Decree 45/2026/TT-BTC Amending and Supplementing Certain Articles of Decree No. 29/2020/TT-BTC dated April 17, 2020 by the Minister of Finance on Implementing Administrative Sanctions for Violations in the Management of State Assets

CIRCULAR
Amending and Supplementing Certain Articles of Circular No. 29/2020/TT-BTC dated April 17, 2020 by the Minister of Finance on Implementing Administrative Sanctions for Violations in the Field of Public Asset Management

Based on Decree No. 15/2012/QH13 on Handling Violations and Discipline, amended and supplemented by Decrees Nos. 54/2014/QH13, 18/2017/QH14, 67/2020/QH14, 9/2022/QH15, 56/2024/QH15, and 88/2025/QH15;

Based on Decree No. 15/2017/QH14 on Management and Use of Public Assets, amended by Decrees Nos. 64/2020/QH14, 7/2022/QH15, 24/2023/QH15, 31/2024/QH15, 56/2024/QH15, and 90/2025/QH15;

Based on Decree No. 63/2019/NĐ-CP dated July 11, 2019 by the Government on Administrative Sanctions for Violations in the Field of Public Asset Management; Thrift and Anti-Waste Practices; National Reserves; State Treasury, amended and supplemented by Decrees Nos. 102/2021/NĐ-CP and 55/2026/NĐ-CP;

Based on Decree No. 29/2025/NĐ-CP dated February 24, 2025 by the Government on Functions, Powers, Tasks, and Organizational Structure of the Ministry of Finance, amended and supplemented by Decree No. 166/2025/NĐ-CP;

In accordance with the proposal of the Director of the Public Asset Management Department;

The Minister of Finance promulgates this Circular amending and supplementing certain articles of Circular No. 29/2020/TT-BTC dated April 17, 2020 by the Minister of Finance on Implementing Administrative Sanctions for Violations in the Field of Public Asset Management.

Article 1. Add Article 3a after Article 3

"Article 3a. Determination of the Value of Assets
1. The value of assets as provided at point d, clause 1, Article 4 of Decree No. 63/2019/NĐ-CP dated July 11, 2019 by the Government on Administrative Sanctions for Violations in the Field of Public Asset Management; Thrift and Anti-Waste Practices; National Reserves; State Treasury, amended and supplemented by Decrees Nos. 102/2021/NĐ-CP dated November 16, 2021 and 55/2026/NĐ-CP dated February 9, 2026 of the Government (hereinafter referred to as Decree No. 63/2019/NĐ-CP) is determined as follows:
a) The remaining value of the asset according to the accounting records. In case the remaining value of the asset equals zero (=0), the value of the asset shall be calculated at 20% of its original cost.
b) In cases where the asset has not been recorded or entered in the accounting books, the value of the asset is determined based on the origin of the asset and relevant documents (if any) according to the provisions of the law governing the management, depreciation, and amortization applicable to such assets.
c) For assets that do not meet the criteria for fixed assets, the determination of the value of the asset shall be carried out in a manner similar to the determination of the remaining value of assets of the same type as provided at points a and b of this clause.
2. In cases where it is impossible to apply the provisions of paragraph 1 for determining the value of the asset, the person with authority to impose administrative sanctions in the field of public asset management shall decide to establish an Appraisal Committee to determine the value of the asset. The composition of the committee shall be carried out according to the provisions at clause 3 of Article 60 of the Law on Handling Violations and Discipline.
3. The operating principles of the Appraisal Committee as provided in paragraph 2 are as follows:
a) Depending on the nature, characteristics, and condition of the asset to be appraised, the Appraisal Committee shall conduct market price surveys and collect relevant information about the asset to be appraised using at least one of the following methods: Market price survey based on wholesale or retail prices of similar assets; study of asset prices as determined by competent state agencies that have been applied in the locality; reference to asset valuation prices provided by enterprises, asset valuation documents attached to the asset to be appraised, and other sources of information regarding the value of the asset.
b) The Appraisal Committee operates on a collective decision-making principle. A session for valuing an asset shall only proceed when at least two-thirds of the committee members are present; in cases where the committee has three members, all three must be present. The chairman of the committee presides over the session to appraise the asset. Before convening the session, absentees must submit a written notice to the chairman explaining their absence and providing any relevant comments on issues related to the value of the asset.
The Appraisal Committee concludes about the value of the asset based on the majority opinion including voting and approval by committee members present at the session and in writing from those who were absent. In case of a tie, the decision is made by the chairman's vote. Members of the committee may reserve their opinions if they disagree with the conclusion regarding the value of the asset reached by the Appraisal Committee; such reservations are recorded in the Asset Valuation Minutes.
c) The Appraisal Committee shall prepare minutes on the valuation of assets, fully and truthfully reflecting the entire process of valuing the asset. Such minutes must be kept in the asset valuation file.
The main content of the Asset Valuation Minutes includes: names and titles of the chairman and members of the committee; names and titles of those present at the session (if any); time and place of conducting the asset valuation session; results of market price surveys and information collection related to the asset to be appraised; opinions of committee members; opinions of those present at the session (if any); voting results of the committee; time and place of completing the asset valuation session; signatures of the chairman and members of the committee.
d) The Appraisal Committee terminates its operations after completing the tasks specified in the decision to establish the committee. Any subsequent situations arising after the termination of the committee's activities will be handled by the competent authority that established the committee."
4. The authority responsible for administrative penalty enforcement in the field of public asset management shall determine the value of the assets specified in paragraph 1 of this Article. The individual or organization that has committed an administrative offense is responsible for cooperating with the Valuation Committee specified in paragraph 2 of this Article to determine the value of the asset.
5. The calculation of the remaining value of the asset to determine the value exceeding the provisions at point a, clause 7, Article 8 of Decree No. 63/2019/NĐ-CP in cases where there are no legal provisions on the management regime, depreciation, and amortization applicable to such assets shall be carried out in accordance with the provisions of clauses 2, 3, and 4 of this Article.
Article 2. Repeal or Amendment of Certain Terms and Provisions
1. Replace the term "field of management and use of public assets" with the term "field of management of public assets" in the title of the Circular, Chapter II title, and Articles 1, 2, and 3.
2. Replace the term "political-social organization" with the term "Vietnam Fatherland Front (including political-social organizations and mass organizations assigned by the Party and State to be directly subordinate to the Vietnam Fatherland Front)" in point d of clause 1 of Article 2, title of Article 6, and clause 1 of Article 6.
3. Replace the term "paragraph 3 of Article 6 of Decree No. 63/2019/NĐ-CP" with the term "paragraph 1 of Article 6 of Decree No. 63/2019/NĐ-CP" in clause 3 of Article 4.
4. Replace the term "paragraph 2 of Article 8 of Decree No. 63/2019/NĐ-CP" with the term "paragraph 4 of Article 8 of Decree No. 63/2019/NĐ-CP" in clause 1 of Article 6.
5. Replace the term "Decree No. 29/2018/NĐ-CP dated March 5, 2018, of the Government on procedures and formalities for establishing state ownership rights over assets and handling assets with established state ownership rights" with the term "Decree No. 77/2025/NĐ-CP dated April 1, 2025, of the Government on authority and procedures for establishing state ownership rights over assets and handling assets with established state ownership rights, as amended by Decree No. 286/2025/NĐ-CP dated November 3, 2025, amending and supplementing certain provisions of various Decrees in the field of management and use of public assets" in clause 1 of Article 10.
6. Abolish the term "investment," in the title of Article 4, clause 3 of Article 4.
7. Abolish the term "organizational body of a political-social organization" in clause 1 of Article 6.

8. Abolish clauses 1 and 2 of Article 4, clause 1 of Article 5, clauses 1 and 2 of Article 8, and clause 2 of Article 9.

Article 3. Provisions for Implementation

1. This Circular shall take effect on June 15, 2026.

2. In the event that any legal provisions referred to in this Circular are amended or supplemented by another legal provision, implementation shall be carried out in accordance with the provisions of the amending or supplementary document.

3. The Minister, Heads of Sectoral Ministries, Heads of Government Agencies Directly Subordinate to the Government, Chairmen of People's Committees at Provincial Level and relevant organizations and individuals are responsible for implementing the provisions of this Circular./

Central Committee of the Party;

Office of the Central Committee and various Party Committees;

Office of the General Secretary;

Office of the President;

Office of the Government;

Office of the National Assembly;

Prime Minister, Deputy Prime Ministers of the Government;

Vietnam Fatherland Front Central Committee

Ethnic Affairs Council and various Committees of the National Assembly;

Ministries, Sectoral Ministries

Supreme People's Court;

Supreme People's Procuratorate;

Office of the Auditor General;

Central Organs of Various Mass Organizations;

People's Councils and People's Committees at Provincial Level; Office for Reviewing Legal Documents and Organizing Implementation of Laws

(Ministry of Justice);

Official Gazette:

Government Information System Website;

Financial Ministry Information System Website;

Units under the Ministry of Finance;

Lvu: VT, QLCS. (4U.b) /whw