Decision No. 55/2000/QÐ-BTC on the issuance of regulations on the management of state asset disposal at administrative and public service agencies.

OF THE MINISTER OF FINANCE NUMBER 55/2000/QĐ-BTC DATED APRIL 19, 2000 ON THE ADOPTION OF REGULATIONS ON THE MANAGEMENT OF THE DISPOSAL OF STATE ASSETS AT ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS

THE MINISTER OF FINANCE

Pursuant to the Decree on Thrift and Anti-Waste dated February 26, 1998 of the Standing Committee of the National Assembly;
Pursuant to Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on state asset management;
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;
Pursuant to the Governmental Decree No. 178/CP dated October 25, 1994 on the tasks, powers, and organizational structure of the Ministry of Finance;
At the proposal of the Director of the State Asset Management Agency,

DECISION:

Article 1.

The accompanying Decision promulgates the "Regulations on the Management of the Disposal of State Assets at Administrative and Public Service Organizations."

Article 2.

These Regulations apply to the disposal, recovery, transfer, and liquidation of state assets assigned for management and use by state administrative agencies, public service units, political organizations, political-social organizations, social organizations, social-professional organizations, and diplomatic agencies of the Socialist Republic of Vietnam abroad (collectively referred to as administrative and public service organizations).

Article 3.

This Decision shall take effect fifteen days from the date of signature and shall replace Decision No. 1163 TC/QLCS dated December 21, 1996 of the Minister of Finance on the "Regulations on the Disposal of Unnecessary and Non-functional Assets in Administrative and Public Service Organizations."

Ministers of Ministries, Heads of ministerial-level agencies and agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities, and Heads of other relevant agencies and organizations are responsible for implementing this Decision.

REGULATIONS

MANAGEMENT OF THE DISPOSAL OF STATE ASSETS AT ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS
(Adopted pursuant to Decision No. 55/2000/QĐ-BTC dated April 19, 2000 of the Minister of Finance)

GENERAL PROVISIONS

Article 1.

Objectives and scope of application:

1- State assets formed from state budget sources, with origins from the state budget or established as state property according to the provisions of law (collectively referred to as state assets), assigned for management and use by state administrative agencies, public service units, political organizations, political-social organizations, social organizations, social-professional organizations, and diplomatic agencies of the Socialist Republic of Vietnam abroad (collectively referred to as administrative and public service organizations) shall be disposed of according to the regulations set forth in these Regulations, including:

- Buildings and land attached to office premises and other construction works linked to land (excluding residential buildings and residential land);

- Transportation and travel equipment for work purposes;

- Machinery, working equipment, and other assets serving work needs determined as fixed assets.

2- State assets within the defense and security sectors shall be handled according to specific regulations.

Article 2.

The disposal of state assets at administrative and public service organizations directly managing and using assets according to these Regulations includes the following cases:

1- Recovery of assets no longer needed due to mergers, changes in functions, or exceeding permitted standards; assets used for improper purposes contrary to state regulations.

2- Transfer of state assets between administrative and public service organizations based on usage needs and within the prescribed standards for asset use.

3- Liquidation of assets that are damaged beyond repair or whose continued use would require excessive repair costs.

Article 3.

Any proceeds from the recovery, transfer, or liquidation of state assets (if applicable) must be fully remitted to the state budget after deducting related expenses incurred in the disposal process.

All cases of the recovery, transfer, or liquidation of state assets by administrative and public service organizations must comply strictly with current state regulations on land management and use.

AUTHORITY TO DECIDE ON THE DISPOSAL OF STATE ASSETS AT ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS

Article 4.

The Minister of Finance, based on proposals for the disposal of state assets submitted by Heads of Ministries, ministerial-level agencies, agencies under the Government, and central-level organizations (collectively referred to as Ministries, agencies, and central organizations) and the current system of state asset management, shall decide:

1- To submit to the Prime Minister for decision on the recovery and transfer of state assets consisting of buildings and land attached to office premises and other construction works linked to land between Ministries, agencies, and central organizations, and between central-level administrative and public service organizations and other organizations outside the administrative and public service sector.

2- To recover and transfer state assets (excluding buildings and land attached to office premises and other construction works linked to land) between Ministries, agencies, and central organizations, and between central-level administrative and public service organizations and other organizations outside the administrative and public service sector.

3- To liquidate state assets consisting of buildings and other construction works attached to office premises managed by central-level administrative and public service organizations.

Article 5.

Heads of Ministries, agencies, and central organizations shall decide:

1- On the recovery and transfer of state assets within their own internal management scope.

2- On the liquidation or delegation to the Heads of administrative and public service organizations under their management to decide on the liquidation of state assets that are damaged and no longer usable (excluding buildings and other construction works linked to land).

Article 6.

Chairmen of People's Committees of provinces and centrally governed cities (collectively referred to as Chairmen of Provincial People's Committees) shall decide on the recovery, transfer, and liquidation of state assets consisting of buildings attached to office premises, construction works linked to land, and transportation equipment managed by local administrative and public service organizations.

Article 7.

Directors of Departments of Finance and Price Control, based on proposals for the disposal of state assets submitted by Heads of provincial-level departments, bureaus, sectors, agencies, and organizations (collectively referred to as provincial-level entities) and district-level People's Committees (collectively referred to as district-level entities) and the current system of state asset management, shall decide:

1- On the recovery and transfer of state assets (excluding buildings and land attached to office premises, other construction works linked to land, and transportation equipment) between provincial-level entities and district-level entities within the locality.

2- On the liquidation of state assets (excluding buildings attached to office premises, other construction works linked to land, and transportation equipment) with an initial purchase price of 100 million dong or more per unit of asset managed by local administrative and public service organizations.

Article 8.

The heads of provincial departments, agencies, organizations, and district-level People's Committees shall decide on the handling of:

1- Recovering and reallocating state assets within the internal scope of provincial departments, agencies, organizations, and district-level agencies.

2- Liquidating state assets with an initial purchase value under 100 million dong per asset unit (excluding land and buildings at office premises, other construction works attached to land, and means of transportation) belonging to subordinate agencies.

PROCEDURES FOR HANDLING STATE ASSETS IN GOVERNMENT ADMINISTRATIVE AGENCIES

Article 9.

The recovery of state assets no longer needed due to mergers, consolidations, changes in functions and tasks; excess state assets beyond the standards and quotas set by the State for asset usage; state assets used for purposes other than those intended, contrary to State regulations, shall be carried out as follows:

1- For state assets no longer needed due to mergers, consolidations, or changes in functions and tasks, the relevant government administrative agencies shall conduct an inventory and reassessment of all existing assets to hand over to the new managing agency according to the prescribed standards and quotas. At the same time, they shall prepare a list of excess assets (according to Model Form No. 1 attached to this Regulation) and a report on the reassessment of assets to be recovered by the Asset Reassessment Committee of the agency, which shall be reported to the superior management agency to make a decision on recovery based on the authority stipulated in Chapter II of this Regulation.

2- In cases where it is discovered that government administrative agencies are using assets beyond the prescribed standards and quotas, for improper purposes, or contrary to State regulations, inspection agencies shall prepare a report and recommend that the competent State agencies stipulated in Chapter II of this Regulation issue a decision on recovery.

Article 10.

Government administrative agencies whose state assets are subject to recovery must transfer all such assets or properly store the recovered assets until the competent State agency decides on their disposal and record the reduction of assets and their value according to current State regulations.

Article 11.

The agency deciding on the recovery of state assets from government administrative agencies shall be responsible for disposing of the recovered assets within its authority or reporting to the competent State agency stipulated in Chapter II of this Regulation to decide on reallocating them to government administrative agencies needing such assets according to the prescribed standards and quotas, returning them to the State asset management agency for disposal within its authority, or liquidating them and depositing the proceeds into the State budget if they are no longer usable.

Article 12.

The State Asset Management Agency under the Ministry of Finance and the Provincial Department of Finance and Prices shall be responsible for formulating plans for the disposal of state assets assigned to their management according to the recovery decisions to submit to the competent authority for approval.

During the period before a decision on the disposal of recovered assets is made, the State Financial Agency may lease them to maximize revenue for the State budget; the rental income from leasing recovered assets shall be deposited into the State budget in accordance with Article 3 of this Regulation.

Article 13.

The transfer of state assets from one state administrative agency to another state administrative agency or other organizations outside the state administrative sector must be based on a Decision on the Transfer of State Assets issued by the competent state authority as stipulated in Chapter II of this Regulation.

Article 14.

Heads of Ministries, agencies, central mass organizations, and Chairpersons of Provincial People's Committees shall base their decisions to transfer state assets to state administrative agencies within their ministries, agencies, central mass organizations, and localities on the quantity and quality of recovered assets and the asset supply request letters of state administrative agencies under their management, in accordance with current standards, norms, and asset management regulations for those assets within their jurisdiction.

Article 15.

The application dossier for the transfer of state assets submitted by state administrative agencies to the competent authority responsible for handling asset matters as stipulated in Chapter II of this Regulation includes:

- A letter requesting the transfer of state assets from the state administrative agency directly managing and using the assets;

- An inventory list of state assets proposed for transfer (according to Model Form No. 1 attached to this Regulation), accompanied by an appraisal report on the value of the transferred assets and relevant asset documents such as land allocation certificates, site plans, certificates of asset management and usage rights (for assets that must be registered according to the Ministry of Finance's regulations), etc., prepared by the state administrative agency directly managing and using the assets;

- A letter from the state administrative agency requesting to accept the assets.

Article 16.

The handover of transferred assets shall be carried out as follows:

1- The state administrative agency transferring the assets shall hand over the assets to the state administrative agency accepting the assets in accordance with the decision of the competent authority and record the reduction of assets and their value in accordance with current state regulations.

2- The state administrative agency receiving the assets shall record the increase in assets and their value in accordance with current state regulations.

Article 17.

When there is a need to dispose of state assets, heads of agencies directly managing and using these assets shall issue a decision or report to the competent state authority as stipulated in Chapter II of this Regulation to issue a decision to dispose of the assets.

Article 18.

The application dossier for the disposal of state assets submitted by state administrative agencies to the competent authority responsible for handling asset matters as stipulated in Chapter II of this Regulation includes:

- A letter requesting the disposal of state assets from the state administrative agency directly managing and using the assets;

- An inventory list of state assets proposed for disposal (according to Model Form No. 1 attached to this Regulation), accompanied by related documents such as certificates of asset management and usage rights belonging to state-owned assets at state administrative agencies (for assets that must be registered according to the Ministry of Finance's regulations) and other relevant documents;

- An appraisal report on the state assets to be disposed of by the Asset Disposal Council of the state administrative agency directly managing and using the assets, or a quality assessment report of the assets by relevant functional agencies for office buildings, cars, and integrated equipment.

Article 19.

When state assets have been decided to be disposed of by the competent authority, the head of the state administrative agency directly managing and using the assets shall organize the disposal in accordance with the following procedures:

1- Establish an Asset Disposal Council chaired by the head of the state administrative agency directly managing and using the assets, along with the following members:

- A representative from the accounting and finance department of the agency;

- A representative from the department directly managing the assets to be disposed of;

- A staff member knowledgeable about the characteristics and technical features of the assets to be disposed of.

2- Organize the sale of disposed assets or the destruction of them, and record the reduction of assets and their value in accordance with current state regulations.

3- State administrative agencies selling disposed assets must prepare and issue sales invoices for disposed assets (according to Invoice Model HDTSL-3L attached to this Regulation).

IMPLEMENTING PROVISIONS

Article 20.

National financial authorities at all levels shall guide and inspect state administrative agencies across the country in implementing the recovery, transfer, and disposal of state assets and manage revenues generated from the disposal of these assets.

Article 21.

Heads of state administrative agencies directly assigned by the state to manage and use state assets must implement the recovery, transfer, and disposal of state assets in accordance with the decision of the competent state authority as stipulated in Chapter II of this Regulation and bear legal responsibility for the recovery, transfer, and disposal of state assets by their own agency.

Any person issuing a decision on the disposal of state assets not in accordance with this Regulation who causes damage, loss, or waste of assets shall be required to compensate for material losses and may be subject to legal penalties depending on the severity of the violation.

Article 22.

Annually, by the end of January, Ministries, agencies, central mass organizations, and Departments of Finance and Price Control in centrally governed cities and provinces shall compile the results of the previous year's recovery, transfer, and disposal of state assets by state administrative agencies under their management (according to Model Form No. 2 attached to this Regulation) and report to the Ministry of Finance.

Article 23.

The General Director of the State Treasury, the Director of the State Asset Management Department, the Director of the State Budget Department, and the Directors of Finance and Price Control Departments in centrally governed cities and provinces shall assist the Minister of Finance and the Chairman of the Provincial People's Committee in guiding and inspecting the implementation of this Regulation.