Circular No. 29/2020/TT-BTC guiding the implementation of administrative penalties in the field of management and use of state assets

CIRCULAR

Guidelines for Implementing Administrative Offense Penalties
in the Field of Management and Use of State Assets

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

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

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Offenses;

Pursuant to Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Offenses;

Pursuant to Decree No. 63/2019/NĐ-CP dated July 11, 2019 of the Government stipulating administrative offense penalties in the field of management and use of state assets; thrift and anti-waste practices; national reserves; state treasuries;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Department of State Asset Management,

The Minister of Finance issues this Circular guiding the implementation of administrative offense penalties in the field of management and use of state assets.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of administrative offense penalties in the field of management and use of state assets as prescribed in Decree No. 63/2019/NĐ-CP dated July 11, 2019 of the Government stipulating administrative offense penalties in the field of management and use of state assets; thrift and anti-waste practices; national reserves; state treasuries (hereinafter referred to as Decree No. 63/2019/NĐ-CP).

Article 2. Applicability

1. Organizations and individuals committing administrative offenses in the field of management and use of state assets include:

c) Land users as prescribed by the Land Law.

b) Units of the People's Armed Forces;

c) Public service organizations;

d) Party organizations of the Communist Party of Vietnam;

đ) Political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, other organizations established in accordance with laws on associations; enterprises and other entities related to the management and use of state assets;

g) Individuals.

2. Persons authorized to impose penalties and organizations and individuals related to the imposition of administrative offense penalties in the field of management and use of state assets as prescribed in Decree No. 63/2019/NĐ-CP.

Article 3. Principles for Determining Fine Amounts

Specific principles for determining fine amounts for administrative offenses in the field of management and use of state assets prescribed in Sections 1, 2, 3, and 4 of Chapter II of Decree No. 63/2019/NĐ-CP are as follows:

1. The specific fine amount for a single administrative offense without aggravating or mitigating circumstances is the midpoint between the maximum and minimum levels of the fine range specified for that offense. If there are mitigating circumstances, the fine amount may be reduced but not below the minimum level of the fine range; if there are aggravating circumstances, the fine amount may be increased but not above the maximum level of the fine range.

2. Aggravating and mitigating circumstances shall be implemented in accordance with Articles 9 and 10 of the Law on Handling Administrative Offenses dated June 20, 2012.

Chapter II

GUIDELINES FOR ADMINISTRATIVE OFFENSE PENALTIES

IN THE FIELD OF MANAGEMENT AND USE OF STATE ASSETS

Article 4. Violations of Provisions on Investment and Procurement of State Assets at Agencies, Organizations, and Units as Prescribed in Article 6 of Decree No. 63/2019/NĐ-CP

3. The act of investing in or procuring assets exceeding standards and quotas set by competent state agencies under Clause 3, Article 6 of Decree No. 63/2019/NĐ-CP is the act of constructing or procuring assets exceeding area standards (for office premises and activity facilities), quantity standards, or price standards (for means of transportation, machinery, equipment, and other assets) compared to the prescribed standards and quotas.

Article 5. Violation of the provisions on renting assets at agencies, organizations, units as stipulated in Article 7 of Decree No. 63/2019/NĐ-CP

The authority to decide on asset rental shall be implemented in accordance with the provisions of the Law on Management and Use of Public Assets and detailed regulations and guiding documents.

2. The act of renting assets exceeding the standards and quotas as specified in point b, Clause 1, Article 7 of Decree No. 63/2019/NĐ-CP is the act of renting assets for activities that exceed the area (for office premises, activity bases of public service organizations), exceed the quantity, or exceed the price (for means of transportation, machinery, equipment, other assets) compared to the prescribed standards and quotas.

Article 6. Violation of the provisions on using public assets at public service organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and other organizations established in accordance with the law on associations for business purposes, leasing, joint ventures, and cooperation as stipulated in Article 13 of Decree No. 63/2019/NĐ-CP

1. The penalty for violating the provisions on using public assets at public service organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and other organizations established in accordance with the law on associations for business, leasing, joint ventures, and cooperation shall be carried out in accordance with the provisions of Article 13 of Decree No. 63/2019/NĐ-CP. However, for state agencies, people's armed forces units, Communist Party of Vietnam agencies, and political-social organization agencies using public assets for production, business services, leasing, joint ventures, and cooperation, the penalty shall be carried out in accordance with the provisions of Clause 2, Article 8 of Decree No. 63/2019/NĐ-CP.

2. The act of using public assets for business, leasing, joint ventures, and cooperation without a decision from the agency or person with authority as stipulated in Clause 1, Article 13 of Decree No. 63/2019/NĐ-CP is the act of using public assets for business, leasing, joint ventures, and cooperation where, at the time of signing a business, leasing, joint venture, or cooperation contract or when actually using public assets for business, leasing, joint ventures, and cooperation, there is no Decision approving the Project on using public assets for business, leasing, joint ventures, and cooperation from the competent authority.

Article 7. Violation of the provisions on logging in and using data on public assets as stipulated in Article 17 of Decree No. 63/2019/NĐ-CP

Using data on public assets in the National Database on Public Assets for personal purposes without permission from the managing authority of that database as specified in point d, Clause 2, Article 17 of Decree No. 63/2019/NĐ-CP is the act of using information stored in the National Database on Public Assets for purposes other than those prescribed in Circular No. 67/2018/TT-BTC dated August 6, 2018 of the Ministry of Finance guiding the management, operation, exchange, and exploitation of information in the National Database on Public Assets without permission from the managing authority of that database.

Article 8. Violation of the provisions on the allocation of assets for state-funded projects as stipulated in Article 18 of Decree No. 63/2019/NĐ-CP

3. The act of purchasing assets exceeding the standards and quotas prescribed by the competent state agency in Clause 3 of Article 18 of Decree No. 63/2019/NĐ-CP shall be determined in accordance with Clause 3 of Article 4 of this Circular.

4. The act of violating the regulations on leasing assets for the management work of state-funded projects as prescribed in Clause 4 of Article 18 of Decree No. 63/2019/NĐ-CP shall be determined in accordance with Article 5 of this Circular. The value of the asset lease contract serving as the basis for punishment shall be determined in accordance with Clause 4 of Article 7 of Decree No. 63/2019/NĐ-CP.

Article 9. Violation of the provisions on the transfer and use of assets for state-funded projects as stipulated in Article 19 of Decree No. 63/2019/NĐ-CP

1. The act of transferring assets of state-funded projects beyond the prescribed standards and quotas as stipulated in Clause 1 of Article 19 of Decree No. 63/2019/NĐ-CP is the act of allocating project assets to users or user units that exceed the area (for office premises, activity bases), quantity, or price (for means of transportation, machinery, equipment, other assets).

3. The act of appropriating assets of state-funded projects as stipulated in Clause 5 of Article 19 of Decree No. 63/2019/NĐ-CP, which is subject to administrative penalties, is the act of holding or using public assets without permission from the competent state agency but not reaching the level of criminal prosecution.

4. The act of violating the regulations on using assets of state-funded projects for business purposes, leasing, joint ventures, or joint operations as stipulated in Clause 6 of Article 19 of Decree No. 63/2019/NĐ-CP shall be determined in accordance with Clause 2 of Article 6 of this Circular.

Article 10. Violation of the provisions on the disposal of assets for state-funded projects as stipulated in Article 20 of Decree No. 63/2019/NĐ-CP

1. The act of failing to report to the competent state agency to establish the ownership of all people over assets transferred to the Government of Vietnam by experts or supervisory contractors of the project as stipulated in Point b, Clause 1 of Article 20 of Decree No. 63/2019/NĐ-CP is the act of exceeding the deadline prescribed in Decree No. 29/2018/NĐ-CP dated March 5, 2018, of the Government on the procedures and formalities for establishing the ownership of all people over assets and handling assets established as owned by all people without reporting to the competent state agency to complete the formalities for establishing the ownership of these assets.

2. The act of selling, transferring, liquidating, or destroying assets without the decision of the competent authority as stipulated in Clause 3 of Article 20 of Decree No. 63/2019/NĐ-CP is the act of organizing the sale, transfer, liquidation, or destruction of assets at the time of performing the act without the Decision of the competent authority as prescribed by the law on the management and disposal of assets of state-funded projects.

Chapter III

IMPLEMENTATION

Article 11. Effective Date

1. This Circular takes effect from June 2, 2020.

2. This Circular replaces Circular No. 07/2014/TT-BTC dated January 14, 2014, of the Ministry of Finance detailing and guiding the implementation of administrative penalties in the field of managing and using state assets as prescribed in Decree No. 192/2013/NĐ-CP dated November 21, 2013, of the Government.

3. When the referenced documents for application in this Circular are amended, supplemented, or replaced by new documents, they shall be applied according to the amended, supplemented, or replacing documents.

4. During the implementation process, if any difficulties arise, it is recommended that agencies, organizations, and units promptly reflect them to the Ministry of Finance for consideration and coordination in resolving.