Decree No. 29/2014/ND-CP on the authority and procedures for establishing state ownership rights over assets and managing and disposing of assets with established state ownership rights

DECREE

Provisions on the authority and procedures for establishing the State's ownership over assets and managing and disposing of assets established with the State's ownership.

Provisions on the State's authority and procedures for establishing ownership over assets and managing and disposing of assets after establishing the State's ownership according to the law.

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Code dated June 14, 2005;

Based on the Criminal Code dated December 21, 1999 and the Law Amending and Supplementing Certain Articles of the Criminal Code dated June 19, 2009;

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

Based on the Customs Law dated June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Customs Law dated June 14, 2005;

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

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

At the proposal of the Minister of Finance,

The Government issues this Decree to provide provisions on the authority and procedures for establishing the State's ownership over assets and managing and disposing of assets after establishing the State's ownership according to the law for the following types of assets.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides provisions on the authority and procedures for establishing the State's ownership over assets and managing and disposing of assets after establishing the State's ownership according to the law for the following types of assets.

1. Assets confiscated according to the law.

2. Ownerless assets, lost or abandoned assets, buried or sunken assets, heirless estates, goods remaining in customs-controlled areas.

3. Assets voluntarily transferred by organizations and individuals to the State.

4. Assets of foreign-invested enterprises transferred to the Socialist Republic of Vietnam according to commitments.

Article 2. Applicability

1. State agencies, persons authorized to decide on establishing state ownership over assets.

2. Agencies, organizations, units entrusted with the task of managing and disposing of assets established with the State's ownership.

3. Other organizations and individuals related to the establishment of state ownership over assets and the management and disposal of assets with established state ownership.

Article 3. Assets subject to establishment of the State's ownership

1. Assets confiscated according to the law are assets belonging to organizations and individuals but confiscated due to criminal offenses or administrative violations according to court judgments or decisions of competent authorities, including:

a) Violation objects and means confiscated due to administrative violations;

b) Evidence in criminal cases, part or all of the assets belonging to the convicted person confiscated according to the Criminal Law and Criminal Procedure Law (hereinafter referred to as evidence in criminal cases, assets of the convicted person confiscated).

2. Ownerless assets, lost or abandoned assets, buried or sunken assets, heirless estates, goods remaining in customs-controlled areas are established with the State's ownership, including:

a) Ownerless real estate or real estate whose owner cannot be identified is established with the State's ownership (hereinafter referred to as ownerless real estate);

b) Lost or abandoned assets whose owner cannot be identified or whose owner does not claim them are established with the State's ownership (hereinafter referred to as lost or abandoned assets);

c) Buried or sunken assets found or discovered within the territory, islands, and maritime zones under the sovereignty, sovereign rights, and jurisdiction of the Socialist Republic of Vietnam at the time of discovery or finding without an owner or whose owner cannot be identified according to the law are established with the State's ownership (hereinafter referred to as buried or sunken assets);

d) Assets that are heirless estates according to wills, laws, or have heirs who are not entitled to inherit or refuse to accept the inheritance after fulfilling their financial obligations are established with the State's ownership (hereinafter referred to as heirless estates);

e) Goods remaining in customs-controlled areas at seaports, airports, bonded warehouses, postal service enterprises without anyone claiming them are established with the State's ownership (hereinafter referred to as remaining goods).

3. Assets voluntarily transferred by organizations and individuals to the State include: Assets donated, gifted, contributed, assisted, sponsored, and other forms of transferring ownership to the Socialist Republic of Vietnam by domestic and foreign organizations and individuals.

4. Assets of foreign-invested enterprises that foreign investors have committed to transfer无偿转让给越南社会主义共和国的外资企业的资产。

Article 4. Principles for Implementing Procedures to Establish State Ownership over Assets and Managing and Disposing of Assets with Established State Ownership

1. The establishment of state ownership over assets must be documented in writing and must follow the procedures and formalities prescribed by law on the basis of protecting the interests of the State and respecting the legitimate rights and interests of organizations and individuals concerned.

2. State management of assets with established state ownership shall be carried out uniformly, with clear division of authority and responsibility among agencies.

3. The determination of value and organization of disposal of assets with established state ownership shall be conducted through market mechanisms.

4. The establishment of state ownership over assets and managing and disposing of assets with established state ownership shall be conducted openly and transparently; all violations must be promptly and strictly dealt with according to the provisions of law.

Article 5. Units Responsible for Managing and Disposing of Assets with Established State Ownership

Agencies, organizations, units (hereinafter referred to as units) responsible for managing and disposing of assets with established state ownership are specified as follows:

1. For assets that are contraband items or means of transport confiscated due to administrative violations:

a) The agency submitting the competent authority's decision to confiscate is the unit responsible for managing and disposing of the asset when the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to as provincial level) or the Chairman of the People's Committee of the district, town, or city under a province (hereinafter referred to as district level) makes the confiscation decision;

b) The agency of the person making the confiscation decision is the unit responsible for managing and disposing of the asset in other cases.

2. For evidence in criminal cases and assets of convicted persons confiscated according to the provisions of criminal law and criminal procedure law and have been decided by the competent enforcement agency, the Department of Finance is the unit responsible for managing and disposing of assets transferred from the provincial enforcement agency and the military region enforcement agency, while the Planning and Finance Office under the People's Committee at the district level (hereinafter referred to as Planning and Finance Office) is the unit responsible for managing and disposing of assets transferred from the district enforcement agency.

3. For evidence in criminal cases confiscated by the investigation agency or the Public Prosecutor's Office, the agency issuing the confiscation decision is the unit responsible for managing and disposing of the asset.

4. For unclaimed real estate, lost or abandoned property, and intestate estates, the Department of Finance is the unit responsible for managing and disposing of real estate and historical-cultural relics, while the Planning and Finance Office is the unit responsible for managing and disposing of movable property; in cases where a matter involves multiple types of assets (real estate or historical-cultural relics and movable property), the Department of Finance is the unit responsible for managing and disposing of the asset.

5. For buried or sunken assets, the Department of Finance is the unit responsible for managing and disposing of the asset.

6. For goods remaining in customs-controlled areas, the Customs Bureau is the unit responsible for managing and disposing of the asset.

7. For assets voluntarily transferred by organizations and individuals to the Vietnamese State with specific management and usage agencies designated at the time of transfer, the agency managing and using the asset is the unit responsible for managing and disposing of the asset.

8. For assets voluntarily transferred by organizations and individuals to the Vietnamese State without specifying the management and usage agency at the time of transfer, the competent state agency shall assign responsibility for managing and disposing of the asset as follows:

a) For assets from projects implemented by foreign experts, contractors, and consultants using official development assistance and non-refundable aid transferred to the Vietnamese State, the Project Management Board is the unit responsible for managing and disposing of the asset; if the Project Management Board has been dissolved, the project supervising agency is the unit responsible for managing and disposing of the asset;

b) For special assets and specialized equipment in the defense sector, the Ministry of National Defense or units delegated by the Ministry of National Defense are the units responsible for managing and disposing of the asset;

c) For special assets and specialized equipment in the security sector, the Ministry of Public Security or units delegated by the Ministry of Public Security are the units responsible for managing and disposing of the asset;

d) For assets not covered by Points a, b, and c of this Clause, they are transferred to the Government, the Ministry of Finance, or units delegated by the Ministry of Finance as the units responsible for managing and disposing of the asset;

đ) For assets not covered by Points a, b, and c of this Clause, they are transferred to local authorities, with the Department of Finance being the unit responsible for managing and disposing of the asset.

9. For assets transferred by foreign-invested enterprises to the Vietnamese State according to commitments, the Department of Finance is the unit responsible for managing and disposing of the asset.

Article 6. Responsibilities of the entity in charge of managing and disposing of assets established with state ownership rights

1. Implement the preservation of assets established with state ownership rights from the time of receipt until the completion of disposal according to the decision of the competent authority, except where otherwise provided by law.

2. Process to report to the competent authority for deciding on establishing state ownership rights over the assets.

3. Develop a plan for disposing of the assets or report to the competent state agency to develop a disposal plan, submit it for approval by the competent authority, except where otherwise provided by law.

4. Organize the disposal or coordinate with others to dispose of the assets after the plan has been approved by the competent authority.

5. Pay related expenses and the value portion of the assets belonging to organizations or individuals as prescribed by law.

6. Perform other tasks as stipulated in this Decree and relevant laws.

Article 7. Prohibited acts

1. Exploiting or abusing positions or powers to appropriate assets established with state ownership rights in any form.

2. Failing to report and develop a disposal plan for submission to the competent authority for approval as prescribed in this Decree.

3. Not implementing the disposal of assets established with state ownership rights according to the approved plan or legal provisions within the specified timeframe.

4. Causing loss or damage to assets established with state ownership rights.

5. Other prohibited acts as prescribed by relevant laws.

Chapter II

AUTHORITY AND PROCEDURES FOR ESTABLISHING STATE OWNERSHIP RIGHTS

OF THE STATE OVER ASSETS

Article 8. Authority to establish state ownership rights over assets

1. The authority to decide on confiscation of contraband items and means of administrative violations shall be carried out in accordance with the provisions of the law on handling administrative violations.

2. The authority to decide on confiscation of evidence in criminal cases and assets of convicted persons shall be carried out in accordance with the provisions of criminal law, criminal procedure law, and civil enforcement law.

3. For ownerless assets, lost or abandoned assets, buried or sunken assets, heirless estates, and surplus goods:

a) The Chairman of the People's Committee of the province decides to establish state ownership rights in accordance with the law for: Buried or sunken assets; ownerless immovable property, immovable property without heirs, lost or abandoned assets that are historical-cultural relics; assets including both immovable property or historical-cultural relics and movable property in cases involving disposal.

b) The Chairman of the People's Committee of the district decides to establish state ownership rights in accordance with the law for cases not falling under Point a and Point c of this Clause;

c) The Director of the Customs Department decides to establish state ownership rights in accordance with the law for surplus goods remaining in the customs supervision area.

4. For assets voluntarily transferred by organizations or individuals to the State of Vietnam, the authority to decide on establishing state ownership rights is as follows:

a) The Minister of Finance decides based on the proposal of Ministries or central agencies for real estate, cars, and other assets (excluding real estate and cars) valued at 500 million dong or more per transferred asset to central-managed agencies, organizations, or units, excluding assets as specified in Points b and c of this Clause;

b) The Minister of National Defense decides or delegates the decision-making authority for special assets and specialized assets in the defense sector;

c) The Minister of Public Security decides or delegates the decision-making authority for special assets and specialized assets in the security sector;

d) The Minister or head of a central agency decides or delegates the decision-making authority for assets not covered by Points a, b, and c of this Clause transferred to agencies, organizations, or units under the management of Ministries or central agencies;

đ) The Chairman of the People's Committee of the province or the person authorized by the provincial People's Committee to delegate the decision-making authority for assets transferred to agencies, organizations, or units under local management, excluding assets as specified in Points b and c of this Clause.

5. The Chairman of the People's Committee of the province decides to establish state ownership rights in accordance with the law for assets of foreign-invested enterprises transferred to the Vietnamese State upon termination of their operation period as committed.

Article 9. Procedures for deciding to confiscate property that is evidence, means of administrative violation, evidence in criminal cases, and property of persons convicted

The procedures for deciding to confiscate property that is evidence, means of administrative violation, evidence in criminal cases, and property of persons convicted shall be carried out in accordance with the provisions of laws on handling administrative violations, laws on criminal procedure, and laws on civil enforcement.

Article 10. Procedures for establishing state ownership over lost or abandoned property

1. Within seven working days from the date of completing the procedures to determine the owner of lost or abandoned property according to the provisions of civil law, the agency receiving information about lost or abandoned property (People's Committee at the commune level or local police) shall be responsible for preparing files to send to the Finance and Planning Department for lost or abandoned property belonging to the State.

The file sent to the Finance and Planning Department includes:

a) Report on the process of determining the owner of the property from the time it was discovered; basis for determining that the property belongs to the State;

b) List of types, quantities, volumes, values, and current conditions of the property;

c) Handover record of the property by the finder or the person who discovered the lost or abandoned property;

d) Any related files and documents concerning the handling of the property (if any).

2. For lost or abandoned property as stipulated in Point b Clause 3 Article 8 of this Decree, within seven working days from the date of receiving all the files specified in Clause 1 of this Article, the Finance and Planning Department shall be responsible for preparing a Petition along with the files specified in Clause 1 of this Article to submit to the Chairman of the People's Committee at the district level to decide on establishing state ownership.

For lost or abandoned property as stipulated in Point a Clause 3 Article 8 of this Decree, within seven working days from the date of receiving all the files specified in Clause 1 of this Article, the Finance and Planning Department shall be responsible for preparing a Petition along with the files specified in Clause 1 of this Article, to be submitted to the People's Committee at the district level to forward to the Department of Finance to submit to the Chairman of the People's Committee at the provincial level to decide on establishing state ownership.

Within five working days from the date of receiving all the files sent by the People's Committee at the district level, the Department of Finance shall be responsible for submitting to the Chairman of the People's Committee at the provincial level to decide on establishing state ownership over lost or abandoned property as stipulated in Point a Clause 3 Article 8 of this Decree.

3. Within five working days from the date of receiving all the files specified in Clause 2 of this Article, the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the provincial level shall decide on establishing state ownership over the property.

Article 11. Procedures for establishing state ownership over unclaimed real estate

1. Within seven working days from the date of completing the procedures to determine the owner according to the provisions of civil law without identifying the owner of the real estate, the agency receiving information about unclaimed real estate (People's Committee at the commune level or local police) shall be responsible for preparing files to send to the Finance and Planning Department.

The file sent to the Finance and Planning Department includes:

a) Report on the process of determining the owner of the real estate from the time it was discovered;

b) List of location, area, and current condition of the real estate;

c) Any related files and documents concerning the process of determining the owner of the real estate (if any).

2. Within seven working days from the date of receiving all the files specified in Clause 1 of this Article, the Finance and Planning Department shall be responsible for preparing a Petition along with the files specified in Clause 1 of this Article, to be submitted to the People's Committee at the district level to forward to the Department of Finance to submit to the Chairman of the People's Committee at the provincial level to decide on establishing state ownership.

3. Within five working days from the date of receiving all the files specified in Clause 2 of this Article, the Department of Finance shall be responsible for submitting to the Chairman of the People's Committee at the provincial level to decide on establishing state ownership over the property.

4. Within five working days from the date of receiving all the files from the Department of Finance, the Chairman of the People's Committee at the provincial level shall decide on establishing state ownership over the property.

Article 12. Procedures for Establishing State Ownership over Buried or Sunken Property

1. Within seven working days from the date of completing the procedures to determine the owner according to civil law regulations without identifying any owner of buried or sunken property, the Department of Finance shall be responsible for preparing a dossier to submit to the Chairman of the Provincial People's Committee for a decision to establish State ownership over such property.

The dossier requesting establishment of State ownership over property includes:

a) Report on the process of determining the owner of buried or sunken property since its discovery;

b) List of types, quantities, volumes, and current conditions of the property;

c) Relevant dossiers and documents related to the process of determining the owner of the property (if any).

2. Within five working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the Chairman of the Provincial People's Committee shall decide to establish State ownership over the property.

Article 13. Procedures for Establishing State Ownership over Inherited Property Without Heirs

1. Within seven working days from the date of receiving the document rejecting the right to inherit from the heir or the court judgment determining that the person has no right to inherit according to civil law regulations, the notary office or the commune-level People's Committee where the inheritance is opened shall be responsible for preparing a dossier to send to the Department of Finance and Planning.

The file sent to the Finance and Planning Department includes:

a) Report on the process of opening the inheritance for the inherited property;

b) List of types, quantities, volumes, and current conditions of the inherited property;

c) Relevant dossiers and documents related to the process of opening the inheritance, the document rejecting the right to inherit, the court judgment or decision determining that the person has no right to inherit (if any).

2. Within seven working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the Department of Finance and Planning shall be responsible for preparing a report along with the dossier as stipulated in Clause 1 of this Article, to submit to the District People's Committee for a decision to establish State ownership over inherited property without heirs as specified in Point b, Clause 3, Article 8 of this Decree, and to submit to the Department of Finance to present to the Chairman of the Provincial People's Committee for a decision to establish State ownership over inherited property without heirs as specified in Point a, Clause 3, Article 8 of this Decree.

Within five working days from the date of receiving the complete dossier sent by the District People's Committee, the Department of Finance shall be responsible for presenting to the Chairman of the Provincial People's Committee for a decision to establish State ownership over inherited property without heirs as specified in Point a, Clause 3, Article 8 of this Decree.

3. Within five working days from the date of receiving all the files specified in Clause 2 of this Article, the Chairman of the People's Committee at the district level and the Chairman of the People's Committee at the provincial level shall decide on establishing state ownership over the property.

Article 14. Procedures for Establishing State Ownership over Surplus Goods

1. Within seven working days from the date of completing the procedures to determine the owner and inventory, classification, and valuation of surplus goods according to customs law regulations without anyone claiming them, the Customs Office where the surplus goods are located shall be responsible for preparing a dossier to submit to the Director of the Customs Department for a decision to establish State ownership over such goods.

The dossier requesting establishment of State ownership over property includes:

a) Report proposing establishment of State ownership over property;

b) List of types, quantities, volumes, and current conditions of the property;

c) Relevant dossiers and documents related to the process of notifying about the property and other relevant dossiers and documents (if any);

d) Notification document abandoning the goods or proof thereof (if any).

2. Within five working days from the date of receiving the complete dossier as stipulated in Clause 1 of this Article, the Director of the Customs Department shall decide to establish State ownership over the property.

Article 15. Procedures for establishing State ownership rights over assets transferred voluntarily by organizations and individuals to the State

1. When organizations and individuals propose to transfer ownership rights over assets to the State, the agencies, organizations, or units proposed to receive the assets shall base their determination of the suitability of receiving the transferred assets on the current legal regulations and bear responsibility for such determination.

2. In cases where it is determined that receiving the transferred assets is in compliance with legal provisions, within 7 working days from the date of receiving the assets, the agency, organization, or unit receiving the assets shall be responsible for preparing the necessary documentation and submitting it to the competent authority specified in Clause 4, Article 8 of this Decree (if applicable) to establish State ownership rights over the assets.

The dossier requesting establishment of State ownership over property includes:

a) Report proposing establishment of State ownership over property;

b) List of types, quantities, volumes, values, and current conditions of the property;

c) A gift contract for the asset in cases where the transfer is made in the form of a gift and according to legal requirements must be established in the form of a contract;

d) Documentation and evidence proving the ownership and usage rights of the transferred asset and the form of transfer (if applicable).

3. Within 5 working days from the date of receiving all the documents specified in Clause 2 of this Article, the competent authority specified in Clause 4, Article 8 of this Decree shall decide to establish State ownership rights over the asset.

Article 16. Procedures for establishing State ownership rights over assets transferred by foreign-invested enterprises pursuant to commitments

1. At least 30 days before the end of the operating period stipulated in the Investment License, the agency issuing the investment license shall be responsible for notifying the Department of Finance at the location where the foreign-invested enterprise has its headquarters about the cases where the enterprise commits to transferring assets to the Government of Vietnam upon termination of operations.

2. Within 5 working days from the date of receipt of the notification from the agency issuing the investment license, the Department of Finance shall be responsible for presenting to the Chairman of the Provincial People's Committee to establish an Inventory and Classification Board. The Board shall consist of representatives from the Department of Finance (as chairman), the Department of Planning and Investment, the Department of Natural Resources and Environment, the Department of Construction, and other relevant agencies.

The Board shall be responsible for:

a) Receiving assets transferred from foreign-invested enterprises;

b) Conducting an inventory and classification of assets and preparing a detailed list specifying the types, quantities, volumes, values, and conditions of the assets;

c) Safeguarding the assets during the waiting period for processing.

3. Based on the results of the inventory and classification conducted by the Board, the Department of Finance shall be responsible for preparing the necessary documentation to request the establishment of State ownership rights over the assets transferred by foreign-invested enterprises pursuant to commitments.

The dossier requesting establishment of State ownership over property includes:

a) Report proposing establishment of State ownership over property;

b) List of types, quantities, volumes, values, and current conditions of the property;

c) Documents reflecting the commitment to transfer assets to the Government of Vietnam upon termination of operations of foreign-invested enterprises;

d) Relevant documentation and evidence concerning the assets (if applicable).

3. Within 5 working days from the date of receiving all the documents specified in Clause 2 of this Article, the Chairman of the Provincial People's Committee shall decide to establish State ownership rights over the asset.

Chapter III

MANAGEMENT AND DISPOSITION OF ASSETS WITH ESTABLISHED STATE OWNERSHIP RIGHTS

STATE OWNERSHIP RIGHTS

Section 1

MANAGEMENT AND DISPOSITION OF ASSETS THAT ARE EVIDENCE,

INSTRUMENTS OF ADMINISTRATIVE VIOLATIONS BEING SEIZED

Article 17. Preservation of Seized Administrative Violation Objects and Means

1. The entity responsible for managing and disposing of assets as stipulated in Clause 1, Article 5 of this Decree shall be responsible for preserving such assets during the period awaiting disposal, except for assets specified in Clause 2 of this Article.

In cases where the entity responsible for managing and disposing of assets as stipulated in Clause 1, Article 5 of this Decree does not have storage facilities to preserve the assets or the assets are machinery and equipment that are fixed and difficult to dismantle, it may be authorized or enter into a contract with organizations or agencies having sufficient material conditions and warehouses to preserve the assets. The authorization or hiring for asset preservation must be established in a contract in accordance with the provisions of the law.

2. The following assets must be transferred to specialized management agencies for preservation:

a) Assets that are historical objects, cultural values, national treasures, antiques shall be transferred to cultural management agencies;

b) Assets that are weapons, explosives, support tools, technical equipment, special equipment, and other assets related to national defense and security shall be transferred to military forces;

c) Assets that are Vietnamese currency, foreign currencies, valuable certificates, gold, silver, precious stones, and precious metals shall be transferred to the State Treasury;

d) Rare forest products that cannot be used for commercial purposes shall be transferred to state reserve agencies or forest inspection agencies. In cases where the forest products are injured, sick, or weak wild animals requiring rescue, they shall first be transferred to wildlife rescue centers or the nearest veterinary agencies for treatment before being transferred to specialized management agencies.

The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to publish a specific list of specialized management agencies as stipulated in this Clause.

3. The transfer of assets to specialized management agencies as stipulated in Clause 2 of this Article for preservation must be recorded in a protocol with confirmation from the transferring party, receiving party, and witness (same-level financial agency). The Ministry of Finance shall specify the contents, forms, and accompanying documents for the transfer protocol.

4. Specialized management agencies as stipulated in Clause 2 of this Article shall be responsible for accepting transferred assets and implementing their preservation in accordance with the provisions of the law.

Article 18. Forms of Disposal of Seized Administrative Violation Objects and Means

1. Transfer to specialized management agencies for management and disposal of administrative violation objects and means that are narcotics, weapons, explosives, support tools, technical equipment, special equipment, and other assets related to national defense and security, historical objects, cultural values, national treasures, antiques, rare forest products, prohibited items, and other assets not permitted to circulate.

The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to publish a specific list of specialized management agencies as stipulated in this Clause.

2. Transfer to state agencies, public service units, military forces, political organizations, and social-political organizations for management and use of assets that are transportation means, machinery, equipment, and work tools, and equipment serving professional work according to standards and quotas prescribed by competent state authorities.

3. Deposit into the state budget for seized assets that are Vietnamese currency and foreign currencies.

4. Destroy assets that are no longer usable or must be destroyed according to the provisions of the law; in exceptional cases requiring other forms of disposal to ensure economy and effectiveness, the entity responsible for managing and disposing of the assets shall report to the Ministry of Finance or report to the superior agency (if any) for the Minister of Finance to consider and decide on the disposal.

5. Conduct public auction for assets not covered by Clauses 1, 2, 3, and 4 of this Article; if only one person registers to purchase the auctioned asset and offers at least the starting price after the registration deadline, the asset shall be sold to that person.

6. Liquidate assets that have been publicly auctioned twice but remain unsold.

7. The handling of goods and items prone to damage shall be carried out in accordance with Clause 3, Article 126 of the Law on Handling Administrative Violations and guidelines issued by the Ministry of Finance.

Article 19. Decision on Transfer of Assets

1. For assets specified in Clause 1 and Clause 2, Article 18 of this Decree, the unit primarily responsible for managing and disposing of assets as specified in Clause 1, Article 5 of this Decree must submit the confiscation decision to the financial authority at the same level, specifically:

a) For assets confiscated by persons with authority from central agencies, such decisions shall be sent to the Ministry of Finance;

b) For assets confiscated by persons with authority from local agencies, such decisions shall be sent to the Department of Finance.

2. Upon receiving the confiscation decision sent by the unit primarily responsible for managing and disposing of assets, the financial authority specified in Point a and Point b of Clause 1 of this Article shall take the lead and coordinate with the unit primarily responsible for managing and disposing of assets based on asset usage standards and requirements, and submit to the competent authority for a decision to transfer the assets to specialized management agencies or organizations, units managing and using them, specifically:

a) The Minister of Finance decides: Transfer of assets as specified in Point a, Clause 1 of this Article; transfer of assets as specified in Point b, Clause 1 of this Article to organizations, units under central management or reallocate assets to other local agencies, organizations, units;

b) The Chairman of the People's Committee of the province decides to transfer assets as specified in Point b, Clause 1 of this Article to organizations, units within the scope of local management.

3. In cases where transfer cannot be implemented, the assets will be disposed of through public auction as stipulated in Clause 5, Article 18 of this Decree and guidelines issued by the Ministry of Finance.

Article 20. Organization of Handling Assets as Evidence, Means of Administrative Violations Confiscated

1. The organization of handling assets shall be carried out for each administrative penalty case involving confiscated assets.

If the value of confiscated assets in a single case is low (under VND 100 million per case), the unit primarily responsible for managing and disposing of assets may consolidate assets from multiple cases for joint disposal.

2. For assets transferred to specialized management agencies for management and disposal as specified in Clause 1, Article 18 of this Decree, the unit primarily responsible for managing and disposing of assets as specified in Clause 1, Article 5 of this Decree shall organize the handover of assets to specialized management agencies according to the decision of the competent authority as specified in Clause 2, Article 19 of this Decree. The handover and receipt of assets shall be recorded in a Record Form prescribed by the Ministry of Finance.

After receiving the assets, the specialized management agency shall be responsible for managing and disposing of the received assets in accordance with relevant laws.

3. For assets transferred to state agencies, public service organizations, people's armed forces units, political organizations, political-social organizations for management and use according to the decision of the competent authority, the unit primarily responsible for managing and disposing of assets as specified in Clause 1, Article 5 of this Decree shall organize the handover of assets to the receiving agencies, organizations, units according to the decision of the competent authority as specified in Clause 2, Article 19 of this Decree.

The organization of handover and receipt of assets shall be recorded in a Record Form prescribed by the Ministry of Finance.

Agencies, organizations, units receiving transferred assets shall be responsible for recording the increase in assets and managing and using the assets in accordance with laws on the management and use of state assets.

4. For assets in Vietnamese currency, the State Treasury shall record the deposit into the state budget according to laws on state budgets. For assets in foreign currency, the unit primarily responsible for managing and disposing of assets shall deposit into the foreign currency account of the State Treasury at the bank; the State Bank shall be responsible for purchasing all the foreign currency to deposit into the state budget in Vietnamese currency according to regulations.

5. For assets specified in Clause 4, Article 18 of this Decree, the unit primarily responsible for managing and disposing of assets as specified in Clause 1, Article 5 of this Decree shall take the lead and coordinate with the financial authority at the same level and relevant agencies to destroy the assets according to laws.

Depending on the nature, characteristics of goods and items, and environmental sanitation requirements, destruction can be carried out in the following forms: Using chemicals; mechanical methods; burning; burying; other forms as prescribed by law.

Destruction of assets must be recorded in a Record. The main contents of the Record include: Basis for destruction; time and location of destruction; participants in destruction; name, type, quantity, condition of assets at the time of destruction; method of destruction and other related contents.

In cases where assets specified in Clause 4, Article 18 of this Decree are handled in another form, it shall be carried out according to the decision of the Minister of Finance.

6. For assets sold through public auction as specified in Clause 5, Article 18 of this Decree, the unit primarily responsible for managing and disposing of assets as specified in Clause 1, Article 5 of this Decree shall cooperate with relevant agencies to sell the assets according to Article 21 of this Decree.

7. For assets liquidated as specified in Clause 6, Article 18 of this Decree, the unit primarily responsible for managing and disposing of assets shall establish a Liquidation Board to carry out the liquidation process. The Liquidation Board shall be chaired by the leader of the unit primarily responsible for managing and disposing of assets; other members include representatives from the financial authority at the same level; representatives from the specialized department of the unit primarily responsible for managing and disposing of assets; representatives from related agencies and units.

The Liquidation Board shall be responsible for classifying evidence, means of administrative violations that need to be liquidated and implement one of the following methods:

a) Directly sell to organizations or individuals who have a need to purchase;

b) Demolish or cancel those evidence, means of administrative violations that cannot be used further and cannot be sold.

The organization of liquidation shall be carried out in accordance with laws on the management and use of state assets.

Article 21. Sale by Auction of Assets

1. The entity responsible for managing and disposing of assets as stipulated in Clause 1, Article 5 of this Decree shall enter into a sale by auction contract with a professional auction organization or establish an Auction Committee (in cases where a professional auction organization cannot be hired) in accordance with Clause 1, Article 12 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations and the laws on sale by auction of assets.

2. Determination of the starting price: The unit price and value of the objects and means to be transferred for sale by auction shall be determined according to Article 60 of the Law on Handling Administrative Violations as the starting price for the auction organization.

In the following cases, an Auction Committee must be established to determine the starting price:

a) When the objects and means of administrative violations have not been valued before being transferred for sale by auction;

b) When the date of the planned auction exceeds 60 days from the date the value of the objects of administrative violations was determined according to Article 60 of the Law on Handling Administrative Violations;

c) When the value of the objects determined according to Article 60 of the Law on Handling Administrative Violations differs (higher or lower) by 10% or more compared to the value of similar assets as announced by the Department of Finance at the time of transfer for sale by auction.

The principles of operation and financial regulations of the Auction Committee; the principles, methods, and procedures for determining the starting price shall be implemented in accordance with the guidelines of the Ministry of Finance.

3. The procedures and formalities for selling assets by auction shall be carried out in accordance with the laws on sale by auction of assets.

Section 2

MANAGEMENT AND DISPOSAL OF EVIDENCE ITEMS IN CASES,

ASSETS OF CONVICTED PERSONS BEING CONFISCATED

Article 22. Preservation of Evidence Items in Cases, Assets of Convicted Persons Being Confiscated

1. For evidence items and assets of convicted persons being confiscated that have enforcement decisions, within 10 days from the date of the enforcement decision, the civil enforcement agency must notify in writing and proceed to hand over the evidence items and temporarily detained assets to the entity responsible for managing and disposing of assets as stipulated in Clause 2, Article 5 of this Decree.

When transferring confiscated evidence items and assets, the enforcement decision, judgment, decision, or certified copy of the judgment or decision issued by the civil enforcement agency must be attached.

The transfer of evidence items and confiscated assets must involve the head of the civil enforcement agency or a person authorized by the head of the civil enforcement agency, accountant, warehouse keeper, and representative of the finance agency. The handover and receipt of evidence items and assets must be recorded in a detailed report describing the current condition of the evidence items and assets, signed by the representative and stamped by the transferring agency, and signed by the representative and stamped by the receiving agency (if applicable).

After the civil enforcement agency transfers the assets, the finance agency shall implement asset preservation in accordance with Article 17 of this Decree.

2. For evidence items confiscated by the investigation agency or the Prosecutor's Office, the entity responsible for managing and disposing of assets as stipulated in Clause 3, Article 5 of this Decree shall implement asset preservation in accordance with Article 17 of this Decree.

Article 23. Establishment and Approval of the Plan for Disposal of Evidence Assets and Assets of Convicted Persons Subject to Confiscation

1. Within ten days from the date of receiving the assets transferred from the enforcement agency (for assets with an enforcement decision) or from the date of issuing the confiscation decision (for assets confiscated by investigation agencies, the Office of the Inspectorate), the unit responsible for managing and disposing of the assets as stipulated in Clause 2 and Clause 3 of Article 5 of this Decree shall be responsible for establishing a plan for asset disposal to submit to the competent authority specified in Clause 3 of this Article for approval. The main contents of the asset disposal plan include: type, quantity, current condition of the assets, and the form of disposal for each type of asset.

2. Forms of asset disposal:

a) Transfer to specialized management agencies for management and disposal of assets that are weapons, explosives materials, auxiliary tools, technical equipment, special equipment, and other assets related to national defense and security; historical value objects, cultural value objects, national treasures, antiques, rare forest products, which cannot be used for commercial purposes, and other assets not permitted to circulate.

The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to publish a specific list of specialized management agencies as provided in this Clause;

b) Transfer to state agencies, public service units, people's armed forces units, political organizations, and political-social organizations for management and use of assets that are machinery, transportation means, equipment, and working tools, equipment serving professional work according to standards and quotas prescribed by authorized state agencies;

c) Deposit into the state budget for assets that are Vietnamese currency, foreign currency;

d) Destroy assets that are no longer usable or fall under the prohibited production, business, and circulation categories as prescribed by law, including: harmful cultural products, narcotics, counterfeit goods without usage value, items harmful to human health, animals, plants, and other assets required to be destroyed. In exceptional cases where alternative disposal methods are needed to ensure economy and effectiveness, the unit responsible for managing and disposing of the assets shall report to higher authorities (if applicable) to report to the Minister of Finance for consideration and decision on disposal;

đ) Sell in accordance with the provisions of law for assets not covered by Points a, b, c, and d of this Clause.

3. Authority to Approve the Plan for Asset Disposal:

a) The Prime Minister approves the plan for the disposal of assets that are objects of historical value, cultural value, antiques, and national treasures upon the proposal of the Minister of Finance, the Minister of Culture, Sports and Tourism, and the Chairman of the People's Committee of the province concerned, except where otherwise provided by law or ordinance;

b) The Minister of Finance approves the transfer plan for assets specified in Point a and Point b of Clause 2 of this Article to agencies, organizations, and units under central management or transfers between provinces and centrally-administered cities;

c) The Chairman of the People's Committee of the province approves or delegates the authority to approve the plan for asset disposal for cases not within the scope of Points a and b of this Clause.

Article 24. Handling assets as evidence in cases and assets of convicted persons subject to confiscation

1. For assets transferred to specialized management agencies for management and handling as provided in Point a Clause 2 Article 23 of this Decree, the unit responsible for managing and handling assets as stipulated in Clause 2, Clause 3 Article 5 of this Decree shall organize the transfer of assets to the specialized management agency.

The implementation of asset handover and acceptance shall be recorded in a Protocol according to the model prescribed by the Ministry of Finance.

After receiving the assets, the specialized management agency shall be responsible for managing and disposing of the received assets in accordance with relevant laws.

2. For assets transferred to organizations, units for management and use as provided in Point b Clause 2 Article 23 of this Decree, the unit responsible for managing and handling assets as stipulated in Clause 2, Clause 3 Article 5 of this Decree shall organize the transfer of assets to the receiving organization, unit.

The implementation of asset handover and acceptance shall be recorded in a Protocol according to the model prescribed by the Ministry of Finance.

Agencies, organizations, units receiving transferred assets shall be responsible for recording the increase in assets and managing and using the assets in accordance with laws on the management and use of state assets.

3. For assets that are Vietnamese currency, the State Treasury shall record and remit to the state budget in accordance with the laws on state budget. For assets that are foreign currencies, the unit responsible for managing and handling assets shall deposit them into the foreign currency account of the State Treasury at the bank; the State Bank shall be responsible for purchasing all such foreign currencies to remit to the state budget in Vietnamese dong as prescribed.

4. For assets as provided in Point d Clause 2 Article 23 of this Decree, the unit responsible for managing and handling assets as stipulated in Clause 2, Clause 3 Article 5 of this Decree shall coordinate with the financial authority at the same level and relevant authorities to destroy or handle according to other forms as prescribed in Clause 5 Article 20 of this Decree.

5. For assets sold as provided in Point đ Clause 2 Article 23 of this Decree, the unit responsible for managing and handling assets as stipulated in Clause 2, Clause 3 Article 5 of this Decree shall coordinate with relevant authorities to sell the assets in accordance with Article 25 of this Decree.

Article 25. Sale of assets as evidence in cases and assets of convicted persons subject to confiscation

1. The sale of assets as evidence in cases and assets of convicted persons subject to confiscation shall be conducted through public auction in accordance with the law, except for the cases specified in Clause 2 of this Article.

2. Cases of designated sales of assets:

a) Assets valued under 50 million Vietnamese dong per unit of asset;

a) Goods and items prone to damage (fresh live food, easily perishable, difficult to store, flammable and explosive goods, processed food with less than 30 days remaining shelf life, wild animals that have died but not required to be destroyed according to laws on protection and development of forests...); bulky goods with large weight transported by waterway or sea where unloading is costly and expensive;

c) Prohibited import materials and goods that must be re-exported and can only be handled by one economic entity authorized for re-exporting such materials and goods;

d) In cases where the deadline for registering to participate in the auction of assets has expired and only one organization or individual has registered to purchase the asset at a price no less than the starting price.

3. For assets sold through auction, the organization of the auction sale shall be carried out as follows:

a) The unit responsible for managing and handling assets as stipulated in Clause 2, Clause 3 Article 5 of this Decree shall enter into a contract for auction sale with a professional auction organization or establish an Auction Committee (in case of inability to hire a professional auction organization) to conduct the auction sale;

b) The determination of the starting price of the auctioned assets shall be carried out in accordance with the guidelines of the Ministry of Finance;

c) The procedures and formalities for the auction sale of assets shall be implemented in accordance with the laws on auction sale of assets.

4. For assets sold through designated sale, the determination of the selling price and the organization of the sale shall be carried out in accordance with the laws on management and use of state assets. The designated sale of assets must be recorded in a Protocol according to the guidelines of the Ministry of Finance.

Section 3

MANAGEMENT AND HANDLING OF OWNERLESS ASSETS, MISPLACED ASSETS, BURIED ASSETS, SUNK ASSETS, ORPHANED INHERITANCES, OVERSTOCKED GOODS

RIGHTS OF OWNERSHIP ESTABLISHED FOR THE STATE

RIGHTS OF OWNERSHIP ESTABLISHED FOR THE STATE

RIGHTS OF STATE OWNERSHIP ARE ESTABLISHED

Article 26. Custody of ownerless property, lost or abandoned property, heirless estates, and surplus goods

1. The entity responsible for managing and disposing of the property specified in Clause 4 and Clause 6, Article 5 of this Decree shall be responsible for preserving such property during the period awaiting disposal.

In cases where the entity responsible for managing and disposing of the property does not have storage facilities to preserve the property, it may be authorized or contracted with agencies or organizations that have adequate material conditions and warehouses to preserve the property. The authorization or contracting for preservation of the property must be established in a contract in accordance with the provisions of the law.

2. In cases where the ownerless property, lost or abandoned property, heirless estates, and surplus goods include the types of property specified in Clause 2, Article 17 of this Decree, the custody shall be carried out in accordance with the provisions of Clause 2 and Clause 3, Article 17 of this Decree.

Article 27. Establishment and Approval of Disposal Plans for Ownerless Property, Lost or Abandoned Property, Heirless Estates, and Surplus Goods

1. Within ten days from the date of receipt of the decision establishing the State's ownership over the property, the entity responsible for managing and disposing of the property specified in Clause 4, Article 5 of this Decree shall be responsible for establishing a disposal plan for the property to submit to the competent authority specified in Clause 3 of this Article for approval. The main contents of the disposal plan include: Types, quantities, current status of the property, and the form of disposal for each type of property.

2. The form of disposal of the property shall be implemented in accordance with the provisions of Clause 2, Article 23 of this Decree.

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

a) The Prime Minister shall approve the disposal plan for property that is historical-cultural relics, antiques, national treasures, upon the proposal of the Chairman of the People's Committee of the province where the property is located, the Minister of Finance, the Minister of Culture, Sports and Tourism, except in cases where other laws or ordinances provide otherwise;

b) The Minister of Finance shall approve the transfer plan for property to agencies, organizations, units under central management or between provinces and centrally-administered cities, except for property specified in Point a of this Clause;

c) The Chairman of the People's Committee of the province shall approve or delegate the authority to approve the disposal plan for cases not falling within the scope of Points a, b, and d of this Clause;

d) The Director of the General Department of Customs shall approve the disposal plan for property that is surplus goods.

Article 28. Organization of Disposal of Ownerless Property, Lost or Abandoned Property, Heirless Estates, and Surplus Goods

The disposal of ownerless property, lost or abandoned property, heirless estates, and surplus goods, which have been established as State-owned property according to the law, shall be carried out in accordance with the provisions of Articles 24 and 25 of this Decree.

Article 29. Granting Rewards to Organizations and Individuals Who Discover and Surrender Lost or Abandoned Property

1. Organizations and individuals who discover and surrender lost or abandoned property that are historical-cultural relics, national treasures, antiques, or property in the field of national defense and security shall be rewarded in accordance with the provisions of Clause 2 of this Article.

2. The amount of reward for organizations and individuals specified in Clause 1 of this Article shall be calculated using a graduated reduction method, specifically as follows:

a) For the value of the property up to VND 10 million, the percentage of the reward is 30%;

b) For the value of the property above VND 10 million to VND 100 million, the percentage of the reward is 15%;

c) For the value of the property above VND 100 million to VND 1 billion, the percentage of the reward is 7%;

d) For the value of the property above VND 1 billion to VND 10 billion, the percentage of the reward is 1%;

đ) For the value of the property above VND 10 billion, the percentage of the reward is 0.5%;

The value of the property for calculating the reward shall be determined after deducting the expenses as stipulated in Article 36 of this Decree.

3. The specific amount of the reward shall be decided by the Minister of Culture, Sports and Tourism (for property found to be historical-cultural relics, national treasures, antiques) or the Chairman of the People's Committee of the province (for other properties), with a maximum not exceeding VND 200 million for each reward package.

4. In cases where there are multiple organizations or individuals eligible for rewards and the lost or abandoned property has extraordinary value, the competent authorities specified in Clause 3 of this Article shall report to the Prime Minister for consideration and decision on the reward amount.

5. The Ministry of Finance shall guide the establishment of a Valuation Board to determine the value of lost or abandoned property as the basis for granting rewards in accordance with the provisions of this Article.

In cases where the value of the lost or abandoned property cannot be determined, the competent state authority specified in Clause 3 of this Article shall decide the specific amount of the reward, with a maximum not exceeding VND 200 million. Special cases shall be decided by the Prime Minister.

Article 30. Payment of the Value of Property to Organizations and Individuals Who Discover and Surrender Lost or Forgotten Property

1. Organizations and individuals who discover and surrender lost or forgotten property that is not historical and cultural relics, national treasures, antiques, and not within the defense and national security domain, with a value exceeding ten months of the minimum wage prescribed by the State at the time of surrendering the property, after deducting preservation costs, shall be entitled to receive the value equivalent to ten months of the minimum wage and fifty percent of the value exceeding ten months of the minimum wage prescribed by the State.

2. The competent authority specified in Clause 3, Article 27 of this Decree shall decide the amount to be received by organizations and individuals who discover and surrender lost or forgotten property.

3. Organizations and individuals who are awarded according to Article 29 of this Decree shall not be entitled to receive the value of the property as stipulated herein; organizations and individuals who are entitled to receive the value of the property as stipulated herein shall not be awarded according to Article 29 of this Decree.

Article 31. Exploration, Excavation, Salvage, Acceptance, Preservation, Handling of Buried or Sunken Assets and Payment of the Value of the Property to Organizations and Individuals Who Accidentally Find Such Assets

The organization's exploration, excavation, salvage, acceptance, preservation, handling of buried or sunken assets and payment of the value of the property to organizations and individuals who accidentally find such assets shall be carried out in accordance with the provisions of Government Decree No. 96/2009/NĐ-CP dated October 30, 2009 on the handling of buried or sunken assets discovered or found on mainland, islands, and waters of Vietnam (hereinafter referred to as Decree No. 96/2009/NĐ-CP) and Government Decree No. 128/2013/NĐ-CP dated October 15, 2013 on the handling of sunken assets on inland waterways, port waters, and waters of Vietnam (hereinafter referred to as Decree No. 128/2013/NĐ-CP).

Section 4

MANAGEMENT AND HANDLING OF ASSETS TRANSFERRED TO THE STATE BY ORGANIZATIONS AND INDIVIDUALS VOLUNTARILY

Article 32. Acceptance and Preservation of Assets

1. The unit responsible for managing and handling assets as specified in Clause 7, Clause 8, Article 5 of this Decree shall be responsible for accepting and preserving the assets during the waiting period for handling.

In cases where the unit responsible for managing and handling assets does not have storage facilities to preserve the assets, it may be authorized or hire agencies or organizations with adequate material conditions and warehouses to preserve the assets. Authorization and hiring for asset preservation must be established in a contract in accordance with the law.

2. For assets transferred from foreign sources but have not yet fulfilled tax obligations to the State, the unit responsible for managing and handling assets must complete the transfer procedures and pay taxes in accordance with the law before submitting to the competent authority to establish the State's ownership over the assets and approve the asset disposal plan.

In cases where the unit responsible for managing and handling assets cannot allocate funds to temporarily pay taxes, the unit responsible for managing and handling assets shall report to the competent state agency to approve the asset disposal plan to decide on paying taxes after selling, liquidating the assets or transferring to the agency, organization, or unit receiving the assets to handle tax payment procedures in accordance with the law.

Article 33. Handling of Assets When Transfer to Specific Managing and Using Agencies, Organizations, Units has been Determined

1. Establishing Asset Disposal Plans:

Based on standards, quotas, and management and usage regulations for state assets, the agency, organization, or unit receiving the assets shall establish an asset disposal plan together with the application for establishing the State's ownership over the assets, report to the superior managing agency (if applicable) for review and decision by the competent authority specified in Clause 2 of this Article according to the following forms:

a) In cases where transferred assets are suitable for the recipient's object, conditions, standards, quotas, and regulations stipulated by law, they shall be handed over to the agency, organization, or unit receiving them for management and use;

b) In cases where transferred assets are not suitable for the recipient's object, conditions, standards, quotas, and regulations stipulated by law, the representative of the agency, organization, or unit must refuse; if refusal is not possible, the assets shall be disposed of through sale according to the provisions of Clause 4 of this Article.

2. Competent Authority for Deciding on Disposal Plans: The competent authority deciding on establishing the State's ownership over assets as stipulated in Clause 4 of Article 8 of this Decree has the authority to approve asset disposal plans.

3. For assets transferred for management and use by agencies, organizations, or units, the receiving agency, organization, or unit is responsible for recording the increase in assets, implementing management and use of assets in accordance with laws on the management and use of state assets.

4. For assets sold: Implement according to the provisions of Article 25 of this Decree.

Article 34. Handling of Assets When Transfer to Specific Managing and Using Agencies, Organizations, Units has not been Determined

1. The main managing and disposing agency of assets as stipulated in Clause 8 of Article 5 of this Decree shall establish an asset disposal plan together with the application for establishing the State's ownership over the assets, report to the superior managing agency (if applicable) for review and decision by the competent authority specified in Clause 2 of this Article according to the following forms:

a) Transfer to state agencies, public service units, people's armed forces units, political organizations, and political-social organizations that have a need to use assets but are still lacking assets compared to the usage standards and quotas set by authorized state agencies;

b) Liquidate assets that have exceeded their usage period under the regulations and cannot continue to be used; damaged assets that cannot be used or repairs would not be effective;

c) Sell assets that do not fall within the scope of Points a and b of this Clause.

2. The competent authority deciding on establishing the State's ownership over assets as stipulated in Clause 4 of Article 8 of this Decree has the authority to approve asset disposal plans.

Specifically, for assets donated to Party, State, Government, and National Assembly leaders by organizations and individuals, the approval of the disposal plan shall be carried out after receiving instructions from Party, State, Government, and National Assembly leaders.

3. For assets transferred for management and use by agencies, organizations, or units, the main managing and disposing agency of assets as stipulated in Clause 8 of Article 5 of this Decree shall organize the transfer of assets to the receiving agency, organization, or unit. The handover and receipt of assets shall be recorded in a Protocol according to the model prescribed by the Ministry of Finance.

Agencies, organizations, units receiving transferred assets shall be responsible for recording the increase in assets and managing and using the assets in accordance with laws on the management and use of state assets.

4. For liquidated assets: Implement according to the provisions of Clause 7 of Article 20 of this Decree.

5. For sold assets: Implement according to the provisions of Article 25 of this Decree.

Article 35. Handling of assets of foreign-invested enterprises transferred to the State of Vietnam according to commitments

1. The unit responsible for managing and handling assets as stipulated in Clause 9, Article 5 of this Decree shall prepare a plan for handling assets in accordance with laws on investment, land, management and use of state assets, and submit it to the competent authority as stipulated in Clause 2 of this Article for examination and decision.

2. The competent authority deciding to establish the ownership rights of the State over assets as stipulated in Clause 5, Article 8 of this Decree has the authority to approve the asset disposal plan.

3. The Ministry of Finance shall provide detailed guidance on the handling of assets as stipulated in this Article.

Chapter IV

FINANCIAL MANAGEMENT IN THE MANAGEMENT AND DISPOSAL OF ASSETS ESTABLISHED WITH STATE OWNERSHIP RIGHTS

Article 36. Expenses

1. Expenses related to establishing the State's ownership rights over assets, managing and disposing of assets that have been established as State-owned include:

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

b) Costs of transferring, receiving, loading, transporting, and storing assets from the time of the decision approving the disposal plan by the competent authority until the completion of the disposal process;

c) Costs incurred during the process of selling assets: initial valuation costs; costs for hiring appraisals, repairs for sale if the asset needs repair before being sold; costs to rectify losses to assets due to objective reasons; fees paid to professional auction organizations for auctions, and costs for auctions conducted by the Auction Council (in cases of auctions through the Asset Auction Council);

d) Import duties, VAT, special consumption taxes (if applicable) for goods temporarily imported for re-export but now allowed for formal importation by the competent state authority;

d) Fees and charges (if any);

e) Costs for caring for and rescuing wild animals prior to their disposal as decided by the competent authority;

g) Costs for destroying assets;

h) Other related expenses.

Expenses related to investigating, excavating, salvaging, and disposing of buried or sunken assets shall be carried out in accordance with Decree No. 96/2009/NĐ-CP and Decree No. 128/2013/NĐ-CP.

2. For expenses that have standards, norms, and regulations set by the competent authority, they shall be implemented according to these provisions. For expenses without established standards, norms, and regulations, the head of the unit responsible for managing and disposing of assets shall decide based on actual occurrences and the financial capacity for asset disposal, and bear responsibility for their decisions.

3. Payment of expenses as stipulated in this Article shall be made based on actual expenditures or allocated funds according to the guidelines of the Ministry of Finance.

4. The Ministry of Finance shall provide detailed guidance on the provisions of this Article.

Article 37. Sources of Funding

1. For assets disposed of through sale, the source of funding for payment shall be from the proceeds of the sale deposited into a temporary account opened at the State Treasury by the relevant state agency (Ministry of Finance, Department of Finance, Financial Planning Office). If the proceeds from the sale are insufficient to cover the expenses and there is a surplus in the temporary account specifically monitored for the agency or unit handling the assets, the surplus may be used to support the payment of expenses; if insufficient, assistance from the state budget shall be requested according to current regulations.

2. For assets disposed of through other methods (transfer, destruction), the sources of funding for the contents specified in Article 36 of this Decree shall be arranged as follows:

a) The state budget shall allocate within the annual regular expenditure budget of the unit assigned to manage and dispose of assets to ensure sufficient funding for asset disposal;

b) For assets transferred to specialized management agencies for management and disposal or transferred to agencies, organizations, and units for management and use, expenses incurred before the decision approving the asset disposal plan by the competent authority is issued shall be implemented according to Point a of this Clause; expenses incurred from the decision approving the asset disposal plan by the competent authority until completion of the handover shall be paid by the receiving agency, organization, or unit;

3. The source of funding for rewards and payments for the value of assets given to organizations and individuals who discover and turn in lost or abandoned assets as stipulated in Articles 29 and 30 of this Decree shall be implemented according to Clauses 1 and 2 of this Article.

Article 38. Management of funds obtained from the disposal of assets

The entire amount of funds obtained from the disposal of assets, after deducting expenses as prescribed in Article 36 of this Decree, shall be deposited into the State budget in accordance with the laws on the State budget.

Assets disposed of by central agencies or units shall have the proceeds from their disposal deposited into the central budget; assets disposed of by local agencies or units shall have the proceeds from their disposal deposited into the local budget.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Decree takes effect from June 1, 2014.

2. From the date this Decree takes effect, the following provisions shall cease to be enforced:

a) Article 20, Article 21, and Article 22 of Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on the management of state assets;

b) Decree No. 137/2006/NĐ-CP dated November 14, 2006 of the Government stipulating the delegation of state management authority over state assets at administrative agencies, public service units, and assets established with state ownership rights;

c) Clause 2, Paragraph 1 of Article 13 of Decision No. 64/2007/QĐ-TTg dated May 10, 2007 of the Prime Minister promulgating the Regulations on gift-giving, gift-receiving, and returning gifts by state agencies and civil servants, officials, and employees;

d) Article 19 and paragraph 2 of Clause 1 of Article 25 of Decree No. 17/2010/NĐ-CP dated March 4, 2010 of the Government on the auction of assets.

Article 40. Guidance for Implementation

1. The Ministry of Finance shall be responsible for:

a) Guidance for the implementation of Articles and Clauses assigned to the Ministry of Finance to provide guidance under this Decree;

b) Issuance of forms and templates for the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government, and Heads of related agencies are responsible for implementing this Decree./.