Decree No. 29/2018/NĐ-CP stipulates the procedures and formalities for establishing the ownership of all people's property over assets and handling assets that have been established as the ownership of all people.

DECREE

Regulations on the procedures for establishing the right of full ownership over assets and handling assets that have been established as fully owned

 Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

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

At the proposal of the Minister of Finance;

The Government promulgates this Decree stipulating the procedures for establishing the right of full ownership over assets and handling assets that have been established as fully owned. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on:

a) The authority to decide, procedures for establishing the right of full ownership over assets as prescribed in Clauses 2, 3, 4, and 5 of Article 106 of the Law on Management and Use of State Assets;

b) Handling assets that have been established as fully owned.

2. Assets buried, hidden, covered up, or sunken outside the territorial waters under the sovereignty and jurisdiction of states, if discovered or found by organizations or individuals from Vietnam, shall be governed by the provisions of international treaties on handling buried, hidden, covered up, or sunken assets to which Vietnam is a party; where such international treaties do not provide for the handling of buried, hidden, covered up, or sunken assets, the provisions of this Decree shall apply.

3. This Decree does not regulate the management and handling of the following assets:

a) Real estate assets managed and allocated for use by the State before July 1, 1991, within the scope regulated by Resolution No. 23/2003/QH11 dated November 26, 2003 of the 11th National Assembly and Resolution No. 755/2005/QH11 dated April 2, 2005 of the Standing Committee of the 11th National Assembly;

b) Sunken assets on inland waterways, port waters, and Vietnam's territorial waters within the scope regulated by Decree No. 05/2017/NĐ-CP dated January 16, 2017 of the Government;

c) Abandoned aircraft assets within the scope regulated by Decree No. 02/2012/NĐ-CP dated January 11, 2012 of the Government.

Article 2. Applicability

1. Authorities with the power to decide on establishing the right of full ownership over assets.

2. Agencies, organizations, units entrusted with the task of managing and handling assets that have been established as fully owned.

3. Other related organizations and individuals.

Article 3. Assets subject to establishment of the right of full ownership

1. Assets confiscated according to the law include:

a) Contraband items and means of transportation confiscated due to administrative violations;

b) Evidence in criminal cases and other assets confiscated according to the Criminal Law and the Criminal Procedure Law.

2. Ownerless assets, assets whose owners cannot be identified, lost or abandoned assets, buried, hidden, covered up, or sunken assets found, and assets without heirs belong to the State according to the Civil Code; surplus goods within customs territory according to the Customs Law, including:

a) Ownerless real estate or real estate whose owner cannot be identified (hereinafter referred to as ownerless real estate);

b) Lost or abandoned assets whose owner cannot be identified or whose owner has not come to claim them (hereinafter referred to as lost or abandoned assets);

c) Buried, hidden, covered up, or sunken assets found on mainland, islands, and territorial waters of the Socialist Republic of Vietnam with sovereignty, sovereign rights, and jurisdiction at the time of discovery or finding, and whose owner cannot be identified according to the law (hereinafter referred to as buried, hidden, covered up, or sunken assets);

d) Inheritances without heirs according to wills, laws, or where there are heirs but they are not entitled to inherit, refuse to accept inheritance, or the statute of limitations for requesting division of inheritance has expired since the opening of the inheritance and there is no person holding the inheritance according to civil law (hereinafter referred to as inheritances without heirs);

đ) Surplus goods stored in port areas, warehouses, or storage sites within customs territory according to the Customs Law (hereinafter referred to as surplus goods).

3. Assets of social funds and charitable funds dissolved but not transferred to another fund with the same purpose of operation or dissolved due to activities prohibited by law or contrary to social morals belong to the State according to the Civil Code (hereinafter referred to as assets of dissolved funds).

4. Assets donated, gifted, contributed, or sponsored by domestic and foreign organizations and individuals but not recorded in the state budget and other forms of transferring ownership to the State of Vietnam (hereinafter referred to as assets voluntarily transferred by owners to the State).

5. Assets transferred无偿移交给越南国家的外商投资企业的资产。

6. Assets invested in public-private partnership projects transferred to the State of Vietnam according to project contracts.

Article 4. Principles for establishing the ownership of all people over assets and managing, disposing of assets with established ownership of all people

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

2. State management of assets with established ownership of all people shall be carried out uniformly, with clear division of authority and responsibility among each agency.

3. Determining the value and disposal of assets with established ownership of all people shall be conducted through market mechanisms.

4. The establishment of the ownership of all people over assets and the disposal of assets with established ownership of all people shall be carried out openly and transparently; any violations must be promptly and strictly dealt with according to the provisions of the law.

Article 5. Units responsible for managing assets with established ownership of all people

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

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

a) The agency proposing the competent authority to issue the confiscation decision is the unit responsible for managing the asset in cases where the Chairman of the People's Committee of the province, centrally-run city (hereinafter referred to as provincial level) or the Chairman of the People's Committee of the district, town, township, centrally-run city under a province (hereinafter referred to as district level) issues the confiscation decision;

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

2. For evidence in criminal cases, assets of persons sentenced to confiscation according to the laws on criminal matters and criminal procedure and have been decided by the competent authority, the Department of Finance is the unit responsible for managing the assets transferred by the enforcement agencies at the provincial level and military region, 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 the assets transferred by the enforcement agencies at the district level.

3. For evidence in criminal cases confiscated by the investigation agency, prosecution agency, the agency issuing the confiscation decision is the unit responsible for managing the asset.

4. For unclaimed real estate, lost or abandoned property, intestate estates, the Department of Finance is the unit responsible for managing real estate and historical-cultural relics, while the Planning and Finance Office is the unit responsible for managing 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 the asset.

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

6. For assets of dissolved funds:

a) The Department of Finance is the unit responsible for managing the asset for social fund assets and charitable fund assets dissolved by the Chairman of the People's Committee at the provincial level or the Chairman of the People's Committee at the district level authorized to decide dissolution;

b) The agency proposing the Minister of Home Affairs to issue the dissolution decision is the unit responsible for managing the asset for social fund assets and charitable fund assets dissolved by the Minister of Home Affairs.

7. For surplus goods within the customs territory, the Customs Bureau is the unit responsible for managing the asset.

8. For assets voluntarily transferred by organizations and individuals to the Government of Vietnam with a specific agency, organization, or unit designated to receive, manage, and use the asset at the time of transfer, the agency, organization, or unit receiving, managing, and using the asset is the unit responsible for managing the asset.

9. For assets voluntarily transferred by organizations and individuals to the Government of Vietnam without a specific agency, organization, or unit designated to receive, manage, and use the asset at the time of transfer, the competent state agency shall assign the responsibility for managing the asset as follows:

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

b) For special assets, dedicated assets in the defense sector, the Ministry of Defense or units delegated by the Ministry of Defense are the units responsible for managing the asset;

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

d) For assets not falling within the scope defined in points a, b, and c of this clause transferred to the Government, the Ministry of Finance, or units delegated by the Ministry of Finance are the units responsible for managing the asset;

đ) For assets not falling within the scope defined in points a, b, and c of this clause transferred to local authorities, the Department of Finance is the unit responsible for managing the asset.

10. For assets transferred by foreign-invested enterprises to the Government of Vietnam without compensation upon termination of operations, the Department of Finance is the unit responsible for managing the asset.

11. For assets invested in public-private partnership projects and transferred to the Government of Vietnam according to the project contract, the agency signing the public-private partnership contract is the unit responsible for managing the asset.

Article 6. Responsibilities of the main managing unit for state-owned assets

1. Coordinate with relevant agencies to organize the preservation of assets from receipt until completion of disposal according to the approved plan, except where otherwise provided by law.

2. Prepare and submit to competent authorities for issuance of decisions establishing full ownership rights over assets, except for cases specified in Clause 1, Article 106 of the Law on Management and Use of State Assets.

3. Draft or report to the agency specified in Clause 1, Article 18 of this Decree to prepare the asset disposal plan, and submit it to competent authorities for approval.

4. Take the lead and coordinate with relevant agencies to implement the approved asset disposal plan.

5. Pay related expenses, including the value of assets belonging to organizations or individuals (if any), as prescribed by law.

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

Chapter II

AUTHORITY, PROCEDURE, AND PROCEDURES FOR ESTABLISHING FULL OWNERSHIP RIGHTS OVER ASSETS

Article 7. Authority to establish full ownership rights over assets

1. The Minister of Finance decides to establish full ownership rights over assets for:

a) Assets transferred by organizations or individuals to the State of Vietnam without specifying the receiving agency, organization, or unit; except for assets specified in Clauses 2 and 3 of this Article;

b) Immovable property, motor vehicles, and other assets (excluding immovable property and motor vehicles) valued at 500 million VND or more per unit transferred to central agencies, organizations, or units upon proposal of central ministries or agencies; except for assets specified in Clauses 2 and 3 of this Article.

2. The Minister of National Defense decides or delegates authority to decide to establish full ownership rights over special assets and specialized assets in the defense sector transferred by organizations or individuals to the State of Vietnam.

3. The Minister of Public Security decides or delegates authority to decide to establish full ownership rights over special assets and specialized assets in the security sector transferred by organizations or individuals to the State of Vietnam.

4. The Minister of Home Affairs decides or delegates authority to decide to establish full ownership rights over social fund assets and charitable fund assets decided to be dissolved by the Minister of Home Affairs.

5. The Minister or head of a central agency decides or delegates authority to decide to establish full ownership rights over assets for:

a) Assets transferred by organizations or individuals to the State of Vietnam transferred to agencies, organizations, or units under the management of a ministry or central agency not covered by Clauses 1, 2, and 3 of this Article;

b) Assets transferred to the State of Vietnam under public-private partnership project contracts when the signing agency is centrally managed, after obtaining the agreement of the Ministry of Finance.

6. The Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council to delegate authority decides to establish full ownership rights over assets for:

a) Buried, hidden, buried, sunken assets; ownerless immovable property; immovable property without heirs; lost or forgotten cultural-historical relics; assets involved in cases specified in this clause include both immovable property or cultural-historical relics and movable property;

b) Assets transferred by organizations or individuals to the State of Vietnam transferred to local agencies, organizations, or units, except for assets specified in Clauses 2 and 3 of this Article;

c) Assets transferred无偿转让给越南国家的外商投资企业的资产，在经营期限届满后；

d) 社会基金资产、慈善基金资产，由省人民委员会主席决定解散或由县人民委员会主席受委托决定解散；

đ) 根据公共-私营伙伴关系项目合同转让给越南国家的资产，当签订项目合同的机构属于地方管理时；

7. The Chairman of the District People's Committee decides to establish full ownership rights over lost or forgotten assets, heirless legacies not within the scope specified in point a, Clause 6 of this Article.

8. The Director of the Customs Department decides to establish full ownership rights over surplus goods within the customs area.

Article 8. Procedures for Establishing State Ownership over Unclaimed Real Estate

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

The documents sent to the Finance and Planning Office include:

a) A report on the process of determining the owner of the real estate since its discovery: one original copy;

b) A list of location, area, and current status of the real estate: one original copy;

c) Any related documents and files concerning the process of determining the owner of the real estate (if available): one copy.

2. Within seven working days from the date of receiving all documents specified in Clause 1 of this Article, the Finance and Planning Office shall be responsible for preparing a Memorandum along with the documents specified in Clause 1 of this Article, to submit to the People's Committee at the district level to forward to the Department of Finance to request the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing state ownership over the property.

Within seven working days from the date of receiving all documents sent by the People's Committee at the district level, the Department of Finance shall be responsible for requesting the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing state ownership over the property.

3. Within seven working days from the date of receiving all documents from the Department of Finance, the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council shall issue a Decision to establish state ownership over the property according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 9. Procedures for Establishing State Ownership over Lost or Abandoned Property

1. Within seven working days from the date of completing the procedures to determine ownership of the property according to civil law regulations, the agency that received information about lost or abandoned property (the People's Committee at the commune level or the local police) shall be responsible for preparing one set of documents to send to the Finance and Planning Office for lost or abandoned property belonging to the State.

The documents sent to the Finance and Planning Office include:

a) A report on the process of determining the owner of the property since its discovery; basis for determining the property belongs to the State: one original copy;

b) A list of type, quantity, volume, value, and current status of the property: one original copy;

c) A receipt for handing over the property by the finder or the person who discovered the lost or abandoned property: one copy;

d) Any related documents and files concerning the handling of the property (if available): one copy.

2. For lost or abandoned property within the authority of the Chairman of the People's Committee at the district level to decide on establishing state ownership over the property as stipulated in Clause 7, Article 7 of this Decree, within seven working days from the date of receiving all documents specified in Clause 1 of this Article, the Finance and Planning Office shall be responsible for preparing a Memorandum along with the documents 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 over the property.

3. For lost or abandoned property within the authority of the Chairman of the People's Committee at the provincial level to decide on establishing state ownership over the property as stipulated in Point a, Clause 6, Article 7 of this Decree, within seven working days from the date of receiving all documents specified in Clause 1 of this Article, the Finance and Planning Office shall be responsible for preparing a Memorandum along with the documents specified in Clause 1 of this Article, to send to the People's Committee at the district level to forward to the Department of Finance to request the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing state ownership over the property.

Within seven working days from the date of receiving all documents sent by the People's Committee at the district level, the Department of Finance shall request the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing state ownership over the property.

4. Within seven working days from the date of receiving all documents specified in Clauses 2 and 3 of this Article, the Chairman of the People's Committee at the district level, the Chairman of the People's Committee at the provincial level, or the person authorized by the Provincial People's Council shall issue a Decision to establish state ownership over the property according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 10. Procedures for establishing the ownership of all people over buried, hidden, covered, or sunken property

1. Within seven working days from the date of completing the procedures to determine the owner according to civil laws and related laws without identifying any owner of the buried, hidden, covered, or sunken property, the Department of Finance shall be responsible for preparing one set of files to submit to the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing the ownership of all people.

The application file for establishing the ownership of all people over property includes:

a) A report on the process of determining the owner of the buried, hidden, covered, or sunken property since its discovery: one original copy;

b) A list detailing the types, quantities, volumes, and current status of the property: one original copy;

c) Related files and documents concerning the process of determining the owner of the property (if any): one copy.

2. Within seven working days from the date of receiving the complete files as stipulated in Clause 1 of this Article, the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council shall issue a Decision to establish the ownership of all people over the property according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 11. Procedures for establishing the ownership of all people over unclaimed inheritance

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 laws, or from the expiration date of the claim period for dividing the inheritance without anyone holding it according to civil laws, the organization practicing notarization or the People's Committee at the commune level where the inheritance is opened shall be responsible for preparing one set of files to send to the Department of Finance and Planning.

The documents sent to the Finance and Planning Office include:

a) A report on the process of opening the inheritance: one original copy;

b) A list detailing the types, quantities, volumes, and current status of the inheritance: one original copy;

c) Related files and documents concerning 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): one copy.

2. For unclaimed inheritance within the authority of the Chairman of the People's Committee at the district level to establish the ownership of all people over the property as stipulated in Clause 7, Article 7 of this Decree, within seven working days from the date of receiving the complete files as stipulated in Clause 1 of this Article, the Department of Finance and Planning shall be responsible for preparing a Petition along with the files as stipulated in Clause 1 of this Article to submit to the Chairman of the People's Committee at the district level to decide on establishing the ownership of all people over the property.

3. For unclaimed inheritance within the authority of the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to establish the ownership of all people over the property as stipulated in Point a, Clause 6, Article 7 of this Decree, within seven working days from the date of receiving the complete files as stipulated in Clause 1 of this Article, the Department of Finance and Planning shall be responsible for preparing a Petition along with the files as stipulated in Clause 1 of this Article, to send to the People's Committee at the district level to send to the Department of Finance to submit to the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing the ownership of all people over the property.

Within seven working days from the date of receiving all documents sent by the People's Committee at the district level, the Department of Finance shall request the Chairman of the People's Committee at the provincial level or the person authorized by the Provincial People's Council to decide on establishing state ownership over the property.

4. Within seven working days from the date of receiving the complete files as stipulated in Clauses 2 and 3 of this Article, the Chairman of the People's Committee at the district level, the Chairman of the People's Committee at the provincial level shall issue a Decision to establish the ownership of all people over the property according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 12. Procedures for establishing the ownership of the entire people over surplus goods

1. Within seven working days from the date of completing the procedures to determine the owner according to the laws on customs and no person comes to claim, the Customs Office where the surplus goods are located shall be responsible for preparing one set of files to submit to the Director of the directly managing General Department of Customs for deciding to establish the ownership of the entire people.

The application file for establishing the ownership of all people over property includes:

a) A proposal for establishing the ownership of the entire people over the assets: one original copy;

b) A list detailing the types, quantities, volumes, and current status of the property: one original copy;

c) Relevant files and documents related to the process of notifying about the assets and other relevant files and documents (if any): one copy;

d) Notification of abandonment of goods or proof thereof (if any): one copy.

2. Within seven working days from the date of receiving all the files stipulated in Clause 1 of this Article, the Director of the General Department of Customs shall issue a Decision to establish the ownership of the entire people over the assets according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 13. Procedures for establishing the ownership of the entire people over assets of dissolved funds

1. Within thirty days from the date of the decision to dissolve the Fund by the competent state agency, the unit responsible for managing the assets as stipulated in Clause 6 of Article 5 of this Decree shall prepare one set of files to submit to the competent authority as stipulated in Clause 4 and Point d of Clause 6 of Article 7 of this Decree for deciding to establish the ownership of the entire people over the assets of the dissolved Fund. The file includes:

a) A proposal for establishing the ownership of the entire people over the assets: one original copy;

b) An inventory of types, quantities (volume), value, and condition of the assets: one original copy;

c) The decision to dissolve the Fund by the competent state agency: one copy;

d) Other documents proving asset rights (if any): one copy.

2. Within seven working days from the date of receiving all the files stipulated in Clause 1 of this Article, the agency or person with competence as stipulated in Clause 4 of Article 7 and Point d of Clause 6 of Article 7 of this Decree shall issue a Decision to establish the ownership of the entire people over the assets according to Model No. 01-QĐXL attached as an Appendix to this Decree.

Article 14. Procedures for establishing the ownership of the entire people over assets transferred voluntarily by organizations and individuals to the State

1. For assets transferred by organizations and individuals to the State of Vietnam as stipulated in Point a of Clause 1 of Article 7 of this Decree, when organizations and individuals propose to transfer ownership of the assets, the unit responsible for managing the assets as stipulated in Clause 9 of Article 5 of this Decree shall base on current laws and specialized laws related to the assets to determine the suitability of accepting the transferred assets and shall bear responsibility for such determination.

2. For assets transferred by organizations and individuals to the State of Vietnam where the transferring has specifically determined the management and usage agencies, units, when organizations and individuals propose to transfer ownership of the assets, the unit responsible for managing the assets as stipulated in Clause 8 of Article 5 of this Decree shall base on current laws and specialized laws related to the assets to determine the suitability of accepting the transferred assets and shall bear responsibility for such determination.

3. In case it is determined that accepting the transferred assets is in accordance with the provisions of the law, within seven working days from the date of accepting the assets, the unit responsible for managing the assets shall be responsible for preparing the file and sending it to the superior management agency (if any) to submit to the agency or person with competence as stipulated in Clauses 1, 2, 3, 5, and 6 of Article 7 of this Decree for deciding to establish the ownership of the entire people over the assets.

The file proposing to establish the ownership of the entire people over the assets includes:

a) A proposal for establishing the ownership of the entire people over the assets including the asset disposal plan as stipulated in Point c of Clause 2 of Article 18 of this Decree: one original copy;

b) A list of type, quantity, volume, value, and current status of the property: one original copy;

c) The gift contract for the assets in cases of transferring under the form of donation and according to the law must be established in the form of a contract: one copy;

d) Relevant files and documents proving the ownership and usage rights of the transferred assets and the form of transfer (if any): one copy.

4. Within seven working days from the date of receiving all the files stipulated in Clause 3 of this Article, the agency or person with competence as stipulated in Clauses 1, 2, 3, 5, and 6 of Article 7 of this Decree shall issue a Decision to establish the ownership of the entire people over the assets according to Model No. 01-QĐXL attached as an Appendix to this Decree.

5. In case it is determined that the transfer of assets does not comply with the provisions of the law, the agency or unit proposed to accept the transfer must refuse to accept; if refusal is not possible, it shall be handled according to the provisions of Clauses 3 and 4 of this Article.

Article 15. Procedures for establishing the ownership of all people over assets transferred无偿移交给越南国家的外商投资企业的财产，在其经营期限结束后根据承诺进行处理的程序

1. At least 30 days before the end date of the business operation period specified in the Investment Registration Certificate, Investment License, or Investment Certificate, the investment registration agency shall notify the Department of Finance where the foreign-invested enterprise is headquartered about cases where the foreign-invested enterprise transfers assets to the Vietnamese State without compensation according to the commitment upon the expiration of the business operation period.

2. Within five working days from the date of receiving the notification from the investment registration agency, the Department of Finance shall be responsible for proposing the Chairman of the Provincial People's Committee to establish an Asset Inventory and Classification Board. The Board shall consist of the leadership of the Department of Finance as chairman, representatives from the Department of Planning and Investment, the Department of Natural Resources and Environment, the Department of Construction, and other relevant agencies.

The Asset Inventory and Classification 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 types, quantities, volumes, values, and current 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 one set of documents to request the establishment of the ownership of all people over the assets transferred by foreign-invested enterprises without compensation according to the commitment.

The file proposing to establish the ownership of the entire people over the assets includes:

a) A proposal for establishing the ownership of the entire people over the assets: one original copy;

b) A list of type, quantity, volume, value, and current status of the property: one original copy;

c) A document reflecting the commitment to transfer assets to the Vietnamese State without compensation upon the termination of the business operations of foreign-invested enterprises: one copy;

d) Any related documents and materials concerning the assets (if any): one copy.

4. Within five working days from the date of receiving the complete set of documents stipulated in Clause 3 of this Article and after the expiration of the business operation period as prescribed, the Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council shall issue a Decision to establish the ownership of all people over the assets according to Model No. 01-QĐXL attached to this Decree.

Article 16. Procedures for establishing the ownership of all people over assets transferred to the Vietnamese State under a project contract in the form of public-private partnership

1. At least one year before the transfer date or within the agreed term in the Project Contract, the project enterprise must publicly announce the asset transfer, procedures, and deadlines for contract termination and payment of debts.

2. The project enterprise must ensure that the assets transferred have not been used as collateral for financial obligations or other obligations of the project enterprise prior to the transfer date, except as otherwise provided in the Project Contract.

3. The state agency signing the project contract shall take the lead and coordinate with specialized state management agencies for assets, financial agencies, and other relevant agencies (if necessary) to carry out:

a) Organizing quality, value, and condition appraisals of the assets according to the agreement in the Project Contract;

b) Prepare a list of assets to be transferred;

c) Preparing a record of asset damages (if any) to require the project enterprise to repair and maintain the assets;

d) Accepting and signing a receipt for the asset transfer;

The transfer and acceptance of assets must be carried out strictly in accordance with the deadlines specified in the Project Contract.

4. Within seven working days from the date of signing the receipt for the asset transfer, the state agency signing the project contract shall be responsible for preparing one set of documents to submit to the competent authority specified in point b, Clause 5 and point d, Clause 6 of Article 7 of this Decree for consideration and decision-making to establish the ownership of all people over the assets. The documents include:

a) A proposal for establishing the ownership of the entire people over the assets: one original copy;

b) An inventory of types, quantities (volume), value, and condition of the assets: one original copy;

c) Receipt for asset transfer: one original;

d) Other documents proving asset rights (if any): one copy.

5. Within seven working days from the date of receiving the complete set of documents stipulated in Clause 4 of this Article, the agency or person with the authority specified in point b, Clause 5 and point d, Clause 6 of Article 7 of this Decree shall issue a decision to establish the ownership of all people over the assets according to Model No. 01-QĐXL attached to this Decree.

6. All costs for organizing quality, value, and condition appraisals of the assets and other related costs (if any) for implementing the transfer and acceptance of assets shall be allocated in the regular budget expenditure plan of the agency signing the project contract. The level of expenditure shall be implemented according to Clause 1 and Clause 2 of Article 30 of this Decree.

Chapter III

HANDLING OF ASSETS WITH ESTABLISHED OWNERSHIP OF ALL PEOPLE AND EXPLORATION, EXTRACTION, AND RECOVERY OF BURIED, HID, COVERED, OR SUNKEN ASSETS

Section 1

HANDLING OF ASSETS WITH ESTABLISHED OWNERSHIP OF ALL PEOPLE

Article 17. Preservation of Assets Established with Full Public Ownership

1. Assets subject to confiscation decisions or decisions establishing full public ownership by competent authorities must be strictly preserved to ensure their availability for processing in accordance with the law.

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

a) National treasures, antiques, and other items of historical and cultural value;

b) Weapons, explosives, auxiliary tools, technical equipment, special-purpose means, and other assets related to national defense and security;

c) Vietnamese currency, foreign currency, negotiable instruments, gold, silver, precious stones, and precious metals;

d) Radioactive materials;

đ) Parts (specimens) of rare wild animals belonging to Group IB;

e) Rare forest products that may not be used for commercial purposes, except for the assets specified in point đ of this clause.

The Ministry of Finance shall take the lead and coordinate with relevant ministries and agencies to publish a specific list of specialized agencies responsible for receiving and preserving the assets as stipulated in this clause.

3. Responsibilities for preserving assets are as follows:

a) The agency issuing the confiscation decision according to the law or the agency submitting the confiscation decision to the competent authority for administrative violations shall be responsible for preserving confiscated assets;

b) Enforcement agencies shall be responsible for preserving evidence and other confiscated assets according to criminal law, criminal procedure law, and civil enforcement law;

c) The unit primarily managing the assets as stipulated in Clause 5 of this Decree shall take the lead and coordinate with relevant agencies and organizations to implement the preservation of assets as provided in Clauses 2, 3, 4, and 5 of Article 106 of the Law on Management and Use of State Assets. Preservation of assets shall be carried out in accordance with Clause 1 of Article 108 of the Law on Management and Use of State Assets.

Article 18. Procedures and Formalities for Establishing and Submitting Plans for Disposing of Assets Established with Full Public Ownership

1. Responsibilities for establishing plans for disposing of assets established with full public ownership are as follows:

a) The unit primarily managing the assets as stipulated in Clauses 1, 2, and 3 of Article 5 of this Decree shall establish disposal plans for assets confiscated according to the law, except for assets confiscated as stipulated in point c of this clause;

b) Customs agencies shall establish disposal plans for goods in excess inventory within their customs jurisdiction, which are subject to approval by the Director of the General Department of Customs, except for goods in excess inventory as stipulated in point b of Clause 3 of Article 19 of this Decree;

c) Agencies assigned to manage state assets as stipulated in Clauses 1, 2, and 3 of Article 19 of the Law on Management and Use of State Assets shall establish disposal plans for the following assets:

- Assets confiscated according to the law shall be disposed of through transfer or reallocation to agencies, organizations, or units managing and using them under the authority of the Minister of Finance, Ministers, Heads of central agencies, and Chairmen of Provincial People's Committees;

- Goods in excess inventory within customs jurisdiction as stipulated by customs law shall be approved for disposal by the Minister of Finance as provided in point b of Clause 3 of Article 19 of this Decree;

- Other assets established with full public ownership.

2. The main contents of plans for disposing of assets established with full public ownership include:

a) Information about the asset: Decision establishing full public ownership over the asset or confiscation decision (number, date, month, year, issuing agency), type, quantity, quality of the asset, origin, year of production, country of production...;

b) Value of the asset (if applicable).

For assets being disposed of through transfer or reallocation to agencies, organizations, or units for use, the unit establishing the disposal plan must form an Appraisal Committee to determine the value of the asset to be recorded in the plan. The Chairman of the Committee is the head of the unit establishing the plan and representatives from financial agencies (where the asset is located), receiving agencies (if any), and related professional agencies;

c) Suitable methods of disposal for each type of asset:

- Transfer to specialized management agencies for assets as stipulated in Clause 2 of Article 108 of the Law on Management and Use of State Assets;

- Transfer or reallocate to agencies, organizations, or units managing and using them based on usage standards and quotas issued by competent authorities according to the law. This applies only to: Houses, land; cars; motorcycles, motorbikes, machines, equipment, and other assets with remaining quality above 50%;

- Transfer to enterprises in the form of increasing state investment capital at the enterprise;

- Sell (auction, designated sale, listed price) according to the law on management and use of state assets and related laws. Specifically, for perishable goods (fresh food, easily deteriorating, difficult to store, flammable and explosive goods, processed food with less than 30 days remaining shelf life, dead wild animals but not required to be destroyed according to the law...); bulky goods with large weight transported by waterway or sea where unloading is costly; prohibited imported goods that must be re-exported and can only be handled by one economic organization with re-export functions, then they can be sold by designated sale or listed price.

- Destroy for goods and items that are easily damaged and cannot be sold; assets that are no longer usable or belong to the list of prohibited production, business, and circulation under the law, including harmful cultural products, drugs, counterfeit goods, items harmful to human health, animals, plants, dead wild animals, and other assets that must be destroyed. In special cases where other forms of handling are necessary to ensure economy and effectiveness, the unit responsible for managing the assets shall report to the Ministry of Finance or report to the superior agency (if any) to report to the Ministry of Finance for consideration and decision on handling.

- Deposit into the state budget for Vietnamese currency and foreign currencies; deposit into the State Treasury for gold, silver, precious stones, and precious metals. For negotiable instruments that can be converted into cash, procedures for converting them into cash and depositing them into the state budget shall be carried out according to regulations; if they do not meet the conditions for conversion into cash, procedures for depositing with the State Treasury for storage and preservation shall be implemented.

- Other handling methods as decided by the Prime Minister.

d) The leading agency and the coordinating agencies in charge of handling. Among these, the leading agency in charge of handling assets is the unit responsible for managing the assets as stipulated in Article 5 of this Decree.

đ) Time limit for handling;

e) Handling costs;

g) Management and utilization of the proceeds from asset disposal;

h) Other contents (if any).

3. Within ten days from the date of the decision to confiscate assets or establish full ownership rights over assets, the competent authority specified in Clause 1 of this Article shall be responsible for formulating a plan for disposing of the assets and submitting it to the authorized body specified in Article 19 of this Decree for approval of the plan for assets established with full ownership rights.

4. The Ministry of Finance shall provide guidance on implementing this Article.

Article 19. Authority to Approve Disposal Plans for Assets Established with Full Ownership Rights

1. The authority to approve disposal plans for administrative violation evidence and means as follows:

a) The Minister of Finance decides to approve the disposal plan for:

 - Real estate, vehicles, and other assets valued at VND 500 million or more per unit confiscated by central authorities or persons authorized by central authorities to confiscate;

- Transfer of assets from central to local levels and vice versa or between localities.

b) The Minister or head of a central agency decides or delegates the decision to approve the disposal plan for:

- Remaining assets confiscated by central authorities or persons authorized by central authorities, except those within the scope specified in point a of this clause;

- Assets transferred to specialized agencies as stipulated in Clause 2 of Article 108 of the Law on Management and Use of Public Assets.

c) The Chairman of the People's Committee of a province or the person delegated by the Provincial People's Council decides to approve the disposal plan for assets confiscated by local authorities or persons authorized by local authorities.

2. The authority to approve disposal plans for evidence in criminal cases and assets of convicted persons as follows:

a) The Prime Minister approves the disposal plan for historical, cultural, antique, and national treasure assets of value 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 relevant province, except where otherwise provided by law or ordinance;

b) The Minister of Finance approves the disposal plan for the transfer or allocation to central agencies for management of real estate, vehicles, and other assets valued at VND 500 million or more per unit or inter-provincial transfers, excluding assets specified in point a of this clause;

c) The Chairman of the People's Committee of a province or the person delegated by the Provincial People's Council to approve the disposal plan for cases not within the scope specified in points a and b of this clause.

3. The authority to approve disposal plans for unclaimed immovable property, assets with undetermined owners, lost, abandoned, buried, hidden, or submerged assets found, and unsold inventory as follows:

a) The Prime Minister approves the disposal plan for historical-cultural relics, antiques, and national treasures upon the proposal of the Chairman of the People's Committee of the relevant province, the Minister of Finance, and the Minister of Culture, Sports and Tourism, except where otherwise provided by law or ordinance.

b) The Minister of Finance approves the disposal plan for the transfer or allocation to central agencies for management of real estate, vehicles, and other assets valued at VND 500 million or more per unit or inter-provincial transfers, excluding assets specified in point a of this clause.

c) The Chairman of the People's Committee of a province or the person delegated by the Provincial People's Council to approve the disposal plan for cases not within the scope of points a, b, and d of this clause.

d) The Director of the Customs Department approves the disposal plan for unsold inventory within the customs jurisdiction area in accordance with customs laws, except for assets within the approval authority of the Prime Minister and the Minister of Finance as specified in points a and b of this clause.

4. Assets of dissolved funds, the authorized body to establish full ownership rights over assets as stipulated in Clause 4 and point d of Clause 6 of Article 7 of this Decree has the authority to approve the disposal plan for assets.

5. Assets voluntarily transferred by organizations and individuals to the state, the authorized body to establish full ownership rights over assets as stipulated in Clauses 1, 2, 3, 5, and point b of Clause 6 of Article 7 of this Decree has the authority to approve the disposal plan for assets.

6. Assets transferred by foreign-invested enterprises to the Vietnamese State without compensation according to commitments shall be subject to the approval of the agency or person authorized to establish the ownership of the assets as stipulated in Point c Clause 6 Article 7 of this Decree for the disposal plan of the assets.

7. Assets invested under the public-private partnership model and transferred to the Vietnamese State according to project contracts shall be subject to the approval of the agency or person authorized to establish the ownership of the assets as stipulated in Point b Clause 5 and Point đ Clause 6 Article 7 of this Decree for the disposal plan of the assets.

8. In cases where assets are disposed of through increasing state capital investment at enterprises, the agency or person authorized to increase capital in accordance with laws on managing and using state capital for production and business at enterprises and related laws shall be the authority to approve the asset disposal plan.

Article 20. Organization for Disposal of Assets Established with Full Ownership Rights

1. For the disposal method of transferring assets to specialized management agencies as provided in Clause 2 Article 17 of this Decree, it shall be carried out as follows:

a) Within five working days from the date the asset disposal plan is approved by the competent agency or person, the agency entrusted to handle the asset disposal shall transfer the assets to the specialized management agency.

b) The handover of assets must be documented in a record according to Model No. 02-BBBQ attached as an appendix to this Decree.

c) The documents for transferring assets include:

- The record of asset handover as stipulated in Point b of this clause: one original copy;

- Decision on confiscation or decision establishing full ownership rights over the assets: one copy;

- Asset disposal plan approved by the competent agency or person: one copy;

- Certificate of asset appraisal results (in cases requiring asset appraisal): one copy;

- Detailed list of assets: one original copy;

- Other relevant documents about the assets (if any).

d) Specialized management agencies shall be responsible for preserving, managing, and disposing of the assets in accordance with relevant laws.

2. For the disposal method of transferring or reallocating assets to agencies, organizations, or units managing and using them, it shall be carried out as follows:

a) Within five working days from the date the asset disposal plan is approved by the competent agency or person, the agency entrusted to handle the asset disposal shall coordinate with the same-level agency responsible for managing state assets to transfer the assets and related documents to the receiving agency, organization, or unit.

b) The handover of assets must be documented in a record according to Model No. 03-BBCG attached as an appendix to this Decree.

c) Agencies, organizations, or units receiving the transferred assets shall account for the increased assets and manage and use them in accordance with laws on managing and using state assets. If the assets are transferred to enterprises, they must increase state capital investment at the enterprise in accordance with the law.

3. For the disposal method of selling (auctioning, appointing, or listing price) or destroying assets, the agency entrusted to handle the asset disposal shall carry out the sale or destruction in accordance with Decree No. 151/2017/NĐ-CP dated December 26, 2017 detailing certain provisions of the Law on Management and Use of State Assets and related laws.

4. For the auction of cultural relics abroad, it shall be carried out as follows:

a) The Prime Minister decides on the auction of cultural relics abroad;

b) The Ministry of Culture, Sports and Tourism issues export permits for cultural relics to be auctioned abroad in accordance with the law;

c) Export procedures for cultural relics shall be carried out in accordance with the law;

d) The agency entrusted to handle the asset disposal shall select domestic or foreign auction organizations to entrust the auction of the assets, submit the asset disposal plan for review and decision by the competent agency or person to ensure efficiency and economy; priority shall be given to organizations with functions to sell auctioned assets that meet the following conditions:

- Having international experience in auctioning similar assets;

- Having an effective auction organization plan;

- Having low auction cost percentage;

- Having a feasible plan for handling cultural relics that have been exported but not sold (commitment to repurchase, bear transportation costs for unsold cultural relics back to Vietnam, etc.).

In cases where multiple organizations with auction functions register to participate, the selection of such organizations shall be conducted through bidding in accordance with the law.

đ) Entrusted Auction Contract:

The entrusted auction contract for assets must be established in accordance with Vietnamese and international laws; if Vietnamese law does not provide or differs from international law, international law shall apply; it must contain specific and binding commitments to bind the responsibilities of all parties involved; it must specify dispute resolution mechanisms. Tasks entrusted include packaging, transporting from Vietnam to abroad, transporting from storage to the auction site, insuring items for sale, storing assets abroad, promoting, organizing the auction, and handling assets in case of unsold items.

The agency entrusted to sign the entrusted auction contract is responsible for the content of the contract; when necessary, it may seek opinions from the Ministry of Culture, Sports and Tourism, the Ministry of Finance, and the Ministry of Justice before signing the contract.

5. For the disposal of assets in the form of Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals:

a) Within five working days from the date the asset disposal plan is approved by the competent authority, the main managing unit shall transfer Vietnamese currency, gold, silver, precious stones, and precious metals to the State Treasury. The State Treasury shall record the payment to the state budget in accordance with the laws on the state budget. For foreign currency assets, the main managing unit 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 convert and pay to the state budget in Vietnamese currency as prescribed.

b) Within five working days from the date the asset disposal plan is approved by the competent authority, the main managing unit shall exchange negotiable instruments that can be converted into cash and deposit them into the State Treasury. The State Treasury shall record the payment to the state budget in accordance with the laws on the state budget. In cases where negotiable instruments cannot be converted into cash, the procedures for depositing and storing them at the State Treasury shall be carried out.

6. For the disposal of assets through the form of increasing state investment capital in enterprises, the implementation of the increase in capital shall be carried out in accordance with the laws on the management and use of state investment capital in production and business activities of enterprises and related laws.

7. The Ministry of Finance shall provide guidance on the implementation of this Article.

Section 2

ACCEPTANCE, HANDLING OF INFORMATION AND ORGANIZATION OF SURVEYING, EXCAVATION, RAISING OF BURIED, HIDEN, COVERED, AND SUNDRIVEN ASSETS

Article 21. Acceptance and handling of information about buried, hidden, covered, and sun-driven assets

1. Organizations and individuals who discover buried, hidden, covered, and sun-driven assets shall have the responsibility to protect, maintain the original condition, and promptly and fully report relevant information to the following competent authorities:

a) The nearest military agency to the buried, hidden, covered, and sun-driven assets located within the military area;

b) The People's Committee of the commune or the nearest public security agency to the buried, hidden assets not located within the military area;

c) The maritime port supervision agency or the People's Committee of the commune or the People's Committee of the district to the nearest location for the sun-driven assets not located within the military area.

Organizations and individuals who discover buried, hidden, covered, and sun-driven assets shall be responsible for the reported information.

2. State agencies receiving the information shall be responsible for:

a) Preparing a protocol with signatures of representatives of organizations and individuals reporting the information and representatives of the receiving agency; the reporting organization or individual shall retain a copy as a basis for resolving future rights;

b) Verifying the accuracy of the received information;

c) Reporting in writing to the People's Committee of the province where the state agency receiving the information is headquartered;

d) Organizing the demarcation and protection of the original condition of the area containing the buried, hidden, covered, and sun-driven assets; in cases where the sun-driven assets are far from the shore, the People's Committee of the province shall coordinate with defense and security agencies and maritime management agencies to implement.

Specifically, for sun-driven assets within internal waters and territorial seas, within seven working days from the date of receipt of the report of sun-driven assets, the state agency receiving the information shall be responsible for reporting to the Vietnam Maritime Administration or the People's Committee of the province to announce three times consecutively on central or local mass media to find the owner of the assets.

3. Provincial People's Committees shall be responsible for:

a) Directing the functional agencies of the locality or coordinating with relevant agencies to organize the demarcation and protection of the original condition of the area containing the buried, hidden, covered, and sun-driven assets;

b) Reporting to the agencies specified in Clauses 1, 2, and 3 of Article 22 of this Decree to decide on the establishment of survey plans, excavation plans, and raising plans for buried, hidden, covered, and sun-driven assets;

c) In cases where the buried, hidden, covered, and sun-driven assets are not within the jurisdictional area, they shall notify the People's Committee of the province where the buried, hidden, covered, and sun-driven assets are located.

Article 22. Competence to assign and approve exploration plans, excavation plans, and salvage plans for buried, hidden, covered, or sunken assets

The assignment to organizations or individuals to prepare exploration plans, excavation plans, and salvage plans, as well as the approval of such plans for buried, hidden, covered, or sunken assets shall be decided by the following state agencies:

1. The Ministry of Culture, Sports and Tourism shall approve exploration plans, excavation plans, and salvage plans for buried, hidden, covered, or sunken assets that are historical and cultural relics, national treasures, antiquities, and ancient artifacts.

2. The Ministry of National Defense shall approve exploration plans, excavation plans, and salvage plans for buried, hidden, covered, or sunken assets within the defense and national security sectors, and those located in military areas.

3. The Ministry of Transport shall approve exploration plans, excavation plans, and salvage plans for sunken assets that obstruct maritime activities, pose dangers to marine resources, threaten human lives and health, or cause environmental pollution. Specifically, for sunken assets posing dangers to maritime activities, the Maritime Port Authority shall be responsible for developing the salvage plan to submit to the Vietnam Maritime Administration for approval; if the sunken asset poses dangers to maritime activities and is underwater cultural heritage or related to defense and security, before the Vietnam Maritime Administration approves the salvage plan, it must obtain the opinion of the Ministry of Culture, Sports and Tourism or the Ministry of National Defense.

4. The People's Committee of the province where the buried, hidden, covered, or sunken assets are located shall approve plans for assets not falling under the provisions of Clauses 1, 2, and 3 of this Article.

Article 23. Contents of Exploration Plans, Excavation Plans, and Salvage Plans for Buried, Hidden, Covered, or Sunken Assets

1. An exploration plan for buried, hidden, covered, or sunken assets shall include the following main contents:

a) Location of the buried, hidden, covered, or sunken asset;

b) Expected start and end times;

c) Means and methods of exploration;

d) Measures to ensure safety during the exploration process;

đ) Handover of exploration results to the competent authority or person with authority;

e) Measures to prevent environmental pollution; fire prevention and explosion control;

g) Budget estimate for exploration costs;

h) Conditions for selecting organizations or individuals to organize excavation and salvage (if necessary).

2. An excavation and salvage plan for buried, hidden, covered, or sunken assets shall include the following main contents:

a) Basis for organizing excavation and salvage;

b) Results of implementing the exploration plan for buried, hidden, covered, or sunken assets (if applicable);

c) Location of the buried, hidden, covered, or sunken asset;

d) Expected start and end times;

đ) Means and methods of excavation and salvage;

e) Measures to ensure safety during the excavation and salvage process;

g) Measures for preserving the buried, hidden, covered, or sunken asset found after excavation and salvage;

h) Handover of the buried, hidden, covered, or sunken asset found to the competent authority or person with authority;

i) Measures to prevent environmental pollution; fire prevention and explosion control;

k) Insurance measures for organizations or individuals participating in excavation and salvage;

l) Anticipated results after excavation and salvage;

m) Budget estimate for excavation and salvage costs;

n) Conditions for selecting organizations or individuals to organize excavation and salvage (if necessary).

3. Depending on specific circumstances, the preparation and decision-making of exploration plans; the preparation and decision-making of excavation and salvage plans for buried, hidden, covered, or sunken assets may be carried out independently or concurrently.

Article 24. Organizations conducting exploration, excavation, and salvage of buried, hidden, covered, or sunken assets

1. Vietnamese organizations or individuals, or foreign organizations or individuals organizing exploration, excavation, and salvage of buried, hidden, covered, or sunken assets must ensure the following conditions:

a) Having the function of exploring, excavating, and salvaging assets as prescribed by law.

b) Having experience in the activities of exploring, excavating, and salvaging assets.

c) Having a staff and equipment that meet the requirements of the exploration, excavation, and salvage activities appropriate to the scale of the approved exploration, excavation, and salvage plan.

2. In cases where the exploration, excavation, and salvage of assets are historical-cultural relics, national treasures, antiquities, ancient objects, assets within the defense and national security sector, and assets in military zones, foreign organizations may participate in cooperation but must be under the main supervision of Vietnamese agencies or organizations for each exploration, excavation, and salvage project.

3. The agency or person with authority as stipulated in Article 22 of this Decree decides to entrust organizations or individuals meeting the conditions prescribed in Clause 1 of this Article to organize the exploration, excavation, and salvage of buried, hidden, covered, or sunken assets through tendering procedures as prescribed by law on bidding; prioritizing Vietnamese organizations to carry out the salvage of sunken assets in internal waters and territorial seas of Vietnam as prescribed in Article 280 of the Maritime Code 2015. In cases where the salvage plan for sunken assets posing danger to maritime activities is approved by the Vietnam Maritime Administration, the Port Maritime Office will organize the salvage according to the approved plan.

4. Exploration, excavation, and salvage of buried, hidden, covered, or sunken assets shall be carried out strictly in accordance with the approved plan.

In cases where it is necessary to adjust the approved plan during the process of exploration, excavation, and salvage of buried, hidden, covered, or sunken assets, the agency or person who has approved the plan shall decide on the adjustment of the plan.

Article 25. Receiving, managing, and preserving found buried, hidden, covered, or sunken assets

1. Organizations or individuals randomly finding buried, hidden, covered, or sunken assets, or organizations or individuals organizing the excavation and salvage of such assets have the responsibility to manage the found assets and hand them over to the state agencies specified in Clause 2 and Clause 3 of this Article for preservation until they are processed according to the decision of the agency or person with authority.

2. In cases where there are sufficient grounds to determine the type of buried, hidden, covered, or sunken assets found, the organizations or individuals specified in Clause 1 of this Article shall transfer the assets to the following agencies or units for reception and preservation:

a) Provincial museums shall receive and preserve historical-cultural relics, national treasures, antiquities, and ancient objects found that are buried, hidden, covered, or sunken.

b) Provincial Military Command shall receive and preserve assets found that belong to the defense and national security sectors and assets in military zones.

c) The nearest Port Maritime Office shall receive and preserve sunken assets that obstruct or pose dangers to maritime activities, marine resources; threaten human lives and health or cause environmental pollution.

d) The Department of Finance shall receive and preserve buried, hidden, covered, or sunken assets found that do not fall within the scope specified in points a, b, and c of this clause.

3. In cases where there are insufficient grounds to determine the type of buried, hidden, covered, or sunken assets found, the Department of Finance shall directly receive and preserve them. If the buried, hidden, covered, or sunken assets found are small in quantity and low in value (estimated at less than one billion VND), the Department of Finance may delegate the reception and preservation of the assets to the financial agency at the district level.

4. Agencies and units responsible for receiving and preserving assets as stipulated in Clause 2 and Clause 3 of this Article shall implement preservation according to Clause 1 and Clause 2 of Article 108 of the Law on Management and Use of Public Assets.

Article 26. Determination of the Owner of Buried, Hidden, Covered, or Sunken Property Found

1. The Department of Finance shall be responsible for compiling a list of property, quantity by type of buried, hidden, covered, or sunken property found; leading and coordinating with relevant agencies to appraise the property; determining the owner of buried, hidden, covered, or sunken property found in accordance with Clause 2 of this Article.

2. The determination of the owner of buried, hidden, covered, or sunken property found shall be carried out in accordance with Clause 1 of Article 229 of the Civil Code, except in special cases as required for national security and state secrets, the notification shall be implemented in accordance with the laws on protecting state secrets. In case the property has no owner or the owner cannot be identified, the property shall be established as the property of the whole people in accordance with Clause 2 of Article 229 of the Civil Code and the provisions of this Decree.

Article 27. Handling Plan for Buried, Hidden, Covered, or Sunken Property Found

The Department of Finance shall prepare a handling plan for buried, hidden, covered, or sunken property found and report it to the competent authority specified in Article 22 of this Decree for approval according to the following principles:

1. Return to the rightful owner if the rightful owner can be identified.

2. In cases where there is no rightful owner or the rightful owner cannot be identified, the property shall be returned to the organization or individual who finds the buried, hidden, covered, or sunken property if the value of the property is less than or equal to ten times the minimum wage set by the State at the time of discovery and submission of the property. The organization or individual receiving the property must pay the costs of identifying the owner, transportation, storage, and valuation of the property.

3. In cases where the buried, hidden, covered, or sunken property found cannot identify the owner or the owner abandons ownership of the property or does not pay related expenses as stipulated in Clause 2 of Article 28 of this Decree, or the organization or individual specified in Clause 2 of this Article does not come to claim the property or does not pay related expenses, the found property shall be established as the property of the whole people in accordance with the law and handled in accordance with the provisions of this Decree.

Article 28. Returning Buried, Hidden, Covered, or Sunken Property Found to the Rightful Owner

1. If the rightful owner of the buried, hidden, covered, or sunken property found can be identified in accordance with Article 26 of this Decree, the agency or unit receiving and storing the property as specified in Clauses 2 and 3 of Article 25 of this Decree shall organize the return of the property to the rightful owner in accordance with the decision approving the handling plan for buried, hidden, covered, or sunken property found by the competent authority.

2. Within thirty days from the date of the decision approving the plan to return buried, hidden, covered, or sunken property to the rightful owner by the competent authority, the agency or unit receiving and storing the property as specified in Clauses 2 and 3 of Article 25 of this Decree shall return the property to the rightful owner. The return of the property shall be recorded in a protocol; the rightful owner of the property must pay reasonable expenses related to searching, exploration, excavation, salvage, storage, and identification of the owner of the property.

Chapter IV

FINANCIAL MANAGEMENT IN HANDLING PROPERTY ESTABLISHED AS THE PROPERTY OF THE WHOLE PEOPLE

Article 29. Expenses related to the disposal of property established as national ownership

1. Expenses related to the management and disposal of items, means of transport seized for administrative violations; property from criminal cases transferred for administrative disposal shall be implemented according to the regulations of the Ministry of Finance guiding certain contents on the management and disposal of items, means of transport temporarily detained and confiscated through administrative procedures.

2. Expenses related to the management and disposal of evidence in criminal cases, property of persons sentenced to confiscation; property from administrative violations transferred for criminal proceedings; other properties established as national ownership (excluding expenses related to exploration, excavation, salvage, and disposal of buried, hidden, sunken assets) include:

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

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

c) Costs incurred during the sale process: cost of determining the initial price; fees for hiring appraisals, repairs if the asset needs repair before it can be sold; costs to mitigate losses due to objective reasons; service fees paid to auction organizations, auction costs;

d) Import tax, value-added tax, special consumption tax (if applicable) for cases where goods were temporarily imported for re-export but now have been officially approved for import by the competent authority;

đ) Fees and charges (if applicable);

e) Costs for caring for and rescuing wild animals before disposal according to the decision of the competent authority;

g) Costs for the destruction of assets;

h) Rewards for organizations and individuals who discover and surrender historical-cultural relics, national treasures, antiques, and assets belonging to national defense and security;

i) Other related expenses.

3. Expenses related to exploration, excavation, salvage, and disposal of buried, hidden, sunken assets and their disposal include:

a) Costs of exploration, excavation, salvage, and appraisal of buried, hidden, sunken assets. If the costs of exploration, excavation, and salvage of buried, hidden, sunken assets according to the approved plan are calculated in kind, the competent authority approving the plan will decide to reimburse in kind;

b) Transportation and storage costs of assets found before the disposal decision is made by the competent authority; transportation and storage costs paid to organizations and individuals who randomly find and surrender the assets;

c) Disposal costs of assets (costs of notifying the owner, transferring assets, destroying assets, valuing, and auctioning assets);

d) Taxes, fees, and charges (if applicable);

đ) Rewards for organizations and individuals who discover assets;

e) Costs of selling auctioned artifacts and antiques abroad. The auction sales fee (commission) is allocated as a percentage (%) of the total amount received from the auction, including:

- Packaging costs, transportation costs from Vietnam to abroad, transportation costs from storage location to the auction site;

- Insurance costs for items being auctioned;

- Rental warehouse costs for storing items abroad;

- Taxes, fees, and charges in Vietnam and abroad (if applicable);

- Publicity and promotion costs; organization costs for the auction;

- Dispute resolution costs (if any); other costs related to transportation and auction abroad. The percentage (%) of the auction sales fee is agreed upon by the parties in the entrusted auction contract, based on the reference of auction sales fees (auction commissions) of previously conducted auctions;

g) Other reasonable related costs.

4. Payment of the value of the assets to organizations and individuals who discover and surrender buried, hidden, sunken assets, lost, or abandoned assets.

Article 30. Levels of Expenditure

1. For expenditure items that have standards, norms, and regulations set by competent authorities, such expenditures shall be implemented according to the established standards, norms, and regulations.

2. For expenditure items without established standards, norms, and regulations, the head of the agency responsible for managing the assets shall decide on the specific levels of expenditure and bear responsibility for their decisions, ensuring they are consistent with the financial capacity and actual needs.

3. For expenditure related to purchasing information, reasonable and legitimate expenses incurred during the handling of criminal law violations in anti-smuggling, commercial fraud, and counterfeit goods areas shall be carried out in accordance with the Ministry of Finance's regulations on managing and using revenue from handling such violations.

4. For cases transferred from administrative to criminal proceedings or vice versa, transportation and storage costs incurred before transfer shall be included in the regular operating budget of the asset storage unit; other expenses shall be reimbursed from the asset handling budget as stipulated in Article 31 of this Decree.

5. Levels of rewards for organizations and individuals who discover and turn over buried, hidden, submerged, or lost assets

a) Organizations and individuals are eligible for rewards in the following situations:

- Randomly discovering and turning over buried, hidden, submerged, or lost assets that are historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain;

- Discovering and providing accurate information about buried, hidden, submerged, or lost assets that are historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain.

b) The amount of reward for each specific case is as follows:

- In the case where organizations or individuals randomly discover and turn over buried, hidden, submerged, or lost assets that are historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain, the reward amount is calculated based on a progressive reduction method, specifically as follows:

 + For the value of the asset up to 10 million VND, the reward rate is 30%;

+ For the value of the asset above 10 million VND up to 100 million VND, the reward rate is 15%;

+ For the value of the asset above 100 million VND up to 1 billion VND, the reward rate is 7%;

+ For the value of the asset above 1 billion VND up to 10 billion VND, the reward rate is 1%;

+ For the value of the asset above 10 billion VND, the reward rate is 0.5%; The value of the asset for calculating the reward is determined after deducting the relevant expenses as specified in Clause 3 of Article 29 of this Decree.

- In the case where organizations or individuals discover and provide accurate information about buried, hidden, submerged, or lost assets that are historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain, the reward amount is 50% of the corresponding reward amounts specified in point a of this clause.

- In the case where organizations or individuals discover and provide accurate information about buried, hidden, submerged, or lost assets that are not historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain, the reward amount is 30% of the corresponding reward amounts specified in point a of this clause.

c) The specific amount of the reward is decided by the Minister of Culture, Sports and Tourism (for assets discovered as historical-cultural relics, national treasures, antiquities, ancient artifacts), the Minister of National Defense (for assets discovered within the defense and national security domain), and the Chairman of the Provincial People's Committee (for other assets), with a maximum limit of 200 million VND per reward package.

d) In cases where there are multiple organizations or individuals eligible for rewards and the discovered assets have special value, the competent authorities specified in point c of this clause shall report to the Prime Minister to determine the rewards.

e) Basis for rewarding

- If the asset is handled through auction, the value of the asset for calculating the reward is the winning bid price;

- If the asset is transferred to a state agency with the function of preserving and managing it, the value of the asset is determined by the Appraisal Board as stipulated in Article 34 of this Decree. The value of the asset for calculating the reward is the value determined by the Appraisal Board after deducting the relevant expenses as specified in Clause 3 of Article 29 of this Decree.

In cases where the value of buried, hidden, submerged, or lost assets cannot be determined, the competent authorities specified in point c of this clause shall decide on the specific amount of the reward, with a maximum limit of 200 million VND. Special cases shall be decided by the Prime Minister.

6. Amounts paid for the value of assets to organizations and individuals who discover and turn over buried, hidden, submerged, or lost assets when there is no identifiable owner according to the law

a) Organizations and individuals who, during daily activities or production, randomly discover buried, hidden, submerged, or lost assets that are not historical-cultural relics, national treasures, antiquities, ancient artifacts, or assets within the defense and national security domain may enjoy the full or partial value of the discovered asset as follows:

- If the asset's value is less than or equal to ten times the minimum wage set by the State (at the time of discovery and turnover of the asset) after deducting reasonable related expenses (costs for finding the owner, transportation, preservation, and valuation of the asset), then the asset belongs to the organization or individual who discovered it.

- If the property has a value greater than ten times the minimum wage set by the State (at the time of discovery and submission of the property), then after deducting reasonable related expenses, the organization or individual discovering the property shall be entitled to the value equal to ten times the minimum wage set by the State and fifty percent of the value exceeding ten times the minimum wage set by the State, with the remaining value belonging to the State.

b) The agency or person authorized under Clause 2, Article 27 of this Decree shall decide on the amount of benefit for organizations or individuals who randomly discover buried, hidden, or submerged property.

c) In cases where organizations or individuals discover or find buried, hidden, or submerged property without reporting or submitting it to the relevant agency or person authorized as prescribed, they shall not be rewarded, shall not be rewarded based on the value of the discovered property, and shall be subject to administrative penalties or criminal liability according to the provisions of the law.

d) Organizations or individuals who are rewarded according to the provisions of Clause 5 of this Article shall not be entitled to the full or partial value of the property as provided for in Clause 6 of this Article; organizations or individuals who are entitled to the full or partial value of the property as provided for in Clause 6 of this Article shall not be rewarded according to the provisions of Clause 5 of this Article.

7. Amount of payment for the value of the property to organizations or individuals who discover and submit lost or abandoned property.

a) Organizations or individuals who discover and submit lost or abandoned property that is not historical-cultural relics, national treasures, antiques, or assets within the defense and national security domain, and which have a value greater than ten times the minimum wage set by the State (at the time of discovery and submission of the property), after deducting preservation costs, shall be entitled to the value equal to ten times the minimum wage set by the State and fifty percent of the value exceeding ten times the minimum wage set by the State.

b) The authority approved the disposal plan as stipulated in Clause 3, Article 19 of this Decree shall decide on the amount of benefit for organizations or individuals who discover and submit lost or abandoned property.

c) Organizations or individuals who are rewarded according to the provisions of Clause 5 of this Article shall not be entitled to the value of the property as provided for in this clause; organizations or individuals who are entitled to the value of the property as provided for in this clause shall not be rewarded according to the provisions of Clause 5 of this Article.

Article 31. Source of funds.

1. For property that is sold, the source of funds for payment shall be from the proceeds obtained from selling the property deposited into the temporary account of the state agency (Ministry of Finance, Department of Finance, Financial Planning Office) opened at the State Treasury. In cases where the proceeds from selling the property are insufficient to cover the costs tracked separately in the temporary account for the agency or unit handling the property, the surplus shall be used to support the payment of such costs, and if there is a shortfall, assistance shall be requested from the state budget according to current regulations.

2. For property handled through other methods (transfer, destruction), the source of funds for the contents specified in Article 29 of this Decree shall be allocated as follows:

a) The state budget shall allocate within the annual regular expenditure budget of the unit assigned to manage the property to ensure funding for the disposal of the property.

b) For property transferred to specialized management agencies for management or transfer to agencies, organizations, or units for management and use, expenses incurred before the decision approving the disposal plan by the competent agency or person are implemented according to the provisions of point a of this clause; expenses incurred from the decision approving the disposal plan by the competent agency or person until the completion of the handover shall be paid by the receiving agency, organization, or unit.

3. The source of funds for rewards and payments for the value of property to organizations or individuals who discover and submit lost or abandoned property shall be carried out according to the provisions of Clause 1 and Clause 2 of this Article.

4. The source of funds for rewards, payments for the value of property to organizations or individuals who randomly discover property, and related expenses for exploration, excavation, salvage, and disposal of buried, hidden, submerged, or sunken property shall be regulated as follows:

a) For buried, hidden, submerged, or sunken property returned to its rightful owner, the property owner shall be responsible for paying the related expenses according to the provisions of Clause 3, Article 29 of this Decree.

b) For buried, hidden, submerged, or sunken property transferred to state agencies with the function of custody and management, the agency entrusted with custody and management of the property shall be responsible for paying the related expenses from the state budget or legitimate sources according to the law.

c) For buried, hidden, submerged, or sunken property destroyed, the state budget shall pay; the state budget of the level organizing the disposal shall pay for buried, hidden, submerged, or sunken property found.

d) For buried, hidden, submerged, or sunken property sold, the expenses shall be funded from the proceeds obtained from selling the buried, hidden, submerged, or sunken property. In cases where the proceeds from selling the buried, hidden, submerged, or sunken property are insufficient to cover the expenses, the state budget shall pay the difference according to current laws on the state budget.

đ) For sunken property causing danger to maritime activities, after salvaging and auctioning the property, if the proceeds are insufficient to cover the costs and the owner cannot pay or the owner of the sunken property cannot be identified, the shortfall shall be covered from the maritime safety fee; if the cost of salvaging the sunken property exceeds the capacity of the maritime safety fee revenue, it will be supplemented by the state budget.

e) For assets that are buried, hidden, covered up, or submerged but not yet in conditions for excavation or salvage, the local government budget where the assets are located shall be responsible for ensuring funding to protect such assets.

Article 32. Procedures and formalities for settling expenses for management and disposal of assets established with full public ownership rights

1. Expenses to be settled must have valid and reasonable vouchers as prescribed. In cases where expenses are incurred by agencies or persons authorized (such as appraisal costs, animal care and rescue costs, and other expenses), they may use receipts issued by the relevant state agency as the basis for expense settlement.

2. The Department of Finance of provincial-level cities directly under the central government shall approve expenses for disposing of assets for which the authorized person from the central agency or the authorized person from the provincial-level agency has made a decision to establish state ownership; the Financial Planning Office at the district level shall approve expenses for disposing of assets for which the authorized person from the district-level or commune-level agency has made a decision to establish full public ownership.

3. Settlement of expenses shall be carried out according to the actual reasonable and legitimate expenditure levels of each case or the quota set by the agency or authorized person.

For types of assets established with full public ownership rights that occur regularly, based on the actual situation of managing and disposing of assets established with full public ownership rights, the Minister, Head of Central Agency, People's Committee of provincial-level cities directly under the central government shall stipulate the ratio (quota) of management and disposal expenses for assets established with full public ownership rights relative to the proceeds from asset disposal for units primarily responsible for management and disposal within the scope of their respective ministries, sectors, or localities to apply uniformly. The maximum quota shall not exceed 40% of the proceeds from the disposal of assets established with full public ownership rights; the unit primarily responsible for managing the assets may proactively use allocated funds for expenditures as prescribed.

In cases where actual disposal expenses exceed the stipulated quota during the process of handling assets and there are complete files and vouchers proving that the expenses for handling the assets are necessary and appropriate, the unit primarily responsible for managing and disposing of the assets shall report to the financial authority with approval power as specified in Clause 2 of this Article for review and decision.

4. For criminal cases or administrative cases converted to criminal proceedings and decided by the competent authority to terminate the case, within one year from the date of the termination decision, the unit primarily responsible for managing the assets shall be responsible for settling expenses related to the management and disposal of seized items from such cases from the designated budget as provided in Article 31 of this Decree.

5. For buried, hidden, covered up, or submerged assets, lost or abandoned assets, the procedures and formalities for rewarding organizations and individuals who discover such assets are as follows:

a) Organizations and individuals eligible for rewards shall submit a written request for reward to the agency or unit assigned the task of receiving and preserving the assets.

b) Within thirty days from the date of receipt of the written request from the organization or individual as specified in point a of this clause, the agency or unit assigned the task of receiving and preserving the assets shall be responsible for submitting to the competent authority or person for a specific reward decision. The main contents of the reward decision include:

- Legal basis for rewarding organizations and individuals;

- Name of the organization or individual to be rewarded;

- Amount of the reward for the organization or individual;

- Deadline for the reward;

- Agency or unit responsible for making the reward payment;

- Source of the reward payment.

The decision shall be sent to the recipient, the agency or unit responsible for the reward payment, and the state finance agency at the same level.

c) In cases where the reward fund is sourced from the state budget, lawful revenue of the agency with the function of holding and managing assets, and maritime security fees, based on the reward decision of the competent authority or person as specified in point b of this clause, the agency or unit assigned the task of making the reward payment shall be responsible for submitting to the competent authority or person for a decision or deciding within its authority on the use of these funds for rewards in accordance with the law.

d) Within ninety days from the date of the reward decision by the competent authority or person, the agency or unit responsible for making the reward payment shall pay the reward money to the organization or individual entitled to the reward as prescribed.

6. Procedures and formalities for settling the value of assets found randomly for buried, hidden, covered up, or submerged assets, lost or abandoned assets without identifiable owners

a) Determining the value of the asset as the basis for settlement.

- For assets disposed of through auction, the value of the asset for settlement purposes shall be determined according to the winning bid price.

- For other cases, the value of the asset shall be determined by the Appraisal Board as prescribed in Article 34 of this Decree.

b) Settlement in cases where the discovered asset, after deducting reasonable related expenses, has a value up to ten months of the minimum wage prescribed by the State at the time of discovery and submission of the asset.

- For assets, after deducting reasonable related expenses, having a value up to ten months of the minimum wage prescribed by the State at the time of discovery and submission of the asset, the asset (in kind) shall be returned to the organization or individual who found it randomly.

- When receiving the asset, the organization or individual who found the asset randomly shall be responsible for paying reasonable related expenses (costs for finding the owner, transportation, preservation, and valuation of the asset). If the organization or individual who found the asset randomly does not accept the asset or does not pay the reasonable related expenses, the asset shall belong to the State.

c) Settlement in cases where the discovered asset, after deducting reasonable related expenses, has a value greater than ten months of the minimum wage prescribed by the State at the time of discovery and submission of the asset, the organization or individual who found the asset randomly shall be settled as follows:

In the case where an organization or individual randomly finds and surrenders property with the desire to receive the property (in kind) and such property cannot be divided, that organization or individual shall receive the property (in kind) while being responsible for paying reasonable related expenses and the portion of the value of the property belonging to the State.

In the case where an organization or individual randomly finds and surrenders property with the desire to receive the property (in kind) and such property can be divided, the organization or individual who randomly finds the property shall receive a corresponding share of the property in kind according to the portion of the value of the property they are entitled to under the regulations.

d) Procedure and formalities for payment.

The organizations or individuals eligible for payment of the value of the property shall submit a request for payment of the value of the property they are entitled to to the agency or unit assigned the task of receiving and preserving the property.

Within thirty days from the date of receipt of the request from the organization or individual, the agency or unit assigned the task of receiving and preserving the property shall be responsible for submitting to the competent authority for a specific decision on the amount the organization or individual is entitled to. The main contents of this decision include: Legal basis for paying the value of the property to the organization or individual who randomly finds and surrenders the property; name of the organization or individual entitled to the value of the property found and surrendered at random; the value of the property paid to the organization or individual who randomly finds and surrenders the property; expenses the organization or individual must pay (if any); form of payment (in kind, in cash); payment deadline; source of funds for payment (in the case of payment in cash); agency or unit responsible for paying the value of the property to the organization or individual who randomly finds and surrenders the property.

The decision is sent to the beneficiary, the agency or unit assigned the task of payment, and the state financial agency at the same level.

In the case where the source of funds for payment is used from the state budget, legitimate income of the agency with the function of holding and managing the property, and maritime security fees, based on the decision on payment of the value of the property to the organization or individual who randomly finds and surrenders the property by the competent authority, the agency or unit assigned the task of payment shall be responsible for submitting to the competent authority for a decision or deciding within its authority on the use of these sources of funds for payment in accordance with the law.

Within ninety days from the date of the decision on the amount the organization or individual who randomly finds and surrenders the property is entitled to by the competent authority, the agency or unit responsible for payment shall implement the payment of the value of the property to the organization or individual entitled to it as stipulated.

In the case where an organization or individual randomly finds and surrenders property with the desire to receive the value of the property in cash, the organization or individual who randomly finds the property shall be paid in cash the value of the property they are entitled to as stipulated. The payment of the value of the property to the organization or individual who randomly finds the property in kind or in cash shall be decided by the agency or person with the authority prescribed in this Decree.

Article 33. Management of funds obtained from the disposal of assets

1. All funds obtained from the disposal of assets shall be deposited into a temporary holding account at the State Treasury by the agency entrusted with the task of managing public assets as the account holder, in accordance with the guidelines of the Ministry of Finance. After deducting the expenses stipulated in Article 29 of this Decree, the remaining funds shall be deposited into the state budget in accordance with the laws on the state budget.

2. Funds obtained from the disposal of assets handled by agencies or units under the central government shall be deposited into the central government budget; funds obtained from the disposal of assets handled by agencies or units under local governments shall be deposited into the local government budget.

Article 34. Determination of the value of buried, hidden, submerged, or sunken assets, lost or forgotten assets as the basis for award payments and settlement of asset values to organizations or individuals who find them and other related costs

1. The agency or person authorized to approve the plan for disposing of buried, hidden, submerged, or sunken assets shall decide to establish an Appraisal Board to determine the value of such assets (hereinafter referred to collectively as the Appraisal Board).

2. The composition of the Appraisal Board includes:

a) The head of the agency deciding to establish the Board or the person authorized to act as the Chairman of the Board;

b) A representative of the financial agency (the Ministry of Finance for assets buried, hidden, submerged, or sunken whose disposal plans are approved by central-level agencies or persons with authority; the Department of Finance for assets buried, hidden, submerged, or sunken whose disposal plans are approved by local-level agencies or persons with authority);

c) A representative of the agency or unit entrusted with the task of receiving and preserving the assets;

d) A representative of the technical department or experts on assets;

đ) Other relevant members.

3. The minimum number of members of the Appraisal Board is five.

Representatives of organizations or individuals who randomly discover the assets or have contributed to their discovery and provided information about buried, hidden, submerged, or sunken assets may attend meetings of the Appraisal Board and express opinions but do not have voting rights.

4. Principles of operation of the Appraisal Board

a) The Appraisal Board operates on a collective basis. At least two-thirds of the total number of members of the Board must attend each meeting. Decisions of the Board must be approved by more than half of the members of the Board and recorded in minutes. In case of a tie vote, the decision will follow the side supported by the Chairman of the Board;

b) The Appraisal Board prepares minutes on the valuation of assets. The minutes of asset valuation must promptly, fully, and truthfully record the entire process of asset valuation;

c) The main contents of the minutes of asset valuation include: Name and position of the Chairman of the Asset Valuation Appraisal Board and its members; names of those attending the asset valuation session; time and place of conducting the asset valuation; results of the asset value survey; opinions of the members of the Appraisal Board and those attending the asset valuation session; the result of the Appraisal Board's vote on the asset value; time and place of completing the asset valuation; signatures of the members of the Appraisal Board.

The minutes of asset valuation must be kept in the asset valuation file.

5. The Appraisal Board is responsible for valuing buried, hidden, submerged, or sunken assets according to the provisions of the law on principles, methods, and standards for asset valuation. If necessary, the Appraisal Board may hire an organization with the conditions to operate asset valuation to determine the value of buried, hidden, submerged, or sunken assets for review and reference before making a decision.

6. The value of assets determined by the Appraisal Board shall serve as the basis for:

a) Awarding bonuses to organizations or individuals as prescribed in this Decree;

b) Settling the value of assets for organizations or individuals who randomly discover them, except when the assets are auctioned;

c) Settling exploration, excavation, and salvage costs in cases where the agency or person with authority decides to settle costs in kind after the excavation and salvage are completed;

d) Determining the starting price for organizing an auction.

7. The operating costs of the Appraisal Board and the costs of hiring an organization with the conditions to operate asset valuation (if any) shall be included in the asset disposal costs and paid according to the provisions of this Decree.

8. In special cases where it is impossible to determine the value of assets, the Appraisal Board shall notify the agency or person with authority in writing so that they can decide on the bonus amount according to the regulations.

Chapter V

REGIME OF REPORTING AND DATABASE ON ASSETS ESTABLISHED WITH FULL PUBLIC OWNERSHIP RIGHTS

Article 35. Reporting System for State-owned Assets

1. All assets when establishing state ownership rights must be reported to specialized state management agencies, entities assigned to manage state assets, and declared and updated in the national database on state assets for unified management.

2. Within seven working days from the date of the decision on confiscation or the decision on establishing state ownership rights over assets by competent authorities or the main managing units, such entities shall report and declare, and update the information in the national database on state assets.

3. Within seven working days from the completion of asset disposal according to the disposal plan by competent authorities or the main managing units, the results of asset disposal shall be updated in the national database on state assets.

4. The entity assigned to manage state assets has the responsibility to report on assets with established state ownership rights according to the requirements of competent authorities as stipulated by law.

Article 36. Database on State-owned Assets

1. Management and Utilization of the Database on State-owned Assets:

a) The database on state-owned assets is a part of the national database on state assets, constructed and managed uniformly throughout the country;

b) Information in the database on state-owned assets provided by competent authorities has legal value equivalent to paper records;

c) The database on state-owned assets is a public asset that must be strictly secured for safety; all unauthorized access, destruction, or distortion of information in the database is strictly prohibited;

d) The utilization and use of information and data on assets must comply with regulations; unauthorized exploitation and use of information without permission from competent state authorities is not allowed;

e) The content, structure, data entry methods, and utilization of the database on state-owned assets are implemented according to the regulations of the Ministry of Finance.

2. Responsibilities for Building the Database on State-owned Assets

a) The Ministry of Finance is responsible for organizing the construction, management, and operation of the database on state-owned assets;

b) Ministries, central agencies, and provincial People's Committees have the responsibility to direct reporting and declaration, implement information updates, ensure connectivity and integration with the database on state-owned assets.

Chapter VI

IMPLEMENTATION

Article 37. Effectiveness and Implementation

1. This Decree takes effect from the date of issuance.

2. This Decree replaces Government Decree No. 29/2014/NĐ-CP dated April 10, 2014, which stipulates the authority and procedures for establishing state ownership rights over assets and managing and disposing of state-owned assets, and Government Decree No. 96/2009/NĐ-CP dated October 30, 2009, concerning the handling of buried, hidden, submerged, or sunken assets discovered or found within Vietnam’s mainland, islands, and territorial waters.

3. For assets with established state ownership rights before the effectiveness of this Decree but not yet approved by competent authorities for disposal plans, management and disposal shall be carried out according to this Decree. In cases where assets have been approved for disposal plans before the effectiveness of this Decree but have not yet been completed, disposal shall continue, and the proceeds from the disposal shall be managed and utilized according to this Decree.

4. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees, and Heads of related agencies are responsible for implementing this Decree./.