Decision No. 29/2000/QD-BTC Amending and Supplementing Certain Articles of the Regulation on Management and Disposal of Assets when there is a Decision to Confiscate and Transfer to the State Treasury and Assets Established as State Property issued together with Decision No. 1766/1998/QD-BTC dated December 7, 1998 of the Ministry of Finance.

Pursuant to …;

OF THE MINISTER OF FINANCE NUMBER 29/2000/QĐ-BTC DATED FEBRUARY 29, 2000 ON AMENDING AND SUPPLEMENTING CERTAIN ARTICLES OF THE REGULATIONS ON MANAGEMENT AND DISPOSITION OF ASSETS WHEN THERE IS A DECISION TO SEIZE AND TRANSFER TO THE STATE TREASURY OR TO ESTABLISH STATE OWNERSHIP RIGHTS OVER ASSETS ISSUED ACCOMPANYING DECISION NUMBER 1766/1998/QĐ-BTC DATED DECEMBER 7, 1998 OF THE MINISTER OF FINANCE

THE MINISTER OF FINANCE

Pursuant to the Civil Code of the Socialist Republic of Vietnam;
Pursuant to the Criminal Procedure Code of the Socialist Republic of Vietnam;
Pursuant to the Administrative Violation Handling Ordinance dated July 6, 1995;
Pursuant to the Civil Enforcement Ordinance dated April 21, 1993;
Pursuant to Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management;
Pursuant to Decree No. 86/CP dated December 19, 1996 of the Government on Issuing Auction Regulations;
Pursuant to the Government Decree No. 15/CP dated March 2, 1993 on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies;
Pursuant to Decree No. 178/CP dated October 28, 1994 of the Government on Tasks, Authorities, and Organizational Structure of the Ministry of Finance;
At the proposal of the Director of the State Asset Management Department - Ministry of Finance

Pursuant to …;

Article 1:

Amending and supplementing certain articles of the Regulations on management and disposition of assets seized and transferred to the state treasury and assets established with state ownership rights issued accompanying Decision

1. Article 1 shall be supplemented with Clause 5, Clause 6 as follows:

"5. Assets as evidence in criminal cases that have been decided to seize and transfer to the state treasury by competent authorities as stipulated in Article 58 of the Criminal Procedure Code of the Socialist Republic of Vietnam.

6. Other assets that have been established with state ownership rights according to the provisions of the law."

2. Article 3 shall be supplemented with Clause 4, Clause 5 as follows:

"4. Investigation agencies, prosecution agencies, and courts at all levels issue decisions to seize and transfer to the state treasury for evidence during the investigation and prosecution process according to the provisions of Article 58 of the Criminal Procedure Code of the Socialist Republic of Vietnam.

5. Other competent authorities according to the provisions of the law."

3. Article 10 shall be supplemented with Point 1.5 Clause 1 as follows:

"1.5. In the case where assets seized and transferred to the state treasury have been sold and submitted to the state budget, and subsequently there is a complaint which has been resolved by a competent authority issuing a decision to compensate or return to the individual or organization penalized, then the finance agency of the level which received this revenue shall issue a decision to refund the state budget revenue according to current regulations."

4. Article 11 shall be amended as follows:

a. The beginning of Article 11: "Within a period not exceeding 30 days...the finance agency shall submit to the provincial People's Committee to issue a decision to establish the Appraisal Council for Auction and organize the auction of these assets." shall be amended as follows:

"Within a period not exceeding 30 days (for ordinary consumer goods), 60 days (for cars, motorcycles, ships, specialized machinery and equipment...) from the date of receiving these assets, the finance agency must submit to the same-level People's Committee to issue a decision to establish the Appraisal Council for Auction and organize the auction of these assets."

b. Clause 4 of Article 11 shall be amended as follows:

"The Appraisal Council and Auction Council shall be established according to each specialized agency. The term of operation of the Council shall be specified in the decision establishing the Council.

In special cases, the Appraisal Council and Auction Council for state treasury assets may be established for each auction event. After organizing the auction and concluding the sales contract for state treasury assets, the Auction Council will cease operations."

5. Article 15 shall be amended with Point 5 Clause 6 as follows:

"5. Sales invoices for assets seized and transferred to the state treasury shall be issued by the Ministry of Finance, according to Model 01/TSTT-3L issued accompanying this Decision."

6. Article 18 shall be supplemented with the end of Clause 1 as follows:

"In the case where revenues from selling assets seized and transferred to the state treasury due to administrative violations in forest management, protection, and forestry product management are centralized into the temporary account of the Provincial Finance and Price Bureau opened at the State Treasury to implement management, setting up funds to combat illegal logging and production, trading, and transportation of forestry products according to current regulations.

In the case where state treasury assets are assigned by the Prime Minister to the Ministry of Finance for disposal, the proceeds from the sale shall be deposited into the account "Revenue and Expenditure Management of State Assets" of the State Asset Management Department at the State Treasury to cover costs, provide bonuses according to regulations before being deposited into the state budget according to the Prime Minister's decision."

Article 2:

This Decision shall take effect 15 days after the date of signature. Ministers of Ministries, heads of ministerial-level agencies, and chairmen of provincial/municipal People's Committees shall, based on their functions, tasks, and authorities, be responsible for directing relevant units to implement this Decision.

The Director of the State Asset Management Department and the Directors of Provincial Finance and Price Bureaus shall be responsible for assisting the Minister of Finance and the Chairman of the provincial People's Committee in guiding and supervising the implementation of this Decision.

SALES INVOICE FOR ASSETS SEIZED AND TRANSFERRED TO THE STATE TREASURY ISSUED ACCOMPANYING DECISION NO. 29/2000/QĐ-BTC DATED FEBRUARY 29, 2000 OF THE MINISTER OF FINANCE