Circular No. 69/TT-LB guides the management and use of trade union assets according to Decree No. 133-HDBT on ownership rights and decentralized management of trade union assets. The document provides detailed regulations on the origin, classification of assets owned by trade unions or the State, as well as procedures for determining ownership and usage rights.
适用范围
Trade union organizations at all levels; relevant state agencies
要点
- Trade unions manage socialist public assets to serve their activities (Article I).
- Assets under the ownership of trade unions include assets purchased or constructed with funds managed by trade unions and from support from organizations or individuals (Point 1.1 Article II).
- State-owned assets are those built or purchased with funds provided by the State (Point 2.a Article II).
- Trade unions establish asset files to determine ownership rights and submit them to the financial authority at the same level for inspection and review before submitting to the Prime Minister for assignment of ownership rights to the Vietnam General Confederation of Labor (Article III).
- In cases where the source of funds forming the assets is unclear or there are disputes, trade unions cooperate with financial authorities to verify within 12 months from the date this Circular takes effect (Point 3 Article III).
🌐 本文件的社会影响
- Trade unions can manage and use assets more effectively.
- The State can better control the use of public resources.
- Workers benefit from the use of trade union assets to meet their needs.
❓ 常见问题
Which assets belong to the ownership of trade unions?
Assets purchased or constructed by trade unions with funds managed by trade unions or from support from organizations or individuals (Point 1.1 Article II).
What is the procedure for determining ownership rights of assets?
Trade unions establish asset files and submit them to the financial authority at the same level for inspection and review before submitting to the Prime Minister for assignment of ownership rights to the Vietnam General Confederation of Labor (Article III).
How will assets with unclear sources of formation funds be handled?
Within 12 months from the date this Circular takes effect, trade unions cooperate with financial authorities to verify. If verification is not possible, they will be classified as State-owned assets (Point 3 Article III).
When must local procedures be completed?
By July 1, 1994 at the latest, reports must be submitted to the Vietnam General Confederation of Labor (Article III).
全文
CIRCULAR
NUMBER 69/TT-LB OF AUGUST 12, 1993 BY THE JOINT MINISTRY OF FINANCE-VIETNAM GENERAL CONFEDERATION OF LABOR GUIDING THE IMPLEMENTATION OF DECREE 133-HĐBT OF THE STATE COUNCIL ON THE MANAGEMENT AND USE OF UNION ASSETS
BASED ON ARTICLE 21 OF DECREE 133/HĐBT OF APRIL 20, 1991 OF THE STATE COUNCIL (NOW THE GOVERNMENT) ON GUIDELINES FOR THE IMPLEMENTATION OF THE UNION LAW, THE MINISTRY OF FINANCE - VIETNAM GENERAL CONFEDERATION OF LABOR GUIDES THE MANAGEMENT AND USE OF UNION ASSETS AS FOLLOWS:
I. GENERAL PRINCIPLES
1. UNION ASSETS ARE SOCIALIST ASSETS, MANAGED AND USED BY UNION ORGANIZATIONS TO SERVE UNION ACTIVITIES.
2. UNION ASSETS MUST BE UNIFIED IN MANAGEMENT. THE VIETNAM GENERAL CONFEDERATION OF LABOR IS THE OWNER, SUBORDINATE UNIONS ARE THE DIRECT MANAGERS AND USERS ACCORDING TO THE DELEGATION OF THE VIETNAM GENERAL CONFEDERATION OF LABOR.
3. THE RIGHT TO OWN AND USE ASSETS IS DETERMINED BASED ON THE SOURCE OF FUNDS FORMING THE ASSETS.
II. DETERMINATION OF RIGHTS TO OWN AND USE UNION ASSETS
1. ASSETS BELONGING TO UNION OWNERSHIP INCLUDE:
a) ASSETS PURCHASED OR BUILT WITH FUNDS MANAGED BY THE UNION.
b) ASSETS DONATED TO THE UNION BY DOMESTIC AND FOREIGN ORGANIZATIONS AND INDIVIDUALS.
c) ASSETS CREATED BY UNION PRODUCTION AND BUSINESS UNITS.
d) ASSETS FORMED FROM UNION FUNDS AND NATIONAL BUDGET FUNDS UNTIL JUNE 30, 1994, WITHOUT REGARD TO THE PERCENTAGE CONTRIBUTION OF EACH SOURCE.
FROM JULY 1, 1994, IF UNION FUNDS COMPRISE 50% OR MORE OF THE ASSET'S SOURCE, IT BELONGS TO UNION OWNERSHIP.
2. ASSETS BELONGING TO STATE OWNERSHIP INCLUDE:
a) ASSETS BUILT OR PURCHASED WITH STATE FUNDS.
b) ABANDONED HOUSES THAT HAVE BEEN LEGALLY DETERMINED AS STATE PROPERTY ACCORDING TO DECISION 297/CT OF OCTOBER 2, 1991 OF THE STATE COUNCIL CHAIRMAN (NOW THE PRIME MINISTER).
c) HEADQUARTERS, HOUSING, AND ARCHITECTURAL STRUCTURES UNDER THE MANAGEMENT OF THE LAND ADMINISTRATION AUTHORITY, CURRENTLY LOANED TO UNION AUTHORITIES.
d) LAND ATTACHED TO ASSETS MANAGED AND USED BY UNION AUTHORITIES.
e) FROM JULY 1, 1994, ASSETS FORMED FROM STATE BUDGET FUNDS COMPRISING OVER 50% BELONG TO STATE OWNERSHIP.
THESE ASSETS SHALL CONTINUE TO BE MANAGED AND USED BY THE UNION IN ACCORDANCE WITH CURRENT LAWS TO SERVE WORKERS.
III. PROCEDURES FOR DETERMINING RIGHTS TO OWN AND USE UNION ASSETS
1. FOR ASSETS BELONGING TO UNION OWNERSHIP, UNION AUTHORITIES NEED TO PREPARE ASSET DOCUMENTS AS LISTED AT POINTS a, b, c, d OF PART II ABOVE, SUBMIT THEM TO THE SAME LEVEL FINANCIAL AUTHORITY FOR REVIEW AND APPROVAL, THEN SEND THEM TO THE VIETNAM GENERAL CONFEDERATION OF LABOR AND THE MINISTRY OF FINANCE FOR COMBINED REPORTING TO THE PRIME MINISTER TO ASSIGN OWNERSHIP TO THE VIETNAM GENERAL CONFEDERATION OF LABOR. AFTER APPROVAL BY THE PRIME MINISTER, THE VIETNAM GENERAL CONFEDERATION OF LABOR WILL ASSIGN THE RIGHT TO USE ASSETS TO SUBORDINATE UNION LEVELS.
2. FOR ASSETS BELONGING TO STATE OWNERSHIP, UNION AUTHORITIES NEED TO COOPERATE WITH THE ASSET MANAGEMENT AUTHORITY (LAND ADMINISTRATION OR CONSTRUCTION AUTHORITY...) TO COMPLETE LEASE AND USE LICENSE PROCEDURES. IF THE MANAGING AUTHORITY IS UNCLEAR, REPORT TO THE PEOPLE'S COMMITTEE OF THE PROVINCE/CITY (FOR LOCAL UNION AUTHORITIES) OR THE GOVERNMENT OFFICE (FOR CENTRAL UNION AUTHORITIES) TO DESIGNATE THE MANAGING AUTHORITY.
3. FOR ASSETS WITH AN UNCLEAR SOURCE OF FUNDS TO DETERMINE WHETHER THEY BELONG TO STATE OR UNION OWNERSHIP, OR ARE IN DISPUTE, UNION AUTHORITIES NEED TO COLLABORATE WITH THE FINANCIAL AUTHORITY TO VERIFY. IF VERIFICATION IS NOT COMPLETED WITHIN 12 MONTHS FROM THE DATE OF THIS CIRCULAR, THEY SHALL BE CLASSIFIED AS "STATE OWNERSHIP" AND HANDLED ACCORDING TO THE PROVISIONS AT POINTS 2 OF PARTS II AND III OF THIS CIRCULAR.
4. LOCAL AUTHORITIES MUST COMPLETE ALL PROCEDURES BY JULY 1, 1994 AND REPORT TO THE VIETNAM GENERAL CONFEDERATION OF LABOR.
THIS CIRCULAR TAKES EFFECT FROM THE DATE OF ISSUE. ANY ISSUES ENCOUNTERED DURING IMPLEMENTATION SHOULD BE REPORTED PROMPTLY TO THE MINISTRY OF FINANCE AND THE VIETNAM GENERAL CONFEDERATION OF LABOR FOR REVIEW AND RESOLUTION.
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