Circular No. 25/2024/TT-BKHĐT stipulates in detail the procedures for drafting, soliciting opinions, and deciding on proposals to use State assets under the management jurisdiction within the territory of Hanoi City for the purposes of business operation, leasing, joint venture, and collaboration of the National Innovation Center; the leasing method and price of State assets of the National Innovation Center in Hoa Lac High-Tech Park.

CIRCULAR

Regulations on the procedures and formalities for establishing, soliciting opinions, and deciding on proposals to use state assets within the management scope in Hanoi City for business purposes, leasing, joint ventures, and joint operations of the National Innovation and Creativity Center; methods and rental prices for state assets of the National Innovation and Creativity Center in Hoa Lac High-Tech Park

public assets under the management within the territory of Hanoi City into the section

business purposes, leasing, joint ventures, and associations of the National Innovation Transformation Center; creative

the method and rental price for public assets of the National Innovation Transformation Center in Hoa Lac High-Tech Park;

Decision No. 1269/QĐ-TTg

Pursuant toLaw on the Capital Citydated June 28, 2024;

Pursuant toLaw on Management and Use of State Propertydated June 21, 2017;

Pursuant to the Law number56/2024/QH15dated November 29, 2024, amending and supplementing certain articles of the Law on Independent AuditingSecurities Law, Accounting Law, Law on Tax Administration, Law on State Budget, Law on Management and Use of State Property, Law on Personal Income Tax Law on National Reserve, Law on Administrative Violations, Decree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No.;

Pursuant to Decree No.Decree No. 114/2024/NĐ-CPdated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State AssetsDecree No. 151/2017/NĐ-CP89/2022/NĐ-CPdated October 28, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;;

Pursuant to Decree No.Decision No. 1269/QĐ-TTgdated October 2, 2019 of the Prime Minister on the establishment of the National Innovation and Creativity Center;

The Prime Minister issues this Decision amending and supplementing certain Articles of Decision No.dated October 2, 2019, of the Prime Minister on the establishment of the National Innovation Transformation Center;ngày 02 tháng 10 năm 2019 của Thủ tướng Chính phủ về việc thành lập Trung tâm Đổi mới sáng tạo Quốc gia;

At the request of the Director of the National Innovation and Creativity Center;

The Minister of Planning and Investment issues this Circular detailing the procedures and formalities for establishing, soliciting opinions, and deciding on proposals to use state assets within the management scope in Hanoi City for business purposes, leasing, joint ventures, and joint operations of the National Innovation and Creativity Center; methods and rental prices for state assets of the National Innovation and Creativity Center in Hoa Lac High-Tech Park.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. Principles, conditions, contents, financial mechanisms, procedures, and formalities for establishing, soliciting opinions, and deciding on proposals to use state assets within the management scope in Hanoi City for business purposes, leasing, joint ventures, and joint operations as stipulated in Clause 5, Article 24, and Clause 6, Article 41 of the Law on Hanoi Capital for the National Innovation and Creativity Center.

Article 2. Methods and rental prices for state assets as stipulated in Point d, Clause 2, Article 24 of the Law on Hanoi Capital for the facilities of the National Innovation and Creativity Center in Hoa Lac High-Tech Park.

Article 2. Applicability

1. National Innovation and Creativity Center (Center);

2. Organizations and individuals related to the contents stipulated in this Circular.

Article 3. Principles for Establishing Proposals to Use State Assets for Business Purposes, Leasing, Joint Ventures, and Joint Operations

1. Not changing the primary purpose of using state assets, which is to provide appropriate public services in accordance with the Center's functions, tasks, and development needs.

2. Having a reasonable financial plan, including specific cost and income calculations to determine financial efficiency or ensure the implementation of the proposal's objectives, ensuring effective use of state assets without waste.

3. Being transparent, including the publication of information on asset usage plans, asset values, related partners, evaluation results, and factors related to the decision to use state assets.

4. Ensuring competition, without discrimination, favoritism, or special preference for specific partners.

Article 4. Conditions for Establishing Proposals to Use State Assets for Business Purposes, Leasing, Joint Ventures, and Joint Operations

1. Clearly identifying the need to use state assets, including determining the necessary assets for the Center's main activities according to its assigned functions and tasks by the State; assets used for business, leasing, joint ventures, and joint operations.

2. Evaluating the current status and value of state assets under the Center's management to determine the necessity and usability of the assets, avoiding wasteful use of state assets.

3. Ensuring the legality of state assets: State assets must be those transferred by the State for the Center's management and use; assets donated, gifted, given, contributed, assisted, or sponsored by domestic and foreign organizations and individuals in other forms of ownership transfer to the Center; assets invested, constructed, or purchased from permitted financial sources of the Center for business, leasing, joint ventures, and joint operations, not falling under the category of state assets that must be protected or restricted in use.

4. State assets must be appraised according to current standards and appraisal methods to ensure fairness and transparency.

Chapter II

SPECIFIC PROVISIONS

Article 5. Content and financial mechanism of the project using state assets for business purposes, leasing, joint ventures, and joint operations

1. The project using state assets for business purposes, leasing, joint ventures, and joint operations of the Center shall include the contents as prescribed in the model project using state assets for business purposes, leasing, joint ventures, and joint operations issued together with the Government Decree detailing certain provisions of the Law on Management and Use of State Assets.

2. Financial mechanism of the project using state assets for business purposes, leasing, joint ventures, and joint operations:

a) Revenue items are all amounts collected by the Center from the use of state assets for business, leasing, joint ventures, and joint operations.

b) Expenditure items are all costs related to the use of state assets for business, leasing, joint ventures, and joint operations. The expenditure level serving as the basis for budget preparation and settlement is approved and implemented by the Director of the Center as follows:

For expenditure items that have standards, quotas, and regulations established by the State and the Center, the expenditure level shall be implemented according to these standards, quotas, and regulations.

For expenditure items involving service rental, the expenditure level shall be based on the contracts signed between the Center and organizations or individuals providing services, with the selection of service providers carried out in accordance with relevant laws.

For expenditure items outside the scope defined above, the Director of the Center shall decide on the expenditure level and bear responsibility for such decisions.

c) Revenue-expenditure difference: After deducting related expenditures and fulfilling financial obligations to the State and joint venture and joint operation partners, the remaining amount is a legitimate revenue source of the Center managed and utilized in accordance with the Government's regulations on the self-financing mechanism of public service units. In cases where the Center's use of state assets for business, leasing, joint ventures, and joint operations results in total revenue being less than total expenses, the Center must calculate and make up for the shortfall through other legitimate revenue sources of the Center. The Center has the responsibility to issue invoices to organizations and individuals in accordance with the law on invoices and vouchers; organize accounting and report on business, leasing, joint venture, and joint operation activities in accordance with accounting laws.

Article 6. Procedures and formalities for establishing, soliciting opinions, and deciding on projects using state assets for business purposes, leasing, joint ventures, and joint operations

1. In cases where the assets used for business, leasing, joint ventures, and joint operations have a book value recorded in the accounting books at the time of project establishment exceeding VND 10 billion or where the financial plan of the project using state assets has total revenue less than total expenses, the following procedures shall be followed:

a) Step 1: The Center establishes a project using state assets with the content stipulated in Clause 1 of Article 5 of this Circular.

b) Step 2: Solicit opinions from the unit entrusted with managing state assets under the Ministry of Planning and Investment. The file for soliciting opinions includes: Request for opinion letter: 01 original copy; Draft project using state assets of the Center: 01 original copy; Other related files (if any): 01 copy. Within 20 working days from the date of receipt of the project, the unit entrusted with managing state assets under the Ministry of Planning and Investment shall examine and provide opinions on: The necessity; the appropriateness of the project with the functions and tasks of the Center, regulations on management and use of state assets, and related laws; contents in the project that need to be revised and perfected.

c) Step 3: Revise and perfect the project: Within 20 working days from the date of receipt of the feedback from the unit entrusted with managing state assets under the Ministry of Planning and Investment, the Center studies and incorporates the opinions to revise and perfect the project.

d) Step 4: Report to the leadership of the Ministry of Planning and Investment for examination and approval of the policy.

e) Step 5: Submit to the Management Board for approval of the project.

Files submitted to the Management Board include: Letter requesting approval of the project from the Center: 01 original copy; Opinion letter from the unit entrusted with managing state assets under the Ministry: 01 original copy; Report letter from the leadership of the Ministry already approved: 01 original copy; Project using state assets for business, leasing, joint ventures, and joint operations: 01 original copy; Other related files (if any): 01 copy.

Main contents of the Decision approving the project include: Name of the public service unit using assets for business, leasing, joint ventures, and joint operations: National Innovation Center. List of assets used for business, leasing, joint ventures, and joint operations. Implementation period of the project (duration of the project's effectiveness). Responsibilities for organizing implementation.

2. In cases where the assets used for business, leasing, joint ventures, and joint operations have a book value recorded in the accounting books at the time of project establishment below VND 10 billion: The Center shall follow the procedures stipulated in Clause 1 of this Article, excluding Steps 2, 3, and 4.

3. Within 05 working days from the date the project is decided upon, the Center shall publicly disclose information about the issuance of the decision approving the project on its electronic information website for at least 30 days.

4. After the project using state assets is approved by the Management Board, the Director of the Center shall be responsible for implementing the project including organizing business, leasing assets, implementing joint ventures, joint operations, and other related work.

5. In cases where there is a need and actual situation requiring changes to the assets used for business, leasing, joint ventures, and joint operations, the Center shall establish, solicit opinions, and decide on a new project to replace the previously approved project according to the procedures and formalities stipulated in this Article.

Article 7. Method and rental price for state assets of the Center in Hoa Lac High-Tech Park

1. The leasing of state assets of the Center in Hoa Lac High-Tech Park shall be carried out through direct leasing.

a) In cases where the lease period exceeds 30 days per lease or the value of the lease package exceeds 50 million VND per lease, the following procedures shall be implemented:

Step 1: Develop the leasing plan: The Center Director assigns a unit within the Center or establishes a working group to develop the leasing plan to be submitted for the Director's approval. The leasing plan includes the following contents: List, location, area of leased assets; Purpose, form, duration of lease; Criteria and method for selecting lessees; Estimated rental price (not lower than the approved project rental price except for special cases specified in the project) and accompanying service costs; Leasing policies (if any); Expected revenue from asset leasing; Other contents (if any).

Step 2: Approve the leasing plan: The Center Director approves the leasing plan. The decision approving the leasing of state assets includes the contents stipulated in Step 1 point a of this clause (excluding the expected revenue from asset leasing). In case it is deemed necessary, the Center Director may establish a specialized committee or hire a service unit to evaluate the leasing plan before making the decision.

Step 3: Publicize the decision approving the leasing plan: Within five working days from the date the decision becomes effective, the Center shall publicize information on the issuance of the decision approving the leasing plan on its electronic information website until all assets under the plan have been fully leased.

Step 4: Notify registration of lease demand: The Center Director assigns a unit or working group (as stipulated in Step 1 point a of Clause 1 of this Article) to post notifications for registration of lease demand on the Center’s electronic information website, along with requirements to provide the following information:

General information about the lessee: Name of organization or individual; tax code or citizen identification number (still valid); registered office address or permanent residence address; year of establishment (for organizations); contact phone number, email address;

Business field, notable contracts/projects participated in; major clients/partners previously cooperated with; certificates and licenses obtained;

Products/services provided; core values of the organization/individual;

Financial capacity (financial statements of the last three years for organizations, financial capability proof documents for individuals: letter of guarantee, savings book or other valuable documents);

Other information (if any).

Step 5: Negotiate the contract: The unit or working group selects the list of qualified entities to send invitation letters for contract negotiation meetings. Contract negotiations must be documented and attended by authorized representatives of the parties involved.

Step 6: Draft and sign the contract: The unit or working group drafts the lease contract and sends it to successful negotiators for signing.

Step 7: Implement the contract: The unit or working group prepares the leased premises and assets for handover to the lessee. The handover of leased assets must be documented. The unit or working group collaborates with the Center's accounting unit to handle settlement, invoice issuance as stipulated in the contract, and collaborates with the Center's property management unit to supervise the use of leased assets according to the terms of the signed contract.

b) In cases where the lease period is less than 30 days per lease or the value of the lease package is less than 50 million VND per lease, the following procedures shall be implemented:

Step 1: Notify registration of lease demand: The Director assigns a unit or working group (as stipulated in Step 1 point a of Clause 1 of this Article) to post notifications for registration of lease demand on the Center’s electronic information website, along with requirements to provide the following information about the lessee: Name of organization or individual; tax code or citizen identification number (still valid); registered office address or permanent residence address; year of establishment (for organizations); contact phone number, email address.

Step 2: After receiving lessee registrations, draft and negotiate the contract content via email or telephone. Step 3: Sign and implement the contract.

2. Rental Price for Assets

After the project on the use of state assets has been approved, the unit or working group stipulated in Clause 1 of this Article shall establish the rental price for each type of asset to be issued by the Center Director.

The rental price is determined based on market rental prices for similar assets or assets with equivalent technical standards, quality, and origin. In cases where it is deemed necessary, the Center Director may establish a valuation committee or hire a business to conduct a valuation to serve as the basis for setting the rental price.

The rental price shall be publicly announced and posted on the Center’s electronic information website.

The rental price does not include taxes, fees, maintenance expenses, management operation service fees, furniture procurement costs, fuel, energy, water, television, communication services, and other service costs (if any). The rental price serves as the basis for the Center and organizations or individuals seeking to lease to negotiate the rental price during contract negotiations.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities of agencies and units

1. The National Innovation Center shall draft, seek opinions on, submit to the competent authority for approval, and organize the implementation of the project on the use of state assets in accordance with this Circular; propose the Minister of Planning and Investment to consider amending and supplementing this Circular.

2. Units entrusted with the management of state assets under the Ministry of Planning and Investment shall provide comments on the project on the use of state assets as prescribed in Article 6 of this Circular.

3. Organizations and individuals related thereto shall be responsible under the law for complying with the provisions of this Circular.

Article 9. Effective Date

1. This Circular takes effect from February 15, 2025.

2. During the implementation process, if there are any difficulties, organizations and individuals related thereto are requested to promptly reflect them to the Ministry of Planning and Investment for research and supplementary guidance./.