Pursuant to …;

Regarding the issuance Regulations on the management of state assets at organizations and administrative units under

the Ministry of Finance

_______________________

 THE MINISTER OF FINANCE

- Based on Decree No. 77/2003/ND-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

- Based on Decree No. 14/1998/ND-CP dated March 6, 1998 of the Government on the management of state assets;

- Based on Decree No. 10/2002/ND-CP dated January 16, 2002 of the Government on financial regulations applicable to public service units with income;

- Based on Decision No. 55/2000/QD-BTC dated April 19, 2000 of the Minister of Finance on the issuance of the Regulations on the management of the disposal of state assets at administrative and public service agencies.

Pursuant to the proposal of the Director of the Financial Management Department, the Office of the Ministry of Finance,

DECISION:

Article 1. The attached Decision issues the "Regulations on the management of state assets at organizations and administrative units under the Ministry of Finance."

Article 2. This Decision takes effect from the date of signature. It abolishes Decision No. 598/QD-BTC dated June 2, 2000 of the Minister of Finance on delegating authority to decide on the liquidation of state assets for units under and directly under the Ministry of Finance; Circular No. 4916 TC/TCKT dated May 29, 2001 of the Ministry of Finance on delegating authority to decide on the liquidation and transfer of assets for the National Reserve Corporation; Decision No. 17/2000/QD-BTC dated February 21, 2000 of the Minister of Finance on the special fixed assets of the finance sector.

Article 3. Heads of units and administrative and public service organizations under the Ministry of Finance shall be responsible for guiding and implementing these Regulations.

Article 4. The Director of the Financial Management Department, the Head of the Office of the Ministry of Finance, and the heads of administrative and public service organizations under the Ministry of Finance shall be responsible for enforcing this Decision./.

REGULATIONS

MANAGEMENT OF STATE ASSETS AT ORGANIZATIONS AND ADMINISTRATIVE UNITS UNDER THE MINISTRY OF FINANCE

(Issued together with Decision No. 3128/QD-BTC dated September 14, 2005 of the Minister of Finance)

____________________________

PART I

GENERAL PROVISIONS

Article 1. Scope and Applicability

1. These Regulations prescribe the management and use of state assets at organizations with vertical systems, administrative units, and public service organizations under the Ministry of Finance (hereinafter referred to collectively as organizations and administrative and public service units under the Ministry of Finance), including:

- Administrative units under the Ministry.

- Organizations with vertical systems under the Ministry: State Treasury, General Department of Taxation, General Department of Customs, National Reserve Corporation, Securities Commission (hereinafter referred to collectively as units at the General Department level).

Units directly under the vertical systems: Provincial State Treasuries, City State Treasuries, Tax Departments, Customs Departments, Regional Reserves, Units under the Securities Commission (hereinafter referred to collectively as units at the Department level).

Units directly under the Department-level units: District State Treasuries, County State Treasuries, Tax Inspection Offices, Customs Inspection Offices, and equivalent units (hereinafter referred to collectively as units at the Inspection Office level).

- Public service organizations under the Ministry: training organizations, public service units engaged in business and services (including public service units self-financing 100% of their regular operating costs).

2. These Regulations do not apply to the management of state assets at projects and enterprises under the Ministry of Finance. Projects under the Ministry shall manage project assets according to separate regulations.

For state assets entrusted for management in the fields of security and defense (weapons, support tools, etc.), and other special assets (National Reserve Warehouses, etc.), in addition to managing and using them according to these Regulations, they must also comply with regulations of the Ministry of Defense, the Ministry of Public Security, and other specific regulations of the Ministry of Finance.

3. The objects of management include tangible and intangible fixed assets that meet the criteria for fixed assets as stipulated in Article 3 of Decision No. 351-TC/QD/CĐKT dated May 22, 1997 of the Minister of Finance (excluding assets as specified in Decision No. 17/2000/QD-BTC dated February 21, 2000 of the Minister of Finance).

Article 2. State assets under the management of the Ministry of Finance

1. State assets at organizations and administrative and public service units under the Ministry of Finance are assets formed due to:

- Assets assigned by the State for management and use by the unit, or purchased and acquired by the unit from state budget funds, income from public services, other legitimate sources of funding and funds of the unit.

- Assets received from the following sources: Assets received as aid from foreign governments, non-governmental organizations, and international organizations; assets donated by domestic and foreign organizations and individuals; assets transferred from projects upon completion of activities; assets transferred from units outside the sector.

2. State assets at organizations and administrative and public service units under the Ministry of Finance include:

- Land;

- Buildings, warehouses, architectural structures;

- Machinery and equipment;

- Transportation means, transmission equipment;

- Management means;

- Intangible fixed assets: Software, copyright, patents; other intangible fixed assets.

- Other types of fixed assets.

State assets under the management of the Ministry of Finance are classified in detail and coded according to the internal asset management program.

Article 3. Principles of managing state assets within the finance sector

The Ministry of Finance uniformly manages planning and development of material infrastructure and assets across the entire sector. Issuing specific documents to concretize state regulations or set standards and quotas for asset usage applicable within the sector. Implementing decision-making authority over state assets within the sector, or delegating分级管理权和处理资产的权限给下级单位，按照本章程的规定。

Units responsible for managing state assets and those directly using assets must manage assets according to the contents stipulated in Article 4 of this Regulation.

Units directly using assets must use them strictly for their intended purposes, in accordance with usage standards and quotas, technical standards, and functions of the assets, and comply with asset management and usage regulations to ensure economy and efficiency in serving work and activities of the unit. It is strictly prohibited to use state assets for personal purposes.

Article 4. Contents of managing state assets within the finance sector

- Issuing normative legal documents on the management and use of state assets to be implemented uniformly in internal units of the sector.

- Developing plans for the development and strengthening of material infrastructure within the sector.

- Organizing the implementation of systems and regulations on the management and use of state assets (establishing asset files, registering assets, issuing certificates of management and use rights, managing assets during use, exploiting assets, changing functions, changing ownership, inventory taking, reporting, implementing hierarchical management and disposal of assets...).

- Inspecting and supervising compliance with state regulations on the management and use of state assets at units. Resolving disputes, complaints, and accusations regarding violations in the management and use of assets.

Chapter II

SPECIFIC PROVISIONS

Part I: PROVISION OF STATE ASSETS

Article 5. Principles and methods of providing state assets

1. Provision of state assets to organizations and administrative and public service units under the Ministry of Finance must be based on usage standards and quotas set by the State and the Ministry of Finance; based on the needs for asset usage to serve the activities of the unit according to its assigned functions and tasks and the annual financial resources available.

2. The provision of state assets shall be carried out according to the plan approved by the competent authority, ensuring principles of economy and effectiveness, consistent with the functions and tasks of the unit.

In cases where assets need to be replaced due to natural disasters or floods, the Ministry of Finance permits the head of the unit directly using the assets to decide on replacement or repair of the assets to promptly put them back into operation, while reporting to the Ministry of Finance and the immediate superior management unit to supplement the plan.

3. The provision of state assets to organizations and administrative and public service units under the Ministry of Finance shall be carried out through the following methods:

- Direct investment in construction and purchase of assets.

- Article on transferring assets within the industry.

- Accepting assets from aid sources, projects; assets transferred from units outside the industry; assets received as gifts or donations.

Article 6. Standards and quotas for asset usage.

- The Ministry of Finance shall uniformly issue specific documents to concretize the State's regulations on standards and quotas for using assets such as office premises and cars. Regulations on standards and quotas for using assets such as ships, motorcycles, and specialized equipment shall be applied internally within the industry. Regulations on standards and quotas for using other types of assets shall be applied in administrative units and public institutions under the Ministry (units under the Ministry’s agency system and public institutions under the Ministry).

- The General Department-level unit shall take the lead in establishing regulations on standards and quotas for using other types of assets (excluding those set by the State and the Ministry of Finance), submit them to the Ministry of Finance for review before signing and issuing them for application throughout the entire system.

Article 7. Authority to decide on asset allocation, investment, and construction.

Each year, the unit directly using the assets shall prepare plans for asset allocation and send them to the immediate superior management authority for consolidation and reporting to the General Department and the Ministry of Finance for approval. The authority to decide on asset allocation shall be implemented as follows:

1. Authority to decide on asset allocation:

- The Ministry of Finance approves:

+ Long-term and annual plans for allocating assets to General Department-level units for assets such as: Cars; Waterway transportation means with an initial value of VND 300 million or more per asset; Machinery, fixed assets, and software with an initial value of VND 300 million or more per asset.

+ Long-term and annual plans for allocating assets to administrative and public institutions under the Ministry for assets such as: Cars; Machinery, fixed assets, and software with an initial value of VND 100 million or more per asset.

- Heads of General Department-level units decide on the allocation of other assets throughout the system, excluding those within the authority of the Ministry as mentioned above.

- Heads of administrative and public institutions under the Ministry decide on the allocation of machinery, fixed assets, and software with an initial value below VND 100 million per asset.

2. Authority to decide on investment, construction, upgrading, renovation, and major repairs of office premises:

The Ministry of Finance shall uniformly manage planning and investment plans for constructing office premises within the financial industry. Submitting plans for allocating office premises to administrative and public institutions under the Ministry for approval by the competent authority.

The Ministry of Finance delegates to General Department-level units the authority to make decisions on investment or major repairs of office premises based on approved industry planning, in accordance with current classification regulations.

The implementation of asset allocation, procurement, investment, construction, upgrading, renovation, and major repairs at administrative and public institutions under the Ministry must comply with State regulations on tendering for goods procurement, basic construction management systems, and the Ministry of Finance's regulations on asset procurement tendering and internal industry construction investment management.

Assets subject to valuation appraisal according to the Price Law must be appraised by relevant authorities before deciding on investment or procurement of assets.

Mục II : MANAGEMENT AND USE OF ASSETS

Article 8. Use of Assets

The use of assets must be in accordance with their intended purpose, in compliance with prescribed standards and usage norms, and in line with the technical specifications and functions of each type of asset.

Assets assigned for management must be put into use immediately. Within twelve months, if an asset is not utilized, it must be recovered according to the分级限制，我将停止在这里。如果您希望继续翻译，请指示。

Assets handed over to individuals or units for use must establish asset cards according to the common model, maintain asset tracking books, specify individual and organizational responsibilities for the use of assigned assets. Assets must be used for a minimum period as prescribed by the current depreciation system. If they are damaged before the prescribed time, reports must be made, the causes clearly identified, responsibilities determined, and material compensation or disciplinary action taken according to the Civil Servant Ordinance.

During the usage period, units must perform regular maintenance, repair, and overhaul of assets. Major repairs of assets are carried out according to plans, projects, and budgets approved by competent authorities and from annual funding allocated. Maintenance and repair costs for assets are funded from the unit's annual operating budget. In cases where assets require repairs with funds from administrative fines, compensation funds, or insurance payments from other agencies for asset damage, the unit may use these funds for asset repairs.

For unused assets that are no longer needed or are unusable, recovery, reallocation, sale, or liquidation shall be implemented according to分级授权和本规定。处理资产的决定（收回、调拨、转换功能、转换所有权、处置资产）均须基于资产登记表。

For assets in public service units with income, when the state permits their use for collateral, mortgage, borrowing, or joint venture capital contributions, the Ministry of Finance will provide specific guidance in another document to ensure uniform implementation within units under the Ministry.

Article 9. Asset Registration

1. State assets at organizations and administrative and public service units under the Ministry of Finance must be managed and registered in accordance with the provisions of the Law.

Types of assets required to be registered for management include: Office buildings and land; Cars; Waterway transportation means valued at 300 million VND/unit or more at initial value; Other assets valued at 300 million VND/unit or more at initial value. 

Assets of the types mentioned above that require registration are assigned asset codes by the Ministry of Finance to facilitate internal asset management. The asset code is issued simultaneously with the asset registration process.

2. Responsibilities of units in asset registration:

Units directly using assets must declare and register assets according to the prescribed form.

Higher-level managing units: Review and confirm the asset declaration form and submit it to the Ministry of Finance for issuance of the asset management and use certificate.

The Ministry of Finance will issue asset registration codes and asset management and use certificates to internal units.

3. Time for asset registration:

- Initial asset registration should be completed immediately after the completion of investment construction, procurement, or receipt of assets.

Re-registration of assets should be conducted when there are changes to previously registered assets, such as changes in ownership, use, cessation of use, or changes in scale.

4. Asset registration documents:

a) For office buildings and land:

- Registration of office buildings and land is carried out in accordance with Decision No. 20/1999/QĐ-BTC dated February 25, 1999, of the Minister of Finance on the issuance of regulations on the management and use of office premises in administrative and public service agencies.

- Registration documents include: Declaration form Model 01 (attached to this Regulation); Notarized copies of property files, decisions on land allocation, project approval decisions for construction investment, floor plans of each building and land plots.

b) For other types of assets: Cars; Waterway transportation means valued at 300 million VND/unit or more at initial value; Other assets valued at 300 million VND/unit or more at initial value.

Registration documents include: Declaration form Model 02 (attached to this Regulation); Copies of asset files (no notarization required): Purchase contracts, invoices, vehicle registration certificates, relevant functional agency permits (if applicable), asset acceptance decisions, and related documents for asset changes to be registered.

5. Asset registration procedures:

- Directly using units:

Declare and register office premises according to regulations, collect registration documents as specified, and submit them to the higher-level managing authority for confirmation.

- Higher-level managing units:

Review the declared registration documents, confirm the assets of subordinate units on Form 01 (or 02), and duplicate Form 01 (or 02) into two copies to send:

+ One copy of Form 01 (or 02) with registration documents to the Department of Financial Management of the Ministry of Finance for consolidation of industry office premises registration.

+ One copy of Form 01 (or 02) to intermediate management for consolidation of system-wide office premises registration.

- Department of Financial Management:

Review the declared registration documents, consolidate industry-wide office premises registration, and coordinate with the State Asset Management Bureau and the Bureau of Information Technology and Financial Statistics to issue asset codes and management and use certificates.

6. Time limit for asset registration:

- For initial registration: Units must declare and register immediately after purchasing, constructing, or receiving assets.

- For re-registration of assets: Units must declare to change the asset certificate within 20 days from the date of asset changes (due to upgrades, renovations, divisions, mergers, transfers, liquidations...).

- The Department of Financial Administration shall take the lead and coordinate with the State Asset Management Agency and the Information Technology and Financial Statistics Agency to assign asset codes and register assets of units within twenty days from the date of receiving complete registration documents from the units.

Article 10. Depreciation and Amortization of Fixed Assets

1. Fixed assets used for activities of organizations and administrative units under the Ministry shall be depreciated according to the depreciation system for assets at administrative and public service agencies. Fixed assets of self-financing public service units used for production, business, and service activities shall be amortized according to the system applicable to state-owned enterprises.

The period of use and annual depreciation rate for each type of fixed asset shall be implemented in accordance with the current regulations of the State, specifically as detailed in Appendix 3 attached to this Regulation. Some assets have specific depreciation rate frameworks suitable for the characteristics of the financial sector, such as: the usage period for computers is six years. The usage period for intangible fixed assets ranges from three to twenty years.

2. The amount of depreciation of fixed assets and proceeds from the liquidation of assets of public service units shall be retained for investment to enhance material facilities and update equipment of the unit.

Article 11. Accounting, Inventory, Statistics, and Reporting on Assets

Administrative and public service organizations under the Ministry of Finance must carry out accounting, inventory, statistics on assets, and regular or ad hoc reports on asset conditions to serve management work at various levels according to the stipulated regulations.

1. Asset accounting shall be conducted in accordance with the Accounting Law and guiding documents on asset accounting. For public service units, assets used for production, business, and service activities must be separately accounted for and tracked in terms of quantity and value to serve management work and depreciation as prescribed.

2. Annually, upon completion of operations, units must organize asset inventories at their own units according to asset management regulations. Based on the results of the inventory, assess the asset management situation and handle excess or missing assets of their own units, while reporting to higher-level management authorities within the specified time and format.

3. Asset statistics and periodic annual asset reports:

Asset reports of administrative and public service organizations under the Ministry of Finance shall be carried out using internal asset management software of the industry. Units shall submit reports in writing and simultaneously send report data files or transmit information to the Ministry of Finance (Department of Financial Administration) for comprehensive consolidation across the industry.

The system of reporting forms for asset statistics according to the asset management program of the finance industry and some forms prescribed in this Regulation (Appendix 4 attached).

The deadline for submitting annual asset reports is as follows:

- Units under General Departments and units under the Ministry with subordinate units shall prepare asset status reports of their subordinate units and submit them to the Ministry of Finance (Department of Financial Administration) before March 31 each year.

- Level 3 budget units directly under General Departments shall submit asset status reports to their immediate superior management authority before January 31 each year.

- Level 3 budget units under the Ministry shall submit asset status reports to the Ministry of Finance (Department of Financial Administration) before January 31 each year.

4. Ad hoc Reports:

In cases where the State requires ad hoc reports (national asset census, reports serving strategy development, planning...), or if units experience abnormal situations in asset management and utilization, they must submit written reports to their immediate superior management authority for advice on handling or send to the Ministry of Finance for handling according to the分级管理权限内的资产管理。

Article 12. Inspection and supervision of property management and utilization

The Minister of Finance decides to inspect compliance with property management and utilization regulations according to annual plans or at random for all administrative and public service organizations under the Ministry.

Heads of General Departments' units and units with subordinate units decide to inspect compliance with property management and utilization regulations according to annual plans or at random for units within their scope of management.

Units directly using property implement inspection and self-inspection systems for compliance with property management and utilization regulations as stipulated in Decision No. 1871/QD-BTC dated June 6, 2005 of the Minister of Finance on the issuance of Financial, Accounting, Property, Investment, and Construction Inspection Regulations for units and organizations under the Ministry of Finance.

Chapter III: DISPOSITION OF STATE PROPERTY

Article 13. Levels of authority for disposition of property (recovery, transfer, sale, liquidation of property)

1. the Ministry of Finance:

a) The Department of Financial Administration takes the lead and coordinates with the State Asset Management Agency to appraise and report to the Ministry for decision-making on disposition or to submit to competent authorities for disposition:

- Recovery, sale, and transfer of office premises of administrative and public service organizations under the Ministry.

- Transfer of office premises of administrative and public service organizations under the Ministry outside the sector or to enterprises under the Ministry.

b) The Department of Financial Administration appraises and submits to the Ministry for decision:

- Recovery of transportation and travel assets; other assets with an initial value of 300 million VND or more per unit asset of General Departments' units under the Ministry; other assets subject to recovery for transfer to units outside the vertical system, or transfer from administrative units under the Ministry to units within the vertical system, or units under the Ministry of Finance.

- Transfer of assets (including office premises) outside the internal system of the sector.

- Liquidation of real estate and other construction projects attached to land (except cases delegated below).

c) The Minister of Finance delegates to the Head of the Department of Financial Administration the authority to decide:

- Recovery of assets of projects managed by the Ministry of Finance upon completion for transfer to units within the internal system for management and utilization in accordance with state regulations.

- Transfer between units at the Bureau level within the same system for assets such as: cars; other assets of General Departments' units with an initial value of 300 million VND or more per unit asset. Transfer of car assets; other assets of administrative and public service units under the Ministry with an initial value of 100 million VND or more per unit asset.

- Liquidation of real estate and other construction projects attached to land in the following cases: Demolition to create open space around office premises; liquidation due to office premises being within the planning boundary and must be relocated and transferred to the local Land Clearance Committee.

- Liquidation of car assets and other assets when they meet the conditions for liquidation (having exceeded the usage period prescribed by law and the assets are unusable).

2. General Departments' units:

The head of the General Departments' unit decides on the recovery, transfer, and liquidation of assets under their management for:

- Liquidation of real estate and other construction projects attached to land in cases of demolition for renovation and new construction according to planning, plans, projects, and approved investment decisions.

- Transportation and travel assets such as motorcycles, ships (excluding inland waterway transport assets not subject to delegation).

- Other assets with an initial value of less than 300 million VND per unit asset.

- Transfer between Sub-Department units (within the same Bureau) for car assets and other assets as stipulated in the delegation regulations.

- Recovery of assets of projects directly implemented by the unit (under its own management) upon completion and other recoverable assets (delegated) for transfer to subordinate units for management and utilization in accordance with state regulations.

3. Bureau-level units:

The head of the Bureau-level unit decides on the transfer of assets within the internal system under their management (units at the district level and equivalent) for other assets assigned for management and utilization (excluding real estate, land, transportation, travel assets, and assets not subject to delegation).

4. Administrative and public service units under the Ministry:

The heads of administrative and public service units under the Ministry decide on the transfer of assets within their unit or organization under their management (subordinate units) for other assets assigned for management and utilization with an initial value of less than 100 million VND per unit asset (excluding real estate, land, transportation, travel assets, and assets not subject to delegation).

Article 14. Conditions for Handling State Assets

1. State assets at organizations and administrative units under the Ministry of Finance shall be recovered or transferred in the following cases:

- Assets purchased, supplied, or used beyond the standards and quotas prescribed by the State, the Ministry of Finance, and superior management agencies.

- Surplus assets that are not needed for use. Assets of units undergoing restructuring, reorganization, dissolution, merger, or consolidation, or due to changes in functions and tasks.

-  Assets serving project activities when the projects conclude.

- Real estate assets belonging to office premises within national planning or regional planning must be recovered to implement approved projects.

2. Administrative and public service units under the Ministry are permitted to sell or transfer state assets they manage and use in the following cases:

- Selling houses, transferring land use rights, and other construction works attached to land when relocation is carried out according to planning, rearrangement of office premises pursuant to decisions by competent state authorities;

- Selling or transferring other assets when modernization is required according to technical requirements, assets are no longer needed for use, or have been damaged and deteriorated and cannot ensure service operations. Selling or transferring assets to recover funds to be remitted to the State Budget in cases where surplus assets exceed usage standards and quotas but cannot be transferred to other units within the sector.

3. Unused and unusable assets may be liquidated according to regulations in the following cases:

 - Houses and other construction works attached to land that need to be demolished to implement investment construction projects, land clearance according to approved plans or projects, or are damaged and cannot be used and must be removed to ensure clear space and safety of office premises.

- Other assets (excluding houses and land) that are not needed for use and cannot be transferred to other units for use, shall be sold and liquidated to recover funds.

- Assets that are damaged and unusable or repair costs are too high and ineffective regarding asset utilization.

Article 15. Procedures and Formalities for Handling State Assets

1. Recovery of Assets:

- For assets due to unit reorganization or restructuring, the unit with the assets shall conduct an inventory and reassess the value of the assets to transfer them to another unit for use according to the decision of the superior management agency, or hand over the assets according to the recovery decision of the competent authority (as stipulated in the分级授权规定于本细则第13条)。

- For assets used contrary to their intended purpose or standards and must be recovered, decisions shall be made based on inspection reports and reports from management agencies.

1. Article 16. Asset Transfer:

- The asset transfer file includes:

+ A letter requesting asset transfer from the unit holding the assets.

+ A consolidated list of transferred asset items (attached model), reassessment records of asset values, and related documents such as land allocation certificates, property layout drawings, asset management and use certificates, etc.

+ A letter confirming receipt of assets from the receiving unit.

- Asset transfer procedures:

Asset transfers shall be conducted according to the分级授权规定于本细则第13条)。

 For surplus real estate assets belonging to office premises that the unit does not need, report to the Ministry of Finance for recovery and transfer to another unit within the sector for use. If transferred for local use or handed over to the Land Clearance Committee for handling, written opinions from the provincial People's Committee are required for the Ministry of Finance to consider and decide.

Units involved in receiving and transferring assets shall record increases and decreases in assets and manage and use assets in accordance with State regulations.

1. Liquidation of Assets:

- The asset liquidation file includes:

+ A letter requesting asset liquidation from the unit holding the assets.

+ A consolidated list of assets to be liquidated (attached model), reassessment records of asset values, and related documents such as pre- and post-liquidation property layout drawings for investment or renovation, investment approval decisions, asset management and use certificates, vehicle registration certificates, inspection certificates, etc.

+ Confirmation letters and appraisal opinions from superior management agencies regarding the assets to be liquidated by the unit. For assets liquidated by the Ministry of Finance, the direct superior management agency of the unit requesting liquidation must appraise the liquidation files and bear responsibility for directing the liquidation of subordinates' assets.

- Asset liquidation procedures:

 The head of the unit directly using the assets must immediately carry out asset liquidation upon receiving the liquidation decision from the competent authority (as stipulated in Article 13 of this Regulation). It is strictly prohibited for units with liquidation decisions not to carry out liquidation or to liquidate assets without a decision.

After the liquidation decision, the unit holding the assets must establish a liquidation committee, auction (for initial value below 10 million VND per asset item) or sign an auction contract through an authorized auction agency according to the Law (Government Decree No. 05/2005/NĐ-CP dated January 18, 2005 on Auctioning Assets, Circular No. 34/2005/TT-BTC dated May 12, 2005 of the Ministry of Finance on guiding the determination of starting prices and the transfer of state assets for auction). After completing the liquidation process, the unit shall account for the reduction in assets and their value, comply with reporting and registration systems according to current State regulations.

For intangible fixed assets which are software with an initial value of VND 300 million or more per software item, the Ministry of Finance shall issue a decision to liquidate such assets. Intangible assets with an initial value below VND 300 million per software item shall be decided on liquidation by the Heads of units at the General Department level. Intangible assets with an initial value below VND 100 million per software item shall be decided on liquidation by the Heads of administrative units and units under the Ministry that perform public services.

4. In cases of recovery, transfer, sale, or liquidation of assets, the managing authority may inspect the current status of the assets before issuing a disposal decision. Units directly managing and using the assets have the responsibility to provide complete files and report the current status of the assets to ensure timely decisions for effective management and use of the assets.

Article 16. Handling of proceeds from the sale and liquidation of assets

The Heads of units directly using the assets (budgetary units) are permitted to sell, transfer, or liquidate assets within the scope of their delegated authority, organize auctions for assets not needed, and liquidate assets according to the current regulations stipulated in the guiding documents on the auctioning of state-owned assets.

Proceeds from the sale and transfer of assets, as decided by the competent authority, after deducting related expenses (if any), must be remitted to the State budget (if the unit is an administrative entity), or used to supplement funds for investment in construction, procurement of assets according to the approved plan by the competent authority (if the unit is a public service entity). If an administrative entity wishes to use the proceeds from the sale or transfer of assets, it must obtain written approval from the Ministry of Finance.

Chapter III

IMPLEMENTING PROVISIONS

Article 17. Implementation Organization

The Heads of administrative and public service entities under the Ministry using state-owned assets must comply fully with the laws governing the management of state-owned assets, manage and use assets for their intended purposes, economically and efficiently; Publicize standards and usage quotas for assets, the asset situation of the unit; Register assets and comply with reporting requirements as prescribed; Implement investment in construction, procurement, and disposal of state-owned assets in accordance with this Regulation and other relevant laws.

Annually, after completing the inventory of assets and closing the accounting books, the unit is responsible for preparing a report on the current assets held by the unit and the changes in assets up to December 31 of the reporting year, to be submitted to the superior managing authority as prescribed in this Regulation. Along with the annual budget preparation period, the unit prepares a report on the need for investment in construction, procurement, and major repairs of assets for the planning year to be reported to the direct superior managing authority for review and inclusion in the State budget according to the provisions of the State Budget Law.

The Heads of agencies at the General Department level are responsible for directing, guiding, and supervising subordinate units within their jurisdiction to manage and use state-owned assets in accordance with this Regulation. Based on the assets delegated by the Ministry, the Heads of agencies at the General Department level will study and delegate authority to the Heads of subordinate units to decide on investment, procurement, liquidation, and transfer of assets.

Article 18. Responsibilities of Management Agencies and Coordinating Units

The Financial Administration Department is a first-level budget unit, advising the Ministry on state asset management within the Finance sector. It leads and coordinates with the State Asset Management Agency to manage and dispose of assets according to delegated authority. It implements state asset work throughout the sector.

The State Asset Management Agency, with its function of state management over state assets, guides and coordinates with the Financial Administration Department in managing state assets within the sector, registers assets and assigns asset codes as prescribed.

The Information Technology and Financial Statistics Bureau coordinates with the Financial Administration Department in managing state assets within the sector, registers assets and assigns asset codes as prescribed, develops management programs and creates internal sector state asset database. It instructs the Information Technology and Financial Statistics Bureau to guide the implementation of information technology management programs (within the Ministry's jurisdiction) at provincial finance departments and internal sector units; it coordinates with the Financial Administration Department to review applications for liquidation of information technology equipment and software before liquidation according to delegated authority of the Ministry.

Article 19. Implementation Provisions

Heads of units and administrative organizations under the Ministry are responsible for implementing this Regulation. In cases where unit heads fail to comply with asset management and usage regulations stipulated in this Regulation, apart from administrative disciplinary measures as prescribed by law, their units will not be considered for approval of investment plans and asset procurement according to delegated authority of the Ministry of Finance or General Department level.

Management agencies according to delegated authority have the right to suspend the execution of investment, procurement, recovery, transfer, sale, and liquidation decisions that exceed authority or contravene national regulations.

Units and individuals violating asset management and usage regulations, causing loss or damage to state assets, must compensate, and depending on the nature and extent of the violation, they shall bear disciplinary action under the Civil Servant Law, administrative penalties, or criminal liability as prescribed by law./.