Decision No. 29/2000/QD-BTC On Amending and Supplementing Certain Provisions 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 with State Ownership Rights Issued Together with Decision No. 1766/1998/QD-BTC dated December 7, 1998 of the Minister of Finance

DECISION OF THE MINISTER OF FINANCE

Regarding the amendment and supplementation of 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 with State Ownership Rights issued together with Decision No. 1766/1998/QĐ-BTC dated December 7, 1998 of the Minister of Finance.

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 THE MINISTER OF FINANCE

Based on the Civil Code of the Socialist Republic of Vietnam;

Based on the Criminal Procedure Code of the Socialist Republic of Vietnam;

Based on the Administrative Violation Handling Ordinance dated July 6, 1995;

Based on the Civil Execution Ordinance dated April 21, 1993;

Based on Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management;

Based on Decree No. 86/CP dated December 19, 1996 of the Government on the issuance of the Auction Sale Regulation;

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;

Based on Decree No. 178/CP dated October 28, 1994 of the Government on the tasks, powers, 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:Amend and supplement certain Articles of the Regulation on Management and Disposal of Assets Confiscated and Transferred to the State Treasury and Assets Established with State Ownership Rights issued together with Decision No. 1766/1998/QĐ-BTC dated December 7, 1998 of the Minister of Finance (hereinafter referred to as Regulation No. 1766/1998/QĐ-BTC) as follows:

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

“5. Assets as evidence in criminal cases with a decision to confiscate and transfer to the State Treasury made by competent authorities as stipulated in Article 58 of the Criminal Procedure Code of the Socialist Republic of Vietnam.

6. Other assets 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 confiscate 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 of Clause 1 as follows:

“1.5. In the case where assets confiscated 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 compensation decision to return the amount to individuals or organizations penalized, then the finance agency at the level that benefited from 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 must submit to the People's Committee of the province to issue a decision to establish the Appraisal Board for Auction Sale and organize the auction sale 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 Board for Auction Sale and organize the auction sale of these assets.”

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

“The Appraisal Board and Auction Sale Board shall be established according to each specialized agency. The term of operation of the Board shall be specifically defined in the decision establishing the Board.

In special cases, the Appraisal Board and Auction Sale Board for State Treasury assets may be decided to be established for each auction sale. After organizing the auction sale and concluding the purchase and sale contract of State Treasury assets, the Auction Sale Board ceases its operations.”

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

“5. Receipts for the sale of confiscated and transferred State Treasury assets shall be issued by the Ministry of Finance, according to Model 01/TSTT-3L issued together with this Decision.”

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

“In the case where funds from the sale of confiscated and transferred State Treasury assets due to administrative violations in forest management, protection, and forestry product management are centralized into a temporary holding account opened by the Provincial Finance and Price Bureau at the State Treasury to implement management, allocate to the forest protection fund and illegal forestry production, trade, and transportation control fund 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 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 expenses, provide rewards according to the system 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-level city 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 under central cities shall assist the Minister of Finance and the Chairman of the provincial people's committee in organizing guidance and inspection of the implementation of this Decision./.