shall decide on the transfer of state assets to public service units with financial autonomy.

2. The main contents of the decision on the transfer of state assets to public service units with financial autonomy include:

a) Name of the unit receiving the state assets;

b) List of state assets transferred to the unit;

c) Total value of state assets transferred to the unit.

3. The list of state assets transferred to public service units with financial autonomy shall be implemented according to Model No. 01-DM/ĐVSN, Model No. 02-DM/ĐVSN, and Model No. 03-DM/ĐVSN issued together with this Circular.

4. The transfer of state assets to public service units with financial autonomy must be recorded in a record according to Model No. 04-BB/ĐVSN issued together with this Circular.

Section 9

USE OF STATE ASSETS FOR LEASING, JOINT VENTURE, AND JOINT OPERATION AT PUBLIC SERVICE UNITS WITH FINANCIAL AUTONOMY

Article 24. Assets invested in construction for leasing under approved projects

1. Assets invested in construction for leasing as prescribed in point b, Clause 1, Article 43 of Decree No. 52/2009/NĐ-CP include investment projects in construction based on exploiting existing houses and land of public service units with financial autonomy to ensure more effective use according to the plan approved by the competent authority, without being constructed solely for leasing purposes.

2. Investment projects in construction for leasing as prescribed in Clause 1 of this Article shall be approved by the competent state agency in accordance with the laws on construction investment after obtaining written agreement from the Ministry of Finance (for public service units with financial autonomy under central management) or the Department of Finance (for public service units with financial autonomy under local management).

Article 25. Method and rental price for leasing office premises and other assets attached to land

1. For office premises and other assets attached to land, they can only be leased partially based on exploiting the housing and land fund of the unit to enhance the efficiency of use.

2. The rental price for assets shall be carried out through auction if the lease package (including the entire lease period) has a value of 100 million VND or more. If the lease package has a value below 100 million VND, it may be chosen through public announcement and selection of the highest bidder.

3. The leasing of assets must be formalized in a contract in accordance with the law.

4. For leasing of components within office premises for short periods and not continuously (conference halls, meeting rooms, seminar rooms, laboratories...), the head of the unit leasing the assets shall determine and publicly announce the rental prices, and report to the superior management agency for monitoring. The leasing of assets shall be conducted at the announced rental prices.

Article 26. Method and rental price for leasing assets that are not office premises and other assets attached to land

1. For assets that are not office premises and other assets attached to land, the lessor and lessee shall agree on the rental price based closely on the market rental price of similar assets or those with the same technical standards, quality, and origin.

2. The leasing of assets must be formalized in a contract in accordance with the law.

3. In cases where the lease term has expired according to the contract and the competent authority specified in Clause 3, Article 43 of Decree No. 52/2009/NĐ-CP permits continued leasing and the current tenant wishes to continue leasing, the lessor and lessee shall sign a new lease contract. The rental price shall be agreed upon closely with the actual market rental price of the asset. If the rental price is lower than the previous rental period's price, the unit leasing the asset must report to the competent authority specified in Clause 3, Article 43 of Decree No. 52/2009/NĐ-CP for consideration and decision.

4. For assets leased for short periods and not continuously (projectors, audio equipment, computers...), the head of the unit leasing the assets shall determine and publicly announce the rental prices. The leasing of assets shall be conducted at the announced rental prices.

Article 27. Management and Use of Revenue from Leasing State Assets

1. The revenue from leasing assets must be recorded separately and used to pay related expenses, land rent, taxes, and other financial obligations to the State as prescribed by law. The remaining amount shall be supplemented into the Unit's Development Fund for Public Services.

In cases where the unit uses assets invested in construction or purchased with raised capital for leasing purposes, such revenue must be recorded separately and used to pay related expenses, land rent, taxes, and other financial obligations to the State, and repay the raised capital (including interest on raised capital). The remaining amount shall be supplemented into the Unit's Development Fund for Public Services.

2. Related expenses for leasing state assets include:

a) Depreciation costs of fixed assets for leasing;

b) Costs for valuation and auctioning leased assets;

c) Management costs for leasing assets;

d) Other related costs.

Article 28. Transparency in Leasing State Assets

1. Publicly funded autonomous public institutions that are permitted to lease state assets must disclose the quantity, types of assets, leasing methods, organizations and individuals leasing the assets, and the management and use of revenues from leasing state assets.

2. The form of disclosure, time limit for disclosure, and reporting system for transparency shall be implemented according to regulations on the transparency of state asset management and use at government agencies, publicly funded autonomous public institutions, and organizations entrusted with the management and use of state assets as stipulated in Decision No. 115/2008/QD-TTg.

Article 29. Utilization of Invested Assets on Land and Land Value for Leasing, Production, Service Business, Joint Ventures, and Collaboration

1. In cases where publicly funded autonomous public institutions have not paid land use fees as prescribed in Clause 2, Article 40 of Decree No. 52/2009/NĐ-CP, they may only use the assets invested on land for production, service business, collaboration, and leasing purposes, and the institution must pay land rent (for the area used for these purposes) in accordance with laws on land.

2. In cases where publicly funded autonomous public institutions have paid land use fees but the source of the paid land use fees is not from the budget, the institution is allowed to utilize the assets invested on land and land value for production, service business, collaboration, leasing, and joint venture contributions in accordance with regulations.

Section 10

REORGANIZATION AND DISPOSAL OF STATE ASSETS

Article 30. Reorganization and Disposal of State Assets

1. The reorganization and disposal of state assets which are office premises shall be carried out in accordance with Decision No. 09/2007/QD-TTg dated January 19, 2007 of the Prime Minister on the reorganization and disposal of state-owned houses and land, Decision No. 140/2008/QD-TTg dated October 21, 2008 of the Prime Minister amending and supplementing Decision No. 09/2007/QD-TTg, and guiding documents of the Ministry of Finance, and must be completed before December 31, 2010.

2. The reorganization and disposal of state assets that are not office premises shall be carried out in accordance with Article 31 of this Circular.

3. The reorganization of guesthouses of government agencies, political organizations, and political-social organizations shall be implemented in accordance with Articles 32, 33, 34, 35, and 36 of this Circular.

Article 31. Procedures for reorganizing and disposing of state assets that are not office premises

1. Agencies, organizations, and units entrusted with managing and using state assets shall be responsible for:

a) Based on the current status of management and use of state assets, their functions and tasks assigned, approved staffing levels, and usage standards and norms prescribed, to report and declare and propose reorganization and disposal plans for each state asset according to Model No. 01-SX/TSNN issued together with this Circular. For non-fixed assets proposed to retain for continued use, reporting and declaration need not be done individually for each asset;

b) The report and declaration and reorganization and disposal plan for each state asset shall be submitted tothe immediate superior supervisory agency.

2. The immediate superior supervisory agency shall be responsible for reviewing the reports and declarations and reorganization and disposal plans for each asset under its management to:

a) Decide to retain for continued use assets that are being used for their intended purpose, in accordance with standards and regulations;

b) Report to the immediate superior agency to compile and submit to the competent authority specified in Clause 2, Article 58 of Decree No. 52/2009/NĐ-CP for decision regarding assets proposed for reallocation or recovery.

3. The competent state authority specified in Clause 2, Article 58 of Decree No. 52/2009/NĐ-CP shall decide on the reallocation and recovery of assets for disposal as prescribed.

4. The reorganization and disposal of state assets that are not office premises at agencies, organizations, and units must be completed before December 31, 2010.

Article 32. Organizational Model of Guesthouses

1. After reorganization, guesthouses of state agencies, political organizations, and socio-political organizations shall operate according to one of the following organizational models:

a) Publicly Financed Independent State-Owned Enterprise;

b) Business Enterprises (State-owned Joint Stock Company with One Member, Joint Stock Company with Two or More Members, Joint Stock Corporation).

2. Principles for Reorganizing Guesthouses:

a) After reorganization, guesthouses must meet the conditions to operate as publicly financed independent state-owned enterprises or business enterprises as prescribed by law and have separate premises and land from the office premises of the agencies, organizations, and units;

b) After reorganization, each Ministry, central agency, province, and centrally governed city may only have up to one guesthouse operating as a publicly financed independent state-owned enterprise, except for cases stipulated in Article 36 of this Circular;

c) Guesthouses that do not meet the conditions specified in points a and b of this clause shall cease operations.

Article 33. Procedures and Formalities for Reorganizing Guesthouses

1. Based on actual circumstances and the principles for reorganization prescribed in Clause 2, Article 32 of this Circular, Ministries, central agencies, and provincial People's Committees shall direct guesthouses under their management to report on assets, finances, labor, and propose operational models.

2. On the basis of the reports and proposals from the guesthouses, the Minister, Head of Central Agency, or Provincial People's Committee Chairman shall decide:

a) The operational model of each guesthouse after reorganization;

b) To cease operations for guesthouses that do not meet the conditions for operation.

3. Guesthouses transitioning to a new operational model shall be responsible for:

a) Preparing a proposal for transitioning the guesthouse's organizational model within no more than 180 days from the date the competent authority decides on the operational model. The proposal for transitioning the guesthouse's organizational model shall include the following basic contents:

- Determining existing types of capital, assets, debts, and preparing financial statements up to the transition date;

- Plans for disposing of assets, finances, debts, and arranging labor as prescribed in Articles 34 and 35 of this Circular;

- Bylaws of operation and anticipated registered capital (for businesses);

b) Implementing the transition of the guesthouse's organizational model according to the approved proposal.

4. For each guesthouse transitioning to a new operational model, the Minister, Head of Central Agency, or Provincial People's Committee Chairman shall establish a Transition Council (hereinafter referred to as the Council) with the following composition:

a) For guesthouses under Ministries and central agencies: The leadership of the Ministry or central agency shall serve as the Chair of the Council; other members include representatives from the finance department, the trade union of the Ministry or central agency; representatives from the leadership and trade union of the transitioning guesthouse, and representatives from related agencies;

b) For guesthouses under localities: The leadership of the provincial People's Committee shall serve as the Chair of the Council; other members include representatives from the provincial Department of Finance, the provincial Department of Labor, Invalids, and Social Affairs; representatives from the leadership and trade union of the transitioning guesthouse, and representatives from related agencies.

5. The Council shall be responsible for:

a) Reviewing the proposal for transitioning the guesthouse's organizational model prepared by the guesthouse and submitting it to the Minister, Head of Central Agency, or Provincial People's Committee Chairman for decision;

b) Directing the implementation of the transition of the guesthouse's organizational model according to the approved proposal.

Article 34. Plan for Handling Assets, Finance, and Labor for Guest Houses Converted to Public Service Units with Financial Autonomy

1. Regarding asset handling:

a) For state assets continued to be assigned to guest houses (after conversion), their value shall be determined and transferred to the unit in accordance with Article 22 of this Circular;

b) For state assets not assigned to guest houses, they shall be handled in accordance with Article 21 of this Circular;

c) For state assets currently under construction, procurement, or incomplete receipt, they shall be handled in accordance with Clause 3 of Article 20 of this Circular.

2. Regarding financial handling: After conversion, guest houses shall be responsible for inheriting and handling debts receivable, payable, cash reserves, deposits at the State Treasury, and credit institutions in accordance with the provisions of the law.

3. Regarding labor handling: After conversion, guest houses shall be responsible for arranging and utilizing labor; inheriting all rights and obligations towards employees in accordance with the provisions of the labor law.

Article 35. Plan for Handling Assets, Finance, and Labor for Guest Houses Converted to Business Enterprises

1. Regarding asset handling:

a) For state assets continued to be assigned to guest houses (after conversion), the value of the assets shall be determined and the state capital component in the enterprise shall be calculated. The determination of asset value shall be carried out in accordance with the provisions of the business law;

Specifically, regarding land use rights, enterprises may choose the form of land allocation or land lease in accordance with the provisions of the land law;

b) For state assets not assigned to guest houses, they shall be handled in accordance with Article 21 of this Circular.

2. Financial and labor handling: Implemented in accordance with Clauses 2 and 3 of Article 34 of this Circular. Specifically, the handling of assets invested from the Reward Fund and Welfare Fund and the remaining balance of these two funds is as follows:

a) Assets invested from the Reward Fund and Welfare Fund that continue to be used in the production and business operations of guest houses (after conversion) shall be handled as follows:

- In the case where guest houses are converted into joint-stock companies, they shall be included in the enterprise's value and converted into shares to be distributed to employees present at the time of conversion based on the actual working time at the guest house of each individual;

- In the case where guest houses are converted into limited liability companies, the company shall be responsible for repaying employees based on the actual working time at the guest house of each individual;

b) Assets invested from the Reward Fund and Welfare Fund that are not used in the production and business operations of guest houses (after conversion) shall be sold and distributed to employees at the time of conversion based on the actual working time at the guest house of each individual;

c) The remaining balance in cash of the Reward Fund and Welfare Fund shall be distributed to employees at the time of conversion based on the actual working time at the guest house of each individual.

Article 36. Organizational Model for Guest Houses of the Central Party Office, National Assembly Office, Government Office, and Political-Social Organizations

1. Based on actual circumstances and the provisions of Point a, Clause 2, Article 32 of this Circular, the Central Party Office, National Assembly Office, Government Office, and political-social organizations shall decide on the organizational model for guest houses within their management scope.

2. In cases where it is necessary to convert the organizational model of guest houses, the conversion shall be carried out in accordance with the provisions of Articles 33, 34, and 35 of this Circular.

Section 11

ACCOUNTING FOR REVENUES AND EXPENSES RELATED TO THE JOINT USE OF STATE ASSETS

Article 37. Revenue Items

1. Agencies and organizations with state-owned assets for common use as stipulated in Article 62 of Decree No. 52/2009/NĐ-CP shall collect revenue items including electricity and water charges, fuel costs, labor service fees, and other related expenses for the common use of such assets.

2. Agencies and organizations with assets for common use and those using such assets may agree on the collection level based on consumption standards and reasonable usage time without including depreciation (wear and tear) of fixed assets.

Article 38. Accounting for Revenue and Expenditure

1. Agencies and organizations with assets for common use shall account for the revenues specified in Article 37 of this Circular under the national budget's income from leasing state-owned assets and use them according to the laws on the state budget for their activities.

2. Publicly funded institutions that have not achieved financial autonomy with state-owned assets for common use shall account for the revenues specified in Article 37 of this Circular as service income and use it according to the law.

Section 12

IMPLEMENTATION

Article 39. Responsibilities of Agencies, Organizations, and Units

1. The finance departments of Ministries, central agencies, and provincial Departments of Finance are responsible for establishing regulations on the hierarchical management of state-owned assets within their jurisdiction in accordance with the Law on Management and Use of State-Owned Assets and Decree No. 52/2009/NĐ-CP, to be submitted to the Minister, head of the central agency, or Provincial People's Council for issuance in accordance with Clause 4, Article 65 of Decree No. 52/2009/NĐ-CP; simultaneously sending one copy to the Ministry of Finance (State Asset Management Department) for coordination.

2. Ministries, central agencies, and provincial People's Committees shall report the results of reorganizing and changing the organizational model of guesthouses within their jurisdiction to the Ministry of Finance before January 30, 2011, using Model 02-SX/NK issued together with this Circular.

3. Ministries, central agencies, and provincial People's Committees are responsible for reviewing normative legal documents issued by ministries, central agencies, and localities that contradict the Law on Management and Use of State-Owned Assets, Decree No. 52/2009/NĐ-CP, and this Circular, to abolish, amend, and supplement them appropriately; at the same time, they must notify the results of handling to the Ministry of Finance (State Asset Management Department) before June 30, 2010, for consolidation and reporting to the Prime Minister.

Article 40. Provisions on Implementation

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

2. The following documents are hereby abolished:

a) Circular No. 35/2007/TT-BTC dated April 10, 2007, of the Ministry of Finance guiding the implementation of Decree No. 137/2006/NĐ-CP dated November 14, 2006, of the Government on the hierarchical management of state-owned assets in administrative agencies and publicly funded institutions, and the establishment of state ownership rights over such assets;

b) Circular No. 112/2006/TT-BTC dated December 27, 2006, of the Ministry of Finance guiding the implementation of the Regulation on the management of state-owned assets in publicly funded institutions, issued together with Decision No. 202/2006/QĐ-TTg dated August 31, 2006, of the Prime Minister;

c) Section IV of Circular No. 71/2006/TT-BTC dated August 9, 2006, of the Ministry of Finance guiding the implementation of Decree No. 43/2006/NĐ-CP dated April 25, 2006, of the Government on the rights of publicly funded institutions to self-management, self-responsibility for task execution, organizational structure, staffing, and finance;

d) Other provisions contrary to this Circular.

3. During the implementation of this Circular, if any difficulties arise, please promptly reflect them to the Ministry of Finance for coordination and resolution./.