Circular No. 57/2018/TT-BTC guiding the implementation of certain provisions of Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government on the procedures and formalities for establishing the ownership of all people over assets and handling assets established with the ownership of all people.

CIRCULAR

Guidelines for implementing certain provisions of Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government on procedures and formalities for establishing full public ownership over assets and handling assets established with full public ownership

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government on procedures and formalities for establishing full public ownership over assets and handling assets established with full public ownership;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director of the State Asset Management Department;

The Minister of Finance issues this Circular guiding the implementation of certain provisions of Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government on procedures and formalities for establishing full public ownership over assets and handling assets established with full public ownership.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides the implementation of certain provisions of Decree No. 29/2018/NĐ-CP dated March 5, 2018 of the Government on procedures and formalities for establishing full public ownership over assets and handling assets established with full public ownership (hereinafter referred to as Decree No. 29/2018/NĐ-CP), including:

1. Transfer, receipt, and preservation of assets established with full public ownership.

2. Preparation of plans and organization of handling assets established with full public ownership.

3. Management and utilization of funds obtained from the disposal of assets established with full public ownership.

Article 2. Applicability

1. Authorities and persons authorized to decide on establishing full public ownership over assets.

2. Agencies, organizations, and units entrusted with the task of managing and handling assets established with full public ownership.

3. Other organizations and individuals related thereto.

Chapter II

SPECIFIC PROVISIONS

Article 3. Transfer, receipt, and preservation of assets established with full public ownership

1. Preservation of contraband items and means of transport confiscated shall be carried out in accordance with the provisions of Decree No. 115/2013/NĐ-CP dated October 3, 2013 of the Government on management and preservation of contraband items and means of transport seized under administrative procedures, except for the assets specified in Clause 2 of this Article.

2. Assets that must be transferred to specialized agencies for preservation as stipulated in Clause 2 of Article 108 of the Law on Management and Use of State Assets and Clause 2 of Article 17 of Decree No. 29/2018/NĐ-CP shall be handled as follows:

a) National treasures, antiques, and other objects of historical and cultural value shall be transferred to:

- The National History Museum;

- Provincial state museums where the contraband items and means of transport were confiscated.

b) Weapons, explosives, auxiliary tools, technical equipment, special means, and other assets related to national defense and security, which are confiscated by authorities or persons authorized by the Ministry of Defense or the Ministry of Public Security, shall be preserved by the authority issuing the confiscation decision.

Weapons, explosives, auxiliary tools, technical equipment, special means, and other assets related to national defense and security, which are confiscated by authorities or persons authorized by other agencies, shall be transferred to:

- The Military Command of the province or centrally-administered city where the contraband items and means of transport were confiscated;

- The Public Security Bureau of the province or centrally-administered city where the contraband items and means of transport were confiscated;

- State agencies permitted to use auxiliary tools to perform professional tasks.

c) Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals shall be transferred to the State Treasury at the provincial level (for assets confiscated by central or provincial authorities) or the State Treasury at the district level (for assets confiscated by district or commune authorities) for safekeeping. For securities that can be converted into cash, they shall be converted into cash and deposited into the state budget according to regulations. If conversion into cash is not possible, they shall be stored and preserved at the State Treasury.

d) Parts (specimens) of rare wild animals belonging to Group IB shall be transferred to the State Reserve Agency under the Ministry of Finance to fulfill the task of storing and preserving them according to the Prime Minister's decision.

đ) Timber and other forest products belonging to endangered, rare species that cannot be used for commercial purposes, except for assets specified in Point d of this Clause; live wild animals or those rescued and restored to health shall be transferred according to the law to the following agencies:

- The Forest Protection Department of the province (for assets confiscated by central or provincial authorities) or the Forest Protection Department of the district (for assets confiscated by district or commune authorities) where the contraband items were confiscated;

- Zoos managed by the state;

- Research institutions (including breeding research centers, environmental education centers, specialized research institutes);

- The Vietnam Natural History Museum.

e) Endangered, rare aquatic animals that cannot be used for commercial purposes shall be transferred to:

- Fisheries Inspection Branches or provincial fisheries management agencies or conservation areas for release back to their habitat if they are still alive;

- The Vietnam Natural History Museum;

- Research institutions (including breeding research centers, educational centers, specialized research institutes).

g) Radioactive materials, nuclear materials, radiation equipment, and nuclear equipment shall be transferred to the Vietnam Atomic Energy Institute under the Ministry of Science and Technology.

3. For evidence assets and assets of convicted persons confiscated according to criminal laws and criminal procedure laws and have been decided by competent authorities, and evidence assets confiscated by investigation agencies, People's Procuratorates at all levels, the units responsible for managing assets as stipulated in Clauses 2 and 3 of Article 5 of Decree No. 29/2018/NĐ-CP shall be responsible for preserving the assets according to the law, except when they must be transferred to specialized agencies for preservation according to Clause 2 of this Article.

4. With respect to goods that are surplus inventory stored in port, warehouse, or yard areas within the customs operation zone (hereinafter referred to as surplus goods), ownerless property, property with undetermined ownership, lost property, forgotten property, buried, hidden, covered, or sunken property found, property without heirs, property of social funds or charitable funds dissolved but not transferred to another fund with the same purpose of operation or dissolved due to violation of prohibitions under the law or against social morals (hereinafter referred to as property of dissolved funds), the entity primarily responsible for managing such property as stipulated in Clauses 4, 5, 6, and 7 of Article 5 of Decree No. 29/2018/NĐ-CP shall be responsible for preserving the property in accordance with the provisions of the law, except where it must be transferred to specialized agencies for preservation as provided for in Clause 2 of this Article.

5. With respect to property voluntarily transferred by organizations or individuals to the ownership of the State of Vietnam, the entity primarily responsible for managing such property as stipulated in Clause 8 and Clause 9 of Article 5 of Decree No. 29/2018/NĐ-CP shall be responsible for receiving and preserving the property during the waiting period for processing.

Article 4. Preparation and Approval of Disposal Plans for Seized Contraband and Administrative Violation Items

1. For property within the purview of the Minister of Finance's approval of disposal plans as provided for in Point a of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP:

a) For property disposed of through transfer from central to local levels or vice versa, or between localities as provided for in Point c of Clause 2 of Article 18 of Decree No. 29/2018/NĐ-CP:

- The entity primarily responsible for managing the property proposes a disposal plan (with one copy of the confiscation decision attached - a copy), reports to the superior agency (if applicable), seeks opinions from the agency assigned to perform state asset management tasks as provided for in Clause 2 and Clause 3 of Article 19 of the Law on Management and Use of State Assets, and submits to the Ministry or central agency, provincial People's Committee for a written request to the Minister of Finance for approval.

- Based on the proposal of the Ministry, central agency, and provincial People's Committee, the agency assigned to perform state asset management tasks under the Ministry of Finance as provided for in Clause 1 of Article 19 of the Law on Management and Use of State Assets (hereinafter referred to as the agency assigned to perform state asset management tasks under the Ministry of Finance) prepares a disposal plan for the property, and submits it to the Minister of Finance for approval according to their authority.

b) For property consisting of houses, land, cars, and other assets valued at VND 500 million or more per unit of property confiscated by central-level authorities for disposal through remaining methods as provided for in Point c of Clause 2 of Article 18 of Decree No. 29/2018/NĐ-CP; the entity primarily responsible for managing the property prepares a disposal plan for the property, seeks opinions from the agency assigned to perform state asset management tasks under the Ministry or central agency as provided for in Clause 2 of Article 19 of the Law on Management and Use of State Assets (hereinafter referred to as the agency assigned to perform state asset management tasks under the Ministry or central agency), reports to the Ministry or central agency for a written request to the Minister of Finance for approval or reports to the Prime Minister for decision according to their authority.

2. For property within the purview of the Minister, head of a central agency, or agency, person authorized by classification as provided for in Point b of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP:

a) For property disposed of through transfer or transfer to an organization, entity under the Ministry or central agency management and use as provided for in Point c of Clause 2 of Article 18 of Decree No. 29/2018/NĐ-CP:

- The entity primarily responsible for managing the property proposes a disposal plan (with one copy of the confiscation decision attached - a copy), reports to the superior agency (if applicable), and sends it to the agency assigned to perform state asset management tasks under the Ministry or central agency.

- The agency assigned to perform state asset management tasks under the Ministry or central agency prepares a disposal plan for the property through transfer or transfer to an organization, entity under the Ministry or central agency management and use, and submits it to the Minister, head of a central agency, or agency, person authorized by classification as provided for in Point b of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP for examination and approval according to their authority.

b) For property disposed of through remaining methods as provided for in Point c of Clause 2 of Article 18 of Decree No. 29/2018/NĐ-CP, the entity primarily responsible for managing the property prepares a disposal plan, reports to the superior agency (if applicable), seeks opinions from the agency assigned to perform state asset management tasks under the Ministry or central agency, and submits it to the agency, person authorized by classification as provided for in Point b of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP for approval or reports to the Prime Minister for decision according to their authority.

3. For property within the purview of the Minister, head of a central agency, or agency, person authorized by classification as provided for in Point b of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP:

a) For property disposed of through transfer or transfer to an organization, entity under the Ministry or central agency management and use as provided for in Point c of Clause 2 of Article 18 of Decree No. 29/2018/NĐ-CP:

The entity primarily responsible for managing the property proposes a disposal plan (with one copy of the confiscation decision attached - a copy) and sends it to the Department of Finance and Planning (for property confiscated by the district level) to report to the Department of Finance or sends it directly to the Department of Finance (for property confiscated by the provincial level) to prepare a disposal plan through transfer or transfer to an organization, entity under local management and use, and submit it to the Chairman of the Provincial People's Committee or person authorized by the provincial level as provided for in Point c of Clause 1 of Article 19 of Decree No. 29/2018/NĐ-CP for approval according to regulations (for property approved for disposal plan by the provincial level authorized person according to classification).

For assets approved for disposal by the authority at the district level according to the分级权限，主要管理资产的单位根据财政计划室的建议提出处置方案，由财政计划室根据主要管理单位的提议制定处置方案，通过移交或调拨给县级管辖范围内的机关、组织或单位，并提交给具有县级审批权限的负责人按照规定进行审批。

b) For assets disposed of through the remaining methods prescribed in Point c Clause 2 Article 18 Decree No. 29/2018/ND-CP:

The main managing unit of the asset shall prepare a disposal plan, report to the superior agency if applicable, seek opinions from the agency responsible for managing public assets as stipulated in Clause 3 Article 19 Law on Management and Use of State Assets (hereinafter referred to as the agency responsible for managing public assets at the local level), and submit to the Chairman of the Provincial People's Committee or the person with approval authority at the provincial level delegated by the Provincial People's Council according to Point c Clause 1 Article 19 Decree No. 29/2018/ND-CP for approval in accordance with regulations (for assets approved for disposal by the authority at the provincial level according to the分级权限).

For assets approved for disposal by the authority at the district level according to the分级权限，主要管理资产的单位应制定资产处置方案，征求财政计划室的意见，并提交具有县级审批权限的负责人按照规定进行审批。

4. For administrative violation evidence that is goods or items prone to damage, the Ministry, central agencies, and the Provincial People's Councils authorized to delegate to the main managing unit of the asset to establish, approve, and organize the implementation of the disposal plan according to regulations.

Article 5. Establishment and Approval of Disposal Plans for Evidence Assets and Assets of Convicted Persons Seized

1. For assets seized within the approval authority of the Prime Minister according to Point a Clause 2 Article 19 Decree No. 29/2018/ND-CP, the main managing unit of the asset shall be responsible for preparing a disposal plan, reporting to the superior agency if applicable, and reporting to the Chairman of the Provincial People's Committee to submit to the Prime Minister for review and approval after obtaining written comments from the Minister of Finance and the Minister of Culture, Sports and Tourism.

2. For assets seized within the approval authority of the Minister of Finance according to Point b Clause 2 Article 19 Decree No. 29/2018/ND-CP:

a) For seized assets with an enforcement decision issued by the enforcement agency, the Financial Planning Office shall report to the Department of Finance (for assets transferred by the district-level enforcement agency) or the Department of Finance (for assets transferred by the provincial-level enforcement agency and military region enforcement agency) to propose a disposal plan (including one copy of the enforcement decision - a copy), and submit to the provincial people's committee for a written request to the Ministry of Finance for approval.

Based on the proposal of the provincial people's committee, the agency responsible for managing public assets under the Ministry of Finance shall prepare a disposal plan for the asset, and submit it to the Minister of Finance for review and approval according to their authority.

b) For assets seized by investigation agencies or the People's Procuratorates at all levels, within ten days from the date the seizure decision takes legal effect, the investigation agency or the People's Procuratorate shall propose a disposal plan (including one copy of the seizure decision - a copy), report to the superior agency if applicable, and submit to the Ministry of Public Security and the Supreme People's Procuratorate for a written request to the Ministry of Finance for approval according to their authority.

Based on the proposal of the Ministry of Public Security and the Supreme People's Procuratorate, the agency responsible for managing public assets under the Ministry of Finance shall prepare a disposal plan and submit it to the Minister of Finance for review and approval according to their authority.

3. For assets within the approval authority of the Chairman of the Provincial People's Committee or the person delegated by the Provincial People's Council according to Point c Clause 2 Article 19 Decree No. 29/2018/ND-CP:

a) For assets disposed of through transfer or reallocation to agencies, organizations, or units under local management and use as prescribed in Point c Clause 2 Article 18 Decree No. 29/2018/ND-CP:

- For seized assets with an enforcement decision issued by the enforcement agency, the Financial Planning Office shall report to the Department of Finance (for assets transferred by the district-level enforcement agency) or the Department of Finance (for assets transferred by the provincial-level enforcement agency and military region enforcement agency) to prepare a disposal plan for transfer or reallocation to agencies, organizations, or units under local management and use, and submit to the Chairman of the Provincial People's Committee or the person with approval authority at the provincial level delegated by the Provincial People's Council according to Point c Clause 2 Article 19 Decree No. 29/2018/ND-CP for approval according to their authority (for cases where the disposal plan is approved by the authority at the provincial level).

In cases where the disposal plan is approved by the authority at the district level according to the分级权限，财政计划室应制定将资产通过移交或调拨给县级管辖范围内机关、组织或单位的处置方案，并提交具有县级审批权限的负责人按照规定进行审批。

- For assets seized by investigative agencies and People's Procuracy at all levels, within ten days from the date the seizure decision becomes legally effective, the investigative agency or People's Procuracy shall propose a disposal plan (accompanied by one copy of the seizure decision) to be sent to the Finance and Planning Department for reporting to the Department of Finance (for assets seized by enforcement agencies and People's Procuracy at the district level) or directly to the Department of Finance (for assets seized by enforcement agencies and People's Procuracy at the provincial level) to establish a disposal plan in the form of transfer or reallocation to agencies, organizations, or units under local management and use, to be submitted to the Chairman of the Provincial People's Committee or persons authorized at the provincial level by the Provincial People's Council in accordance with Point c Clause 2 Article 19 of Decree No. 29/2018/NĐ-CP for approval (in cases where the disposal plan is approved by persons authorized at the provincial level).

In cases where the disposal plan is approved by persons authorized at the district level according to the delegation of authority, the Finance and Planning Department shall establish a disposal plan in the form of transfer or reallocation to agencies, organizations, or units under the management of the district level, to be submitted to persons authorized at the district level for approval in accordance with regulations.

b) For assets disposed of in other forms prescribed in Point c Clause 2 Article 18 of Decree No. 29/2018/NĐ-CP:

- For assets that have been seized and have an enforcement decision issued by enforcement agencies, the Finance and Planning Department shall report to the Department of Finance (for assets transferred by enforcement agencies at the district level) or the Department of Finance (for assets transferred by enforcement agencies at the provincial level and military region enforcement agencies) to establish a disposal plan for the assets, to be submitted to the Chairman of the Provincial People's Committee or persons authorized at the provincial level by the Provincial People's Council in accordance with Point c Clause 2 Article 19 of Decree No. 29/2018/NĐ-CP for approval (in cases where the disposal plan is approved by persons authorized at the provincial level) or to report to the Prime Minister for decision within their authority.

In cases where the disposal plan is approved by persons authorized at the district level according to the delegation of authority, the Finance and Planning Department shall establish a disposal plan for the assets, to be submitted to persons authorized at the district level for approval in accordance with regulations.

- For assets seized by investigative agencies and People's Procuracy at all levels, the investigative agency or People's Procuracy shall establish a disposal plan for the assets, report to the superior agency (if any), seek opinions from the agency assigned the task of managing state assets at the local level, and submit to the Chairman of the Provincial People's Committee or persons authorized at the provincial level by the Provincial People's Council in accordance with Point c Clause 2 Article 19 of Decree No. 29/2018/NĐ-CP for approval (in cases where the disposal plan is approved by persons authorized at the provincial level) or to report to the Prime Minister for decision within their authority.

In cases where the disposal plan is approved by persons authorized at the district level according to the delegation of authority, the investigative agency or People's Procuracy shall establish a disposal plan for the assets, seek opinions from the Finance and Planning Department, and submit to persons authorized at the district level for approval in accordance with regulations.

Article 6. Establishing and Approving Plans for Handling Ownerless Property, Property with Uncertain Ownership, Lost, Abandoned, Buried, Hidden, or Sunken Property Found Without Heirs

1. For property within the approval authority of the Prime Minister as stipulated in Point a, Clause 3, Article 19 of Decree No. 29/2018/NĐ-CP:

The Department of Finance or the Financial and Planning Office shall report to the Department of Finance to establish a plan for handling the property, which shall be reported to the Chairman of the Provincial People's Committee for submission to the Prime Minister for consideration and approval after receiving written comments from the Minister of Finance and the Minister of Culture, Sports and Tourism.

2. For property within the approval authority of the Minister of Finance as stipulated in Point b, Clause 3, Article 19 of Decree No. 29/2018/NĐ-CP:

a) The Department of Finance shall propose a plan for handling the property (including one copy of the decision establishing the state ownership over the property - a copy), and report to the provincial people's committee to request the Ministry of Finance to approve it.

b) Based on the request of the provincial people's committee, the agency assigned the task of managing public assets under the Ministry of Finance shall establish a plan for handling the property, submit it to the Minister of Finance for consideration and approval according to their authority.

3. For property within the approval authority of local competent authorities as stipulated in Point c, Clause 3, Article 19 of Decree No. 29/2018/NĐ-CP:

a) The Department of Finance or the Financial and Planning Office shall report to the Department of Finance to establish a plan for handling the property, which shall be submitted to the Chairman of the Provincial People's Committee or the local competent authority at the provincial level authorized by the Provincial People's Council to approve according to regulations (in cases where the provincial-level competent authority approves the plan for handling the property) or report to the Prime Minister for decision according to their authority.

b) The Financial and Planning Office shall establish a plan for handling the property, submit it to the competent authority for approval according to regulations (in cases where the competent authority at the district level approves the plan for handling the property according to the delegation).

Article 7. Establishing and Approving Plans for Handling Surplus Goods within Customs Territory

1. For surplus goods within the approval authority of the Prime Minister as stipulated in Point a, Clause 3, Article 19 of Decree No. 29/2018/NĐ-CP, the customs office shall propose a plan for handling the goods (including one copy of the decision establishing the state ownership over the property - a copy), and send it to the agency assigned the task of managing public assets under the Ministry of Finance.

Based on the report of the customs office, the agency assigned the task of managing public assets under the Ministry of Finance shall establish a plan for handling the property, report to the Minister of Finance for submission to the Prime Minister for consideration and approval after receiving written comments from the Minister of Culture, Sports and Tourism.

2. For surplus goods within the approval authority of the Minister of Finance as stipulated in Point b, Clause 3, Article 19 of Decree No. 29/2018/NĐ-CP, the customs office shall propose a plan for handling the goods (including one copy of the decision establishing the state ownership over the property - a copy), and send it to the agency assigned the task of managing public assets under the Ministry of Finance.

Based on the report of the customs office, the agency assigned the task of managing public assets under the Ministry of Finance shall establish a plan for handling the property, submit it to the Minister of Finance for approval according to their authority.

3. For goods requiring special management according to the law, the customs office shall cooperate with the agency assigned the task of managing public assets under the Ministry of Finance to report to the Ministry of Finance for submission to the Prime Minister for consideration and decision on the form of handling.

Article 8. Establishing and Approving the Plan for Disposing of Assets of Social Funds and Charitable Funds that Have Been Dissolved

1. For assets of central-managed funds that have been dissolved, the entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy), to be sent to the agency tasked with performing the state asset management function under the Ministry of Home Affairs.

Based on the report from the entity primarily responsible for managing the assets, the agency tasked with performing the state asset management function under the Ministry of Home Affairs shall establish a plan for disposing of the assets, to be submitted to the Minister of Home Affairs or the person authorized by the Minister of Home Affairs to approve it, or reported to the Prime Minister for decision within their authority.

2. For assets of locally-managed funds that have been dissolved, the Department of Finance shall establish a plan for disposing of the assets, to be submitted to the Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council to approve it, or reported to the Prime Minister for decision within their authority.

Article 9. Establishing and Approving the Plan for Disposing of Assets Transferred Voluntarily by Organizations and Individuals to the State

1. For special assets and specialized assets in the fields of national defense and security, which fall under the approval authority of the Minister of National Defense or the Minister of Public Security:

a) The entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy), to report to the superior agency (if any), and send to the agency tasked with performing the state asset management function under the Ministry of National Defense or the Ministry of Public Security.

b) The agency tasked with performing the state asset management function under the Ministry of National Defense or the Ministry of Public Security shall establish a plan for disposing of the assets, to be submitted to the Minister of National Defense or the Minister of Public Security or the person authorized by the Minister of National Defense or the Minister of Public Security to approve it, or reported to the Prime Minister for decision within their authority.

2. For assets falling under the approval authority of the Minister of Finance:

a) For assets voluntarily transferred by organizations or individuals to the State of Vietnam without specifying the receiving agency, organization, or unit, the entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy), to be sent to the agency tasked with performing the state asset management function under the Ministry of Finance to establish a plan for disposing of the assets, to be submitted to the Minister of Finance for approval or reported to the Prime Minister for decision within their authority.

b) For assets voluntarily transferred by organizations or individuals to the State with a specific receiving agency, organization, or central unit identified:

- The entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy), to report to the superior agency (if any), to seek the opinion of the agency tasked with performing the state asset management function under the Ministry or central agency, and submit to the Ministry or central agency for a written request to the Ministry of Finance for approval.

- Based on the proposal of the Ministry or central agency, the agency tasked with performing the state asset management function under the Ministry of Finance shall establish a plan for disposing of the assets, to be submitted to the Minister of Finance for approval or reported to the Prime Minister for decision within their authority.

3. For assets falling under the approval authority of the Minister or head of a central agency:

a) The entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy), to report to the superior agency (if any), and send to the agency tasked with performing the state asset management function under the Ministry or central agency.

b) The agency tasked with performing the state asset management function under the Ministry or central agency shall establish a plan for disposing of the assets, to be submitted to the Minister or head of the central agency for approval or reported to the Prime Minister for decision within their authority.

4. For assets falling under the approval authority of the Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council to approve:

a) For assets voluntarily transferred by organizations or individuals to local authorities without specifying the receiving agency, organization, or unit, the Department of Finance shall establish a plan for disposing of the assets, to be submitted to the Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council to approve it, or reported to the Prime Minister for decision within their authority.

b) For assets voluntarily transferred by organizations or individuals to local authorities with a specific receiving agency, organization, or local unit identified:

- The entity primarily responsible for managing the assets shall propose a disposal plan (accompanied by one copy of the decision establishing the national ownership of the asset - a copy) to be sent to the Planning and Finance Office for reporting to the Department of Finance (for cases where the receiving agency, organization, or unit is at the district level) or sent directly to the Department of Finance (for cases where the receiving agency, organization, or unit is at the provincial level).

- The Department of Finance shall establish a plan for disposing of the assets, to be submitted to the Chairman of the Provincial People's Committee or the person authorized by the Provincial People's Council to approve it, or reported to the Prime Minister for decision within their authority.

5. For temporarily imported goods for re-export from projects transferred by foreign experts, contractors, or consultants to the State of Vietnam but not yet fulfilling tax obligations to the State, the entity primarily responsible for managing the assets shall be responsible for completing tax procedures, submitting to the competent authority to establish national ownership of the asset according to the provisions of the law.

In cases where the entity primarily responsible for managing the assets cannot allocate funds to pay taxes, they shall report to the competent agency or person with authority to consider and decide on tax payment after selling or liquidating the assets, or transfer to the receiving agency, organization, or unit to complete tax procedures according to the provisions of the law.

Article 10. Establishment and approval of plans for handling assets transferred无偿移交给越南国家的外商投资企业的资产

For assets transferred无偿移交给越南国家的外商投资企业在合同期满后根据协议约定的资产，主管部门或有权限的人在确定全民所有财产所有权决定后，财政局应制定处理资产的方案，并提交省人民委员会主席或省级政府授权的人审批，或者报告总理作出决定。

Article 11. Establishment and approval of plans for handling assets transferred to the State under public-private partnership investment contracts

1. For assets within the authority of the Minister, Head of Central Agency to approve asset disposal plans:

a) The main managing unit proposes the disposal plan (including one copy of the decision establishing the full ownership of the property - a copy), reports to the superior agency (if any), and sends it to the agency responsible for managing state-owned assets at the Ministry or central agency.

b) The agency responsible for managing state-owned assets at the Ministry or central agency establishes the asset disposal plan, submits it to the Minister, Head of Central Agency for review and approval after obtaining the opinion of the Ministry of Finance, or reports to the Prime Minister for decision-making according to their authority.

2. For assets within the authority of the Chairman of the Provincial People's Committee or persons authorized by the Provincial People's Council to approve asset disposal plans:

a) The main managing unit proposes the disposal plan (including one copy of the decision establishing the full ownership of the property - a copy) and sends it to the Department of Finance and Planning (for cases where the county-level agency signs a public-private partnership contract) or the Provincial Department of Finance (for cases where the provincial-level agency signs a public-private partnership contract).

b) For cases where the county-level agency signs a public-private partnership contract, the Department of Finance and Planning establishes the asset disposal plan, submits it to the authorized person at the county level for approval according to the delegation, or reports to the Provincial Department of Finance to establish the asset disposal plan and submit it to the Chairman of the Provincial People's Committee or the authorized person at the provincial level for approval (for assets approved by the provincial-level authorized person according to the delegation).

For cases where the provincial-level agency signs a public-private partnership contract, the Provincial Department of Finance establishes the asset disposal plan, submits it to the Chairman of the Provincial People's Committee or the authorized person at the provincial level for approval according to the delegation, or reports to the Prime Minister for decision-making according to their authority.

Article 12. Organization of handling assets that have been established with full ownership rights.

1. For assets handled through transfer to specialized management agencies, the implementation shall be carried out in accordance with Clause 1, Article 20 of Decree No. 29/2018/NĐ-CP. Among which:

a) For assets in the form of Vietnamese currency, the State Treasury shall handle the accounting and payment to the state budget in accordance with the laws on state budget.

b) For assets in foreign currency, the main managing unit shall deposit them into the foreign currency account of the State Treasury at the provincial level, the revenue from the state budget in foreign currency will be recorded in the foreign currency fund of the state budget (in original currency); at the same time, convert it into Vietnamese Dong according to the exchange rate for foreign currency accounting to record the revenue of the state budget according to the prescribed regulations.

2. For assets handled through transfer or reallocation to agencies, organizations, units for management and use, the implementation shall be carried out in accordance with Clause 2, Article 20 of Decree No. 29/2018/NĐ-CP. For assets that apply the method of transfer or reallocation to agencies, organizations, units for management and use but there is no agency, organization, unit to accept the assets, they shall be handled through sale in accordance with the laws on management and use of state assets.

3. For assets handled through auction:

a) For assets as evidence, means of administrative violation, the auction organization shall be carried out as follows:

- The main managing unit signs an auction contract with the auction organization or establishes an Auction Evaluation Committee (in case of inability to hire an auction organization) in accordance with Clause 1, Article 12 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations and the laws on auctioning assets.

- The value of the evidence, means of administrative violation is determined according to Article 60 of the Law on Handling Administrative Violations as the starting price for organizing the auction.

In the following cases, a committee must be established to determine the starting price: Evidence, means of administrative violation when transferred for auction have not been valued; the date of planned auction exceeds 60 days from the date of valuation of the evidence of administrative violation according to Article 60 of the Law on Handling Administrative Violations; the value of the evidence has been determined according to Article 60 of the Law on Handling Administrative Violations differs (higher or lower) by 10% or more compared to the value of similar assets according to the price announcement of the Department of Finance at the time of transfer for auction.

The composition of the committee, the principles of operation of the committee to determine the starting price for auctioning evidence, means of administrative violation shall be implemented in accordance with Article 8 of Circular No. 144/2017/TT-BTC dated December 29, 2017 of the Ministry of Finance guiding some contents of Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing some provisions of the Law on Management and Use of State Assets (hereinafter referred to as Circular 144/2017/TT-BTC).

- The payment of money, issuance of sales invoices for state assets, and transfer of assets to the buyer shall be carried out in accordance with the provisions of Clause 7 and Clause 8 of Article 24 of Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Assets (hereinafter referred to as Decree No. 151/2017/ND-CP).

- The procedures and formalities for auctioning state assets shall be carried out in accordance with the laws on auctioning state assets.

b) For state assets that are surplus goods within customs territory, the organization and implementation of auctions shall be regulated as follows:

- The starting price for organizing the auction shall be the price (including all types of taxes and fees as prescribed) determined by the Appraisal Price Council specified in Article 8 of Circular 144/2017/TT-BTC or hiring an appraisal organization with the necessary conditions to conduct asset valuation to determine it.

- The organization of auctions, payment of money, issuance of sales invoices for state assets, and transfer of assets to the buyer shall be carried out in accordance with the provisions of Article 24 of Decree No. 151/2017/ND-CP.

- The buyer of surplus goods has the responsibility to pay the purchase price and remove the goods from the customs territory within the time limit stipulated in the Asset Purchase Contract but not exceeding 15 days from the date of signing the Contract. After this period, if the buyer does not pay or pays without collecting the goods or removing them from the customs territory without a valid reason, they will be dealt with according to the Asset Auction Purchase Contract and civil law.

- The buyer has the responsibility to pay the purchase price of the asset to the main managing unit of the asset, without having to go through import procedures, and does not have to pay import-related taxes and fees.

- When the buyer pays and removes the goods from the customs territory, the main managing unit of the asset has the responsibility to provide the buyer with a set of documents including: Sales Invoice for State Assets (one original copy), Asset Auction Purchase Contract (one original copy), and Warehouse Exit Form of the entity entrusted with custody and preservation of goods (one original copy).

- The main managing unit of the asset has the responsibility to transfer surplus goods to the buyer. Businesses engaged in warehouse and port operations, agency companies, shipping companies have the responsibility to cooperate in delivering surplus goods to the buyer and bear the costs of delivery, receipt, loading and unloading, transportation, and storage of goods until before the decision establishing national ownership of the asset by the competent authority. Customs authorities are responsible for paying the costs of delivery, receipt, loading and unloading, transportation, and storage of goods from the time the decision establishing national ownership of the asset by the competent authority is made until the completion of the handling process.

c) For assets that have been established as national ownership (excluding cases provided for in Point a and Point b of this Clause), the organization and implementation of auctions shall be carried out in accordance with the provisions of Article 24 of Decree No. 151/2017/ND-CP. The procedures and formalities for auctioning assets shall be carried out in accordance with the laws on auctioning assets.

d) In the case where the auction of assets as provided for in this Clause is unsuccessful, the handling shall be carried out in accordance with the provisions of Article 25 of Decree No. 151/2017/ND-CP.

4. For assets handled through designated sale or fixed-price sale:

a) For administrative violation evidence that is goods or items prone to damage but still have value:

- The sale of administrative violation evidence that is goods or items prone to damage but still have value through designated sale or fixed-price sale shall be implemented for fresh food, easily perishable, difficult to store; flammable and explosive goods (gasoline, gas, oil, liquefied gas, and other flammable and explosive substances); medicines, veterinary drugs, plant protection products with less than 60 days remaining until their expiration date as marked on the packaging; processed food and other goods with less than 30 days remaining until their expiration date as marked on the packaging; seasonal goods (seasonal consumer goods, festival supplies), electronic goods (tablets, smartphones), and other goods or items that, if not handled immediately after confiscation, will deteriorate, lose value, become unsellable, or exceed their shelf life.

- The selling price of goods or items prone to damage shall be determined by the main managing unit of the asset based on the provisions of Clause 2 of Article 60 of the Law on Handling Administrative Violations and the quality of the goods or items prone to damage; in cases where the provisions of Clause 2 of Article 60 of the Law on Handling Administrative Violations cannot be applied, the main managing unit of the asset shall coordinate with the financial agency at the same level or the financial agency in the area where the violation occurred (in cases where the higher-level financial agency has delegated authority or when the person issuing the confiscation decision belongs to an agency not organized according to administrative levels) to determine the selling price of goods or items prone to damage.

- Goods in sectors subject to conditional business operations such as flammable and explosive goods, medicines, veterinary drugs, and plant protection products can only be sold to organizations and individuals who meet the business conditions prescribed by law.

- Designated sale or fixed-price sale shall be carried out in accordance with the provisions of Article 26 and Article 27 of Decree No. 151/2017/ND-CP and related implementing regulations.

b) For state assets that are surplus goods within customs territory:

- The sale of surplus goods within customs territory through designated sale or fixed-price sale shall be implemented for fresh food, easily perishable, difficult to store; flammable and explosive goods (gasoline, gas, oil, liquefied gas, and other flammable and explosive substances); processed food with less than 30 days remaining until their expiration date; medicines, veterinary drugs with less than 60 days remaining until their expiration date; other goods if not handled immediately will deteriorate, lose value, and exceed their shelf life; goods valued under 50 million VND per consignment as determined by the main managing unit of the asset.

- For goods that are assets subject to conditional business areas such as flammable and explosive goods, medicines, veterinary drugs, plant protection chemicals, they can only be sold to organizations and individuals who have the necessary business conditions as stipulated by law.

- Designated sale or fixed-price sale shall be carried out in accordance with the provisions of Article 26 and Article 27 of Decree No. 151/2017/ND-CP and related implementing regulations.

- When the buyer pays for the asset and removes it from the customs area, the main managing unit of the asset is responsible for providing a set of documents to the buyer, including: One original copy of the invoice for the sale of state-owned assets; One original copy of the contract for the sale of surplus goods; One original copy of the warehouse dispatch note issued by the unit entrusted with the custody and preservation of the goods.

- The main managing unit of the asset is responsible for transferring surplus goods to the buyer. Warehousing, port enterprises, agency companies, shipping companies are responsible for coordinating the delivery of surplus goods to the buyer and bear the costs of delivery, receipt, loading and unloading, transportation, and preservation of the goods until before the decision establishing the national ownership of the property by the competent authority is made. Customs authorities are responsible for paying the costs of delivery, receipt, loading and unloading, transportation, and preservation of the goods from the time the decision establishing the national ownership of the property by the competent authority is made until the completion of the handling process.

c) For remaining assets whose national ownership rights are established (not falling under the cases specified in Points a and b of this Clause), the designated sale and fixed-price sale shall be implemented according to the provisions of Article 26 and Article 27 of Decree No. 151/2017/NĐ-CP and related guiding documents.

5. For assets processed through destruction:

a) For administrative violation objects confiscated as goods or items prone to damage at Point a of Clause 4 of this Article but which are no longer usable, the main managing unit of the asset establishes a Disposal Committee to destroy them. The Disposal Committee is chaired by the person issuing the confiscation decision or their authorized representative, with other members comprising representatives of the financial agencies at the same level or the financial agency in the locality where the violation occurred (in cases where the superior financial agency has delegated authority or when the person issuing the confiscation decision belongs to an agency not organized according to administrative levels) and representatives of relevant specialized agencies.

b) For surplus goods within the customs area, destruction is carried out on goods that are no longer usable (rotten, broken, damaged, deteriorated quality, expired, non-compliant quality standards, harmful to human health, livestock, crops) or those required to be destroyed according to Vietnamese law. In particular, for environmental pollutants where the owner of the transport vehicle, the driver, or the authorized representative cannot be identified, the main managing unit of the asset coordinates with relevant agencies to carry out the destruction.

The main managing unit of the asset organizes the destruction or hires organizations with the appropriate functions to carry out the destruction; if the destruction is carried out by the main managing unit of the asset, it may entrust the enterprise managing surplus goods to mobilize its employees to carry out the destruction.

c) For remaining assets whose national ownership rights are established (not falling under the cases specified in Points a and b of this Clause), the main managing unit of the asset collaborates with relevant functional agencies to carry out the destruction.

d) The organization of asset destruction is carried out as follows:

- Depending on the nature, characteristics of the goods or items and requirements for environmental hygiene, destruction is carried out in various forms including: Chemical treatment; mechanical methods; incineration; burial; other methods prescribed by law;

- Destruction of assets must be recorded in a protocol. The main contents of the protocol include: Basis for carrying out destruction; time and location of destruction; participants in the destruction; name, type, quantity, condition of the asset at the time of destruction; method of destruction and other related contents;

- For types of assets where destruction affects the environment, approval and guidance from the local environmental management agency must be obtained prior to organizing the destruction.

6. For assets processed through other forms, implementation shall be carried out according to the provisions of Decree No. 29/2018/NĐ-CP.

7. The organization of the disposal of assets with established national ownership rights is carried out for each individual case. In cases where the value of the assets in one case is less than VND 100 million per case, the main managing unit of the asset may consolidate the assets of multiple cases for disposal in one go, but the maximum processing period shall not exceed one year from the date of the confiscation decision or the decision establishing national ownership by the competent authority.

Article 13. Management and use of the amount of money obtained from the disposal of assets established with full public ownership

1. The entire amount of money obtained from the disposal of assets established with full public ownership shall be deposited into a temporary holding account at the State Treasury by the agency entrusted with the task of managing state assets as follows:

a) The agency entrusted with the task of managing state assets under the Ministry of Finance for assets established with full public ownership approved by the Prime Minister or the Minister of Finance for the asset disposal plan;

b) The Department of Finance for assets established with full public ownership approved by the competent authority at the provincial level for the asset disposal plan and assets established with full public ownership approved by the central agency or person with authority for the asset disposal plan, except for the assets specified in Point a Clause 1 of this Article;

c) The District Financial Planning Office for assets established with full public ownership approved by the competent authority at the district or commune level for the asset disposal plan.

2. After deducting the expenses stipulated in Article 29 of Decree No. 29/2018/NĐ-CP from the amount deposited into the temporary holding account as prescribed in Clause 1 of this Article, the remaining amount shall be deposited into the state budget in accordance with the laws on the state budget.

Chapter III

IMPLEMENTING PROVISIONS

Article 14. Transitional Provisions

1\. For assets established with full public ownership before the effective date of Decree No. 29/2018/NĐ-CP (except for the assets specified in Clause 2 of this Article) but not yet approved by the competent agency or person for the asset disposal plan, the management and disposal shall be carried out in accordance with Decree No. 29/2018/NĐ-CP and this Circular (for seized items and means of administrative violations being organized to sell, liquidate, or destroy according to the law at the time Decree No. 29/2018/NĐ-CP becomes effective, a decision approving the disposal plan must be supplemented to proceed with subsequent steps).

In cases where assets have already been decided on the disposal plan and are being disposed of according to the law before the effective date of Decree No. 29/2018/NĐ-CP but have not completed the disposal process, the remaining disposal steps shall continue to be carried out and the management and use of the proceeds from the disposal of the assets shall be conducted in accordance with Decree No. 29/2018/NĐ-CP and this Circular.

2\. For assets that are surplus goods within the customs area, which have been established with state ownership (now established with full public ownership) and have been decided on the disposal plan according to Circular No. 203/2014/TT-BTC dated December 22, 2014 of the Ministry of Finance guiding the disposal of surplus goods within the customs area, the disposal and management of the proceeds from the disposal of the assets shall continue to be carried out in accordance with Circular No. 203/2014/TT-BTC.

3\. For assets that are surplus goods within the customs area, which have not been established or have been established with state ownership (now established with full public ownership) but have not had a disposal plan, the full public ownership shall be established, the disposal carried out, and the management and use of the proceeds from the disposal of the assets shall be conducted in accordance with Decree No. 29/2018/NĐ-CP and this Circular.

4\. For the remaining proceeds from the disposal of surplus goods within the customs area (if any) on the temporary holding account managed by the Customs Bureau Director, the Customs Bureau shall transfer the funds into the temporary holding account managed by the Department of Finance as specified in Point b Clause 1 of Article 13 of this Circular and complete the transfer before January 1, 2019.

Article 15. Effective Date

1\. This Circular takes effect from August 20, 2018.

2\. This Circular abolishes the following documents:

a) Circular No. 159/2014/TT-BTC dated October 27, 2014 of the Ministry of Finance guiding the implementation of certain contents of Decree No. 29/2014/NĐ-CP dated April 10, 2014 of the Government on the authority, procedures for establishing state ownership over assets and managing, disposing of assets established with state ownership.

b) Clause 3, Point b Clause 1, Clause 2 of Article 5; Articles 7 and 8 of Circular No. 173/2013/TT-BTC dated November 20, 2013 of the Ministry of Finance guiding the implementation of certain contents regarding the management and disposal of seized items and means of administrative violations temporarily detained or confiscated through administrative procedures.

c) Articles 13, 14, 15, 16, 17, 18, and 19 of Circular No. 203/2014/TT-BTC dated December 22, 2014 of the Ministry of Finance guiding the disposal of surplus goods within the customs area.

During the implementation, if any difficulties arise, agencies, organizations, and units are requested to promptly report to the Ministry of Finance for coordination in resolving them./.