Circular No. 54/TC-TCCB guiding the contents of the management of state assets of the Department of Finance - Price under central cities and provinces.

CIRCULAR

MINISTRY OF FINANCE DECREE NO. 54/TC-TCCB OF JULY 14, 1995

GUIDELINES ON THE CONTENTS OF THE MANAGEMENT OF STATE ASSETS BY PROVINCE AND CITY DEPARTMENTS OF FINANCE AND PRICES UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT. 

Pursuant to Decree No. 15/CP dated March 2, 1993 of the Government on the tasks, powers, and responsibilities for state management of ministries and ministerial-level agencies and Decree No. 178/CP dated October 28, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 347/TC-QĐ-TCCB dated April 26, 1995 of the Minister of Finance promulgating the Charter on the organization and operation of the State Asset Management Department under the Ministry; and Circular No. 03/TC-TT-TCCB dated January 4, 1995 of the Ministry of Finance guiding the functions, tasks, and organizational structure of the Departments of Finance and Prices.

In order for the Departments of Finance and Prices of provinces and centrally-administered cities (hereinafter referred to as "province") to have a basis for defining the functions and tasks of the State Asset Management Division, the Ministry of Finance provides specific guidelines on certain aspects of the management of state assets by the Departments as follows:

I - GENERAL TASKS IN MANAGING STATE ASSETS:

1/ To study and propose measures and regulations on finance aimed at managing and using state assets within the local jurisdiction effectively in accordance with the systems, policies, standards, and quotas prescribed by the State;

2/ To guide administrative and public service units under the province in implementing property management systems for state-owned assets and financial management systems for national resources, including those that have been surveyed but not yet put into exploitation;

3/ To guide and organize statistical work, consolidation, and analysis of the situation regarding the management and use of state assets and national resources managed by the province or authorized to manage; to implement regular and irregular reporting systems as required by the Chairman of the People's Committee of the province and the Minister of Finance;

4/ To organize inspections of the management, use, and exploitation of state assets and resources by administrative and public service units and economic organizations, and to recommend to competent authorities measures to ensure compliance with state regulations;

5/ To participate with relevant functional sectors of the locality in recovering state assets and resources from administrative and public service units and economic organizations, and to carry out asset and resource transfers according to decisions of the Chairman of the People's Committee of the province or the Minister of Finance;

6/ To manage and store files, documents, and data related to the management of state assets and financial management of national resources.

II - SPECIFIC TASKS IN MANAGING STATE ASSETS:

1/ For state assets in administrative and public service units of the locality funded by the State budget or with a budget origin, the Department of Finance and Prices has the following tasks:

a - To maintain records and manage all assets of administrative and public service units under provincial management and other assets of administrative and public service units entrusted by the central government, in accordance with the list prescribed by the Ministry of Finance;

b - To review annual plans for purchasing and repairing assets for administrative and public service units of the locality to submit to the People's Council and People's Committee for approval in accordance with the standards, quotas, systems, and policies prescribed by the State;

c - To participate in tendering or bidding committees for purchasing assets and liquidation committees for administrative and public service units under provincial management;

d - To manage and execute asset transfers from surplus to shortage areas, organize auctions for damaged or unused assets in administrative and public service units under provincial management according to decisions of the provincial People's Committee.

2/ For infrastructure assets, including roads, bridges, ports, dykes, cultural and educational facilities... managed by the locality, the Department of Finance and Prices has the following tasks:

a - To compile statistics and consolidate infrastructure assets of the locality in accordance with the provisions of the Ministry of Finance;

b - To participate with relevant sectors in planning and investment plans for infrastructure systems of the locality;

c - To review and provide opinions on annual plans for construction, maintenance, repair, and renovation of infrastructure assets to submit to the People's Council and People's Committee for approval and to participate in the acceptance of completed projects managed by the locality.

3/ For confiscated, seized, ownerless, and temporarily seized assets, the Department of Finance and Prices has the following tasks:

a - To organize the receipt and management of confiscated, seized, ownerless, and temporarily seized assets according to decisions of the provincial People's Committee or competent authorities;

b - To establish files recording and tracking confiscated, seized, ownerless, and temporarily seized assets, along with documents reflecting their value and condition;

c - To study and propose measures for handling these assets, and to implement their return, sale, or lease according to decisions of the provincial People's Committee or competent authorities.

4/ In the field of financial management of national resources, the Department of Finance and Prices has the following tasks:

a - To coordinate with state management agencies of national resources, establish files for managing and tracking quantities, reserves...of national resources assigned by the State for local management and use;

b - To review and provide opinions on annual plans for funding surveys, exploration, and protection of national resources assigned by the State for local management to submit to the People's Council and People's Committee for approval;

c - To participate with relevant agencies in organizing tenders for national resources under local management for organizations and individuals to exploit, and to recover them when the lease period expires, or according to decisions of the provincial People's Committee or competent authorities.

5/ In the field of land management, the Department of Finance and Prices has the following tasks:

a - To coordinate with the Land Administration Department and relevant sectors in consolidating land funds, types of land, and land use, land allocation, leasing situations, and valuation of land types assigned by the State for local management;

b - To review and provide opinions on annual plans for funding land surveying, zoning, and management to submit to the People's Committee and People's Council for approval.

6. In the field of managing donated assets, the Department of Finance and Prices shall have the following responsibilities:

a - Maintain books to track donated assets (both in-kind and in value) of the locality as notified by the State; and donations from non-governmental organizations, individuals both within and outside the country directly given to the locality;

b - Together with relevant sectors and agencies, determine the quantity and value of donated assets, record asset increases for beneficiary units, and coordinate to implement revenue and expenditure entries for organizations and units receiving donated assets, periodically reconcile with the Ministry of Finance's management agency regarding the donated assets of the locality.

7. While performing tasks related to state asset management, the Director of the Department of Finance and Prices has the authority:

a - Require administrative and service agencies under the province that are assigned to use and exploit state-owned assets and resources to report and provide necessary information and documents about such assets and resources;

b - Request subordinate organizations of the Ministry of Finance located in the province to provide financial management documents related to state-owned assets and resources, serving the assigned management tasks;

c - Prepare a budget for expenses to carry out assigned state asset management tasks beyond the administrative and service operation expense quota for approval by the Provincial People's Committee.

III - ORGANIZATION OF STATE ASSET MANAGEMENT AT THE DEPARTMENT OF FINANCE:

According to the guidance provided in Circular No. 03 - TC/TT/TCCB dated January 4, 1995 of the Ministry of Finance, the Department of Finance establishes a State Asset Management Office to assist the Director in implementing state asset management tasks at the local level.

The Department of Finance and Prices bases its decision on the characteristics of the situation and specific management tasks concerning natural resource-state asset management at the local level to determine the staffing for state asset management, and propose to the Provincial People's Committee to supplement staffing for the Department to establish a State Asset Management Office capable of fulfilling assigned tasks.