Circular No. 46-TTg of 1962 stipulates the management of chattels belonging to absent owners in cities and towns. The administrative committee has the responsibility to inventory, preserve, and dispose of such property according to specific guidelines set forth in the circular.
Đối tượng áp dụng
Administrative committees of cities, districts, provinces; local housing and land management agencies
Các điểm cốt lõi
- Administrative committees of cities, districts, and provinces are responsible for inventorying and managing chattels belonging to absent owners (Article 1).
- Property is divided into two categories: Category One includes heirlooms and religious items that need preservation; Category Two includes other household items that may be auctioned or destroyed (Article 2).
- Revenue from the auction of Category Two property must be deposited into the Bank to be returned to the owner when they return (Article 2).
- Decisions on the disposal of absent property must be approved by the administrative committee of the district, city, or province (Article 3).
- Property with legitimate managers does not fall within the scope of this Circular.
🌐 Tác động xã hội từ văn bản này
- To help protect and maintain absent property well so it can be returned to its owner upon their return.
- It may cause difficulties for legitimate managers if they are not familiar with the provisions of this Circular.
❓ Câu hỏi thường gặp
What responsibilities does the city's administrative committee have regarding absent property?
The city's administrative committee is responsible for inventorying and managing absent chattels in accordance with the provisions of this Circular.
Which property is preserved, which is auctioned?
Heirlooms and religious items are preserved; other household items may be auctioned or destroyed.
How is revenue from auctions used?
This revenue must be deposited into the Bank to be returned to the owner when they return, or gradually withdrawn to repair houses and preserve property.
Who decides on the disposal of absent property?
Decisions to sell at auction, destroy damaged items, or retain for preservation must be approved by the administrative committee of the district, city, or province.
Does property with legitimate managers fall within the scope of this Circular?
No, property with legitimate managers (biological parents, biological children, legally married spouses) does not fall within the scope of this Circular.
Toàn văn
CIRCULAR
OF THE COUNCIL OF MINISTERS' CIRCULAR NO. 46/TTG DATED APRIL 18, 1962
ON THE MANAGEMENT OF PERSONAL PROPERTY BELONGING TO ABSENT OWNERS
IN CITIES AND DISTRICTS
The Council of Ministers issued Circular No. 6037/NC on December 27, 1956, and the Government Council promulgated Decree No. 24/CP on February 13, 1961, regulating the protection and management of personal property belonging to absent owners, with the aim of preserving it well for return to the original owner upon their return. Currently, some personal properties of absent owners have begun to deteriorate, and some have rotted due to prolonged neglect or lack of funds for maintenance.
This Circular stipulates the principles governing the management of personal property belonging to absent owners who do not have a legitimate manager.
1) For absent-owner property, the municipal, district, and provincial administrative committees shall be responsible for managing both movable and immovable property.
Local housing and land management agencies shall assist the municipal, district, and provincial administrative committees in inventorying and properly managing personal property belonging to house owners currently absent from the Northern region and without a legitimate manager.
This inventory must be based on the list left by the owner when they were absent. If there is no such list left by the owner, the inventory will be based on the current assets within the house and declarations made by those residing in the houses.
2. During the inventory, personal property must be divided into two categories.
Category one includes family heirlooms, religious items, rare objects, memorabilia, etc.
Category two includes chairs, beds, cabinets, table fans, ceiling fans, bowls, plates, trays, pots, and other daily necessities.
Personal property mentioned in category one above must be preserved for return to the owner upon their return.
As for personal property mentioned in category two above, a committee shall be established to auction off items still usable and destroy those that are damaged beyond repair.
Proceeds from the auction of personal property in category two must be deposited into a bank to be returned to the absent owner upon their return, or gradually withdrawn for repairs to their homes or preservation of personal property in category one mentioned above.
3. Decisions to sell at auction, decisions to destroy damaged items, decisions to retain for preservation, and withdrawals of proceeds from the sale of personal property for repairs to the absent owner's home must all be approved by the municipal, district, and provincial administrative committees.
4. Personal property currently managed by a legitimate manager (biological parents, biological children, legal spouses) does not fall under the scope of this Circular.
PRIME MINISTER
PHAM VAN DONG
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