Circular No. 63/2018/TT-BTC guiding certain provisions of Government Decree No. 70/2018/NĐ-CP dated May 15, 2018 on the management and use of assets formed through the implementation of scientific and technological tasks funded by state budget.

CIRCULAR

Guidelines for certain provisions of Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on the management and use of assets formed through the implementation of science and technology tasks funded by state capital. YEAR 2018 OF THE GOVERNMENT REGULATING THE MANAGEMENT AND USE OF ASSETS FORMED THROUGH THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS USING STATE CAPITAL through the implementation of scientific and technological tasks UsageIdOfStateCapital

Pursuant to the Law on Management and Use of State Assets dated June 21, 2018;7;

Pursuant to the State Budget Law on June 25, 2015;

Pursuant to Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on the management and use of assets formed through the implementation of science and technology tasks funded by state capital;

Pursuant to Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Assets;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016 of the Government detailing the implementation of certain provisions of the Law on State Budget;

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

At the proposal of the Director of the State Asset Management Agency,

The Minister of Finance issues this Circular guiding certain provisions of Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on the management and use of assets formed through the implementation of science and technology tasks funded by state capital;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular guides certain provisions of Decree No. 70/2018/NĐ-CP dated May 15, 2018 of the Government on the management and use of assets formed through the implementation of science and technology tasks funded by state capital (hereinafter referred to as Decree No. 70/2018/NĐ-CP), including:

1. Management and use of funds obtained from selling or liquidating assets provided for the implementation of science and technology tasks funded by state capital.

2. Management and use of funds obtained from processing assets that are results of science and technology tasks funded by state capital.

3. Issuing invoices when selling assets provided for the implementation of science and technology tasks, and transferring ownership rights to assets that are results of science and technology tasks funded by state capital.

4. Guidelines for the Asset Inventory Form at the end of science and technology tasks funded by state capital; Research and development plans for technology products, applications, and commercialization of research results to request transfer of ownership and usage rights to assets that are results of science and technology tasks funded by state capital.

Article 2. Applicability

1. State agencies responsible for managing science and technology.

2. Agencies assigned to manage science and technology tasks.

3. State representative for assets that are results of science and technology tasks according to the Law on Science and Technology (hereinafter referred to as the state representative).

4. Organizations and individuals primarily implementing science and technology tasks.

5. Organizations and individuals benefiting from the results of science and technology tasks.

6. Agencies assigned to manage state assets.

7. Other organizations and individuals related to the process of managing and using assets formed through the implementation of science and technology tasks.

Chapter II

SPECIFIC PROVISIONS

Article 3. Management and utilization of the proceeds from the sale of assets equipped to implement state-budgeted science and technology tasks

The submission and management, utilization of the proceeds from selling assets equipped to implement state-budgeted science and technology tasks as stipulated in Article 12 of Decree No. 70/2018/NĐ-CP shall be carried out as follows:

1. Within three working days from the date when the organization or individual purchasing the asset pays for the purchase of the asset, the agency entrusted with managing the science and technology task shall deposit the entire proceeds from the sale of the asset into a temporary account at the State Treasury as specified by the agency entrusted with managing public assets as follows:

a) The agency entrusted with managing public assets under the Ministry of Finance as stipulated in Clause 1, Article 19 of the Law on Management and Utilization of Public Assets for assets that are houses or land to implement central-managed science and technology tasks decided by the Prime Minister or the Minister of Finance for disposal;

b) The agency entrusted with managing public assets under ministries or central agencies as stipulated in Clause 2, Article 19 of the Law on Management and Utilization of Public Assets for non-house, non-land assets equipped to implement science and technology tasks managed by ministries or central agencies;

c) The Department of Finance for assets equipped to implement science and technology tasks managed by local authorities.

2. Within thirty days from the date the proceeds from the sale of the asset are deposited into the temporary account, the agency entrusted with managing the science and technology task shall be responsible for compiling and reviewing related expenses associated with the sale of the equipped asset as stipulated in Articles 32 and 33 of Decree No. 70/2028/NĐ-CP and issue a written request to the temporary account holder as specified in Clause 1 of this Article to pay the expenses. The written payment request shall clearly specify the following contents:

a) Information about the sold asset;

b) Proceeds from the sale of the asset;

c) Related expenses associated with the sale of the asset proposed for payment, accompanied by a detailed list of expense items, vouchers, invoices;

d) Information about the account receiving the payment.

3. Within fifteen days from the date of receipt of the payment request as stipulated in Clause 2 of this Article, the temporary account holder shall be responsible for disbursing funds to cover the related expenses associated with the sale of the asset as prescribed.

4. Quarterly, the temporary account holder shall submit the remaining proceeds from the sale of assets equipped to implement completed state-budgeted science and technology tasks to the central budget (for assets equipped to implement central-managed science and technology tasks) or the local budget (for assets equipped to implement locally-managed science and technology tasks) in accordance with the laws on the state budget.

5. In cases where the organization or individual purchasing the asset equipped to implement state-budgeted science and technology tasks fails to complete payment within the time limit stipulated in the Asset Purchase and Sale Contract, they must pay late payment fees. The payment of late fees shall be carried out according to Clause 7, Article 24 of Government Decree No. 151/2017/NĐ-CP dated December 26, 2017 detailing certain provisions of the Law on Management and Utilization of Public Assets (hereinafter referred to as Decree No. 151/2027/NĐ-CP).

Article 4. Management and utilization of the proceeds from the liquidation of assets equipped to perform state-budget-funded science and technology tasks.

The management and utilization of the proceeds from the liquidation of assets equipped to perform state-budget-funded science and technology tasks through sale shall be carried out in accordance with the provisions of Article 3 of this Circular.

Article 5. Management and utilization of the proceeds from selling the state's share of assets equipped to perform state-budget-supported science and technology tasks.

The submission and management and utilization of the proceeds from selling the state's share of assets equipped to perform state-budget-supported science and technology tasks (hereinafter referred to as state-budget support tasks) as stipulated in Article 21 of Decree No. 70/2018/ND-CP shall be implemented as follows:

1. In cases where organizations or individuals purchasing the state's share pay in full at once, the submission of funds and management and utilization of the proceeds from selling the state's share of assets equipped to perform state-budget-supported science and technology tasks shall be carried out in accordance with the provisions of Article 3 of this Circular.

2. In cases where organizations or individuals purchasing the state's share pay in installments,

a) The payment for purchasing the state's share in installments must be decided by the competent authority in accordance with Clause 5, Article 21 of Decree No. 70/2018/ND-CP and recorded in the Asset Sale Contract, specifically:

- Number of payments;

- Payment deadline for each installment;

- Amount of each installment.

The first payment deadline shall not exceed thirty days from the date of signing the Asset Sale Contract. The final payment deadline must ensure that it does not exceed the remaining useful life of the asset as stipulated in Clause 5, Article 21 of Decree No. 70/2018/ND-CP.

If the payment deadline specified in the Asset Sale Contract is exceeded and the organization or individual purchasing the asset fails to pay the full amount of the installment, they must pay late fees. The payment of late fees shall be carried out in accordance with Clause 7, Article 24 of Decree No. 151/2017/ND-CP.

b) Within three working days from the receipt of the first payment from the organization or individual purchasing the state's share, the agency responsible for managing the science and technology task shall deposit the funds into a temporary account at the State Treasury in accordance with Clause 1, Article 3 of this Circular.

c) Within thirty days from the date the first payment for selling the state's share of the asset is deposited into the temporary account, the agency responsible for managing the science and technology task shall be responsible for compiling and reviewing expenses related to the sale of the asset in accordance with Articles 32 and 33 of Decree No. 70/2018/ND-CP and issue a written request to the temporary account holder to pay expenses in accordance with Clause 2, Article 3 of this Circular.

d) Within fifteen days from the date of receiving the written request for payment as stipulated in Point c of this Clause, the temporary account holder shall be responsible for disbursing funds to cover expenses related to the sale of the state's share of the asset as prescribed.

If the initial payment deposited into the temporary account is insufficient to cover the related expenses, the remaining expenses shall be paid after subsequent payments from the organization or individual purchasing the state's share of the asset according to the request of the agency responsible for managing the science and technology task.

e) Subsequent deposits into the temporary account shall be carried out in accordance with Points a and b of this Clause.

3. Quarterly, the temporary account holder shall deposit the remaining proceeds from selling the state's share of assets equipped to perform state-budget-supported science and technology tasks, which have completed expense reimbursement, into the central budget (for assets equipped to perform science and technology tasks under central management) or local budget (for assets equipped to perform science and technology tasks under local management) in accordance with the laws on state budget.

Article 6. Management and use of the amount of money received from transferring ownership rights over assets that are the results of science and technology tasks.

The submission and management and use of the amount of money received from transferring ownership rights over assets that are the results of science and technology tasks as stipulated in Article 28 of Decree No. 70/2018/ND-CP shall be implemented as follows:

1. The value of assets that are the results of science and technology tasks when transferring ownership rights to organizations or individuals shall be determined according to the provisions of Article 27 of Decree No. 70/2018/ND-CP, and the method of paying the asset's value (payment form, payment amount, payment time) shall be specifically recorded in the Contract for transferring ownership rights over assets that are the results of science and technology tasks.

The main contents of the Contract include:

a) The party transferring ownership rights;

b) The party receiving ownership rights;

c) The value of the asset result;

d) Payment method. In cases where payments are made in multiple installments, the specific details of each installment, including the amount and payment deadline, must be clearly stated.

đ) Other related contents.

2. In cases where organizations or individuals receiving ownership rights pay the asset's value in a single payment

a) Within ninety days from the date of the Decision on transferring ownership rights over assets that are the results of science and technology tasks, the organization or individual receiving ownership rights shall be responsible for paying the value to be refunded to the agency managing the science and technology task according to Clause 4 of Article 28 of Decree No. 70/2018/ND-CP. Late payment penalties shall be implemented according to Clause 7 of Article 24 of Decree No. 151/2017/ND-CP.

b) Within three working days from the date the organization or individual receiving ownership rights over assets that are the results of science and technology tasks pays the value to be refunded, the agency managing the science and technology task shall deposit the entire amount into the temporary holding account according to Clause 1 of Article 3 of this Circular.

c) Within fifteen days from the date the amount received from transferring ownership rights over the asset is deposited into the temporary holding account, the agency managing the science and technology task shall be responsible for summarizing and determining related expenses concerning the transfer of ownership rights over assets that are the results of science and technology tasks according to Articles 32 and 33 of Decree No. 70/2018/ND-CP, and shall issue a written request to the temporary holding account holder to pay expenses according to Clause 2 of Article 3 of this Circular.

d) Within thirty days from the date of receipt of the payment request according to Point c of this Clause, the temporary holding account holder shall be responsible for disbursing funds to cover related expenses concerning the transfer of ownership rights over assets that are the results of science and technology tasks as prescribed.

3. In cases where organizations or individuals receiving ownership rights over assets pay the asset's value in multiple installments

a) Payments of the asset's value in multiple installments must be reviewed and decided by the agency or person with authority as stipulated in Article 23 of Decree No. 70/2018/ND-CP. The payment period is specified as follows:

- Within thirty days from the date of signing the Contract for transferring ownership rights over assets that are the results of science and technology tasks, the organization or individual receiving ownership rights shall be responsible for making the first payment to the agency managing the science and technology task.

- Subsequent payment deadlines shall be carried out according to the Contract for transferring ownership rights over assets that are the results of science and technology tasks. The final payment deadline must ensure it does not exceed five years from the date of the Decision on transferring ownership rights over the asset as stipulated in Article 28 of Decree No. 70/2018/ND-CP.

If the payment deadline for each installment as stipulated in the Contract for transferring ownership rights over the asset result is exceeded and the organization or individual receiving ownership rights does not fully pay the installment amount, they must pay additional late payment fees. Late payment penalties shall be implemented according to Clause 7 of Article 24 of Decree No. 151/2017/ND-CP.

b) The management and use of the amount of money received from transferring ownership rights over assets that are the results of science and technology tasks for each payment and after all payments have been completed shall be carried out according to Points b, c, d, and đ of Clause 2 of Article 5 of this Circular.

4. Annually, the temporary holding account holder shall implement the submission of the remaining amount from transferring ownership rights over assets that are the results of completed science and technology tasks into the central budget (for assets that are the results of science and technology tasks under central management) or local budget (for assets that are the results of science and technology tasks under local management) according to the laws on state budget.

Article 7. Issuing invoices when selling assets for implementing science and technology tasks, transferring ownership rights to assets that are results of science and technology tasks

1. Issuing sales invoices for state-owned assets in the following cases:

a) Selling assets equipped for implementing budget-funded science and technology tasks as stipulated in Point a, Clause 1, Article 12 of Decree No. 70/2018/NĐ-CP;

b) Selling the state's share in assets equipped for implementing budget-supported science and technology tasks to organizations or individuals in charge as stipulated in Clause 1, Article 21 of Decree No. 70/2018/NĐ-CP;

c) Paying the value of assets that are results of budget-funded science and technology tasks when transferring ownership rights to the organization or individual in charge or another organization or individual as stipulated in Points c and d, Clause 1, Article 22 of Decree No. 70/2018/NĐ-CP;

d) Paying the value of assets that are results of budget-supported science and technology tasks when transferring the state's share of ownership rights to the organization or individual in charge or another organization or individual as stipulated in Points b and c, Clause 2, Article 22 of Decree No. 70/2018/NĐ-CP.

2. Issuing value-added tax invoices in the following cases:

a) Selling assets equipped for implementing budget-supported science and technology tasks to other organizations or individuals as stipulated in Clause 4, Article 21 of Decree No. 70/2018/NĐ-CP;

b) Paying the value of assets that are results of budget-supported science and technology tasks when transferring full ownership rights to other organizations or individuals as stipulated in Point c, Clause 2, Article 22 of Decree No. 70/2018/NĐ-CP.

Article 8. Forms for the inventory report of assets at the end of science and technology tasks and the proposal plan for research, development of technology products, applications, commercialization to request transfer of ownership and usage rights of science and technology task results

1. The inventory report of assets equipped at the end of science and technology tasks as stipulated in Point b, Clause 1, Article 10 of Decree No. 70/2018/NĐ-CP shall be implemented according to Form No. 01/BBKK issued together with this Circular.

2. The proposal plan for researching, developing technology products, applications, and commercializing research results to request transfer of ownership and usage rights of assets that are results of science and technology tasks funded by state capital as stipulated in Point b, Clause 1, Article 24 of Decree No. 70/2018/NĐ-CP shall be implemented according to Form No. 02/PA issued together with this Circular.

Chapter III

IMPLEMENTATION

Article 9. Effective Date

1. This Circular takes effect from September 15, 2018.

2. Circular Jointly Issued No. 16/2015/TTLT-BKHCN-BTC dated September 1, 2015, of the Ministry of Science and Technology and the Ministry of Finance guiding the management and handling of assets formed through the implementation of science and technology tasks using state budget funds ceases to be effective from the date this Circular takes effect.

3. In the course of implementation, if any difficulties arise, agencies, organizations, and units are requested to promptly reflect them to the Ministry of Finance for coordinated resolution./.