Decree No. 70/2018/NĐ-CP stipulates the management and use of assets formed through the implementation of science and technology tasks funded by state capital.

DECREE

Regulations on the management and use of assets formed through the implementation of scientific and technological tasks funded by state capital.

formed through the implementation of scientific and technological tasks using state funds

scientific and technological activities using state funds

Pursuant to the Law on Government Organization dated June 19, 2015;

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

Based on the Law on Science and Technology dated June 18, 2013;

Based on the Law on Technology Transfer dated June 21, 2017;

Based on the Intellectual Property Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

At the proposal of the Minister of Finance;

The Government issues this Decree to regulate the management and use of assets formed through the implementation of scientific and technological tasks funded by state capital. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree regulates the management and use of assets formed through the implementation of scientific and technological tasks funded by state capital including:

1. Assets equipped for the implementation of scientific and technological tasks funded entirely by the state budget.

2. Assets equipped for the implementation of scientific and technological tasks funded partially by the state budget.

3. Assets that are the results of scientific and technological tasks funded entirely by the state budget.

4. Assets that are the results of scientific and technological tasks funded partially by the state budget.

Article 2. Applicability

1. State agencies responsible for managing science and technology.

2. Agencies entrusted with managing scientific and technological tasks.

3. Representatives of the state owner regarding assets that are the results of implementing scientific and technological tasks as stipulated in the Law on Science and Technology (hereinafter referred to as representatives of the state owner).

4. Organizations and individuals primarily responsible for implementing scientific and technological tasks.

5. Organizations and individuals benefiting from the results of implementing scientific and technological tasks.

6. Other organizations and individuals related to the process of managing and using assets formed through the implementation of scientific and technological tasks.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Scientific and technological tasks funded entirely by the state budget (hereinafter referred to as state-budgeted tasks) are scientific and technological tasks approved by competent state authorities to be implemented using the entire state budget.

2. Scientific and technological tasks funded partially by the state budget (hereinafter referred to as state-subsidized tasks) are scientific and technological tasks approved by competent state authorities to be implemented using multiple sources of funding, including a portion of the state budget.

3. Granting ownership rights to assets is the act of the State deciding to transfer possession, use, and disposal rights of assets to the recipient.

4. Granting asset usage rights is the act of the State deciding to grant the recipient the right to manage, exploit, and use assets under specific conditions.

5. Non-reimbursable transfer of state ownership rights over assets is the act of the State deciding to transfer state ownership rights over assets formed through the implementation of state-subsidized tasks to the recipient without requiring reimbursement of the state's asset value.

A database on scientific and technological assets is a component of the national database on public assets, established to uniformly manage assets that are the results of scientific and technological tasks nationwide.

The representative of the state owner for scientific and technological assets is:

a) The Minister of Science and Technology for national-level scientific and technological tasks, except for national-level scientific and technological tasks specified in point b of this clause;

b) The Minister, Head of a ministry equivalent to a ministry, agency under the Government, central-level agency, or Chairman of the People's Committee of a province for: National-level scientific and technological tasks assigned to manage; scientific and technological tasks approved by themselves;

c) The head of the agency or organization for scientific and technological tasks approved by themselves.

The agency managing scientific and technological tasks is the agency, organization, or unit entrusted by the authority approving scientific and technological tasks to manage such tasks.

The organization primarily responsible for scientific and technological tasks is the organization that registers to participate in selection or is directly assigned to implement scientific and technological tasks, signs a science and technology contract, and implements the signed science and technology contract.

The individual primarily responsible for scientific and technological tasks is an individual:

a) Who independently or collaborates with other organizations or individuals to implement scientific and technological tasks, sign science and technology contracts;

b) Who registers to participate in selection or is directly assigned to implement scientific and technological tasks;

c) Who implements signed science and technology contracts.

Article 4. Principles for managing and using assets formed from the implementation of science and technology tasks funded by state capital

1. Assets formed through the implementation of budget-funded tasks are public assets. Management and use shall be carried out in accordance with the Law on Management and Use of Public Assets, this Decree, and relevant laws.

2. Assets formed through the implementation of budget support-funded tasks are co-owned assets; management and use of such assets shall be conducted according to the agreement in the Contract between the competent state agency and the other parties, and the approved scientific and technological task description, as stipulated by the Law on Science and Technology, this Decree, and relevant laws.

3. Management, use, and exploitation of assets resulting from the implementation of tasks must be strict, effective, transparent, and open.

4. Assets formed through the implementation of budget-funded or budget support-funded tasks at units of the People's Armed Forces are special assets subject to management and use in accordance with the Law on Management and Use of Public Assets, this Decree, and relevant laws.

Chapter II

MANAGEMENT AND USE OF ASSETS FOR

IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS

Section 1

MANAGEMENT AND USE OF ASSETS FOR

IMPLEMENTATION OF BUDGET-FUNDED TASKS

Article 5. Sources of assets for equipping to implement scientific and technological tasks

1. State allocation or transfer of assets:

a) The leading organization or individual is responsible for arranging and allocating existing assets to carry out the task. In cases where existing assets cannot meet the requirements of the task, they shall report to the competent authority to decide on the allocation or transfer of assets (if any) to carry out the task;

b) The authority to decide on the allocation or transfer of assets is determined by the approving authority of the task in accordance with the Law on Management and Use of Public Assets.

2. Leasing assets:

a) Asset leasing shall be carried out when the following conditions are met: The leading organization or individual implementing the task cannot arrange and allocate existing assets; there is no source of assets for transfer or only partial transfer is possible; the asset usage period is short (less than 50% of the prescribed usage period for each asset) or the usage requirement is not regular; leasing assets is more efficient than purchasing them;

b) The leading organization or individual implementing the task shall prepare a list of leased assets and include it in the project budget, submit it to the approving authority of the task for approval, and lease the assets in accordance with the law on management and use of public assets;

c) After receiving approval from the competent authority for leasing assets, the leading organization or individual implementing the task shall lease the assets in accordance with the law on management and use of public assets and relevant laws.

3. Purchasing assets:

a) Asset procurement for task implementation shall be carried out in cases where the provisions of Clause 1 and Clause 2 of this Article do not apply;

b) The leading organization or individual implementing the scientific and technological task shall prepare a list of purchased assets and include it in the project budget, submit it to the approving authority of the scientific and technological task for approval;

c) After receiving approval from the competent authority for asset procurement, the leading organization or individual implementing the task shall purchase assets in accordance with the law on procurement of assets from the state budget.

Article 6. Management and use of assets for the implementation of science and technology tasks

1. The leading organizations and individuals have the responsibility to manage and use assets for the implementation of tasks in accordance with their intended purposes; establish and maintain separate registers for tracking assets, manage and store asset-related documents in accordance with regulations; fully enter information about assets into the National Database on State Assets (except for assets listed in the special category at units of the People's Armed Forces).

2. Leading organizations and individuals have the responsibility to carry out maintenance and repair of assets in accordance with the provisions of the law. Maintenance and repair costs are allocated from the budget funds for implementing science and technology tasks.

3. Leading organizations and individuals implementing state-budgeted science and technology tasks have the responsibility to inventory and implement asset reporting procedures according to the requirements of the approving authority for science and technology tasks.

4. Upon completion of the task, the leading organization or individual implementing the task shall prepare a plan for handling the assets provided for in Article 7 of this Decree, and submit it to the authority specified in Articles 8 and 9 of this Decree for consideration and decision.

Article 7. Forms of handling assets upon completion of science and technology tasks

1. Transfer assets to the leading organization:

a) By increasing the asset value and recording the asset value for the leading organization which is a state agency, public service unit, unit of the People's Armed Forces, Communist Party of Vietnam agency, political-social organization;

b) By increasing the state capital investment in enterprises for leading organizations which are wholly state-owned enterprises; or enterprises with partial state capital in cases where the enterprise agrees to adjust its capital structure.

2. Sell directly to the leading organization or individual:

a) In cases where the leading organization specified in point b Clause 1 of this Article does not accept the increase in capital and has a written request to purchase the asset;

b) Enterprises without state capital and individuals leading science and technology tasks.

3. Grant usage rights to the leading organization or individual in cases where the leading organization or individual specified in Clause 2 of this Article does not accept to purchase the asset and such transfer is decided by the Minister of Science and Technology (for national-level science and technology tasks, except for national-level science and technology tasks assigned to ministries or central agencies to manage), the Minister or Head of a Central Agency (for ministry-level science and technology tasks, national-level science and technology tasks assigned to manage), the Provincial People's Committee (for science and technology tasks under local management) based on the conclusion of the Acceptance Board regarding the continued utilization, improvement of results, commercialization of technology and products, and the recommendation of the managing agency of the science and technology task. The leading organization or individual has the responsibility to repay the asset value through commercialization of the results.

4. In cases where the leading organization or individual does not accept the transfer or purchase of assets as prescribed in Clauses 1, 2, and 3 of this Article, they shall be handled in the following forms:

a) Transfer to state agencies, public service units, units of the People's Armed Forces, Communist Party of Vietnam agencies, political-social organizations;

b) Sell;

c) Liquidate;

d) Destroy.

Article 8. Competence to decide on the handling of assets for scientific and technological tasks under central management

1. The Prime Minister decides:

a) To transfer assets through increasing state capital investment in enterprises for organizations in charge that are wholly state-owned enterprises; or for organizations in charge that have partial state capital in cases where the enterprise agrees to adjust its capital structure according to the proposal of the Minister of Finance based on the proposal of the Minister, head of the central agency, or the Chairman of the People's Committee of the province concerned;

b) To transfer assets in special cases as prescribed in Article 20 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 Public Assets.

2. The Minister of Science and Technology:

a) Decides to transfer assets of national-level scientific and technological tasks, except for national-level scientific and technological tasks assigned to ministries and central agencies for management, to organizations in charge that are agencies, organizations, or units specified in Point a Clause 1 Article 7 of this Decree upon the proposal of the Minister, head of the central agency, or the Chairman of the People's Committee of the province concerned;

b) Decides to sell assets of national-level scientific and technological tasks to organizations or individuals in charge specified in Clause 2 Article 7 of this Decree;

c) Decides to transfer the right to use assets of national-level scientific and technological tasks to organizations or individuals in charge specified in Clause 3 Article 7 of this Decree;

d) Decides or delegates competence to decide on selling, liquidating, or destroying assets of national-level scientific and technological tasks specified in Points b, c, and d Clause 4 Article 7 of this Decree in accordance with the law.

3. Ministers, heads of central agencies:

a) Decide or delegate competence to decide on transferring assets of scientific and technological tasks within their management scope to organizations in charge that are agencies, organizations, or units within their management scope as specified in Point a Clause 1 Article 7 of this Decree;

b) Decide to sell directly assets of scientific and technological tasks within their management scope to organizations or individuals in charge specified in Clause 2 Article 7 of this Decree;

c) Decide to transfer the right to use assets of scientific and technological tasks within their management scope to organizations or individuals in charge specified in Clause 3 Article 7 of this Decree;

d) Decide or delegate competence to transfer assets of scientific and technological tasks within their management scope to agencies, organizations, or units within their management scope as specified in Point a Clause 4 Article 7 of this Decree;

đ) Decide or delegate competence to decide on selling, liquidating, or destroying assets of scientific and technological tasks within their management scope specified in Points b, c, and d Clause 4 Article 7 of this Decree;

e) Approval of plans for transferring or selling directly to organizations or individuals in charge specified in Point a and Point b of this clause, and transferring to agencies, organizations, or units within their management scope specified in Point d of this clause for assets being motor vehicles and other assets with original value of 500 million VND or more per asset shall be carried out after obtaining a written consensus from the Ministry of Finance.

4. The Minister of Finance decides:

a) To sell real estate assets according to the proposal of the Minister, head of the central agency concerned;

b) To transfer assets of scientific and technological tasks between ministries, central agencies, between ministries, central agencies, and localities, and between provinces and centrally-administered cities according to the proposal of the Minister, head of the central agency, and the Chairman of the People's Committee of the province concerned.

Article 9. Competence to decide on the handling of equipment assets for science and technology tasks under local management

1. The Prime Minister decides:

a) Transfer assets through the form of increasing state capital investment in enterprises for organizations in charge that are 100% state-owned enterprises; or organizations in charge that are enterprises with part state capital in cases where the enterprise agrees to adjust the capital structure according to the proposal of the Ministry of Finance based on the proposal of the provincial People's Committee related thereto;

b) To transfer assets in special cases as prescribed in Article 20 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 Public Assets.

2. Provincial People's Committees:

a) Decide or delegate competence to decide on transferring assets to the organization in charge as stipulated in point a, Clause 1, Article 7 of this Decree, which is an agency, organization, unit within the scope of local management;

b) Decide or delegate competence to decide on selling assets directly to the organization or individual in charge as stipulated in Clause 2, Article 7 of this Decree;

c) Decide on transferring the right to use assets of science and technology tasks to the organization or individual in charge as stipulated in Clause 3, Article 7 of this Decree;

d) Decide or delegate competence to decide on reallocating assets among agencies, organizations, units within the scope of local management as stipulated in point a, Clause 4, Article 7 of this Decree;

đ) Decide or delegate competence to decide on selling, liquidating, or destroying assets as stipulated in points b, c, and d, Clause 4, Article 7 of this Decree;

3. The Minister of Finance decides on reallocating assets between provinces and centrally-administered cities, between localities and the central government upon the proposal of the Chairman of the Provincial People's Committee, the Minister, or the head of a central agency related thereto.

Article 10. Procedures and formalities for handling assets when science and technology tasks conclude

1. Preservation, inventory, and formulation of asset disposal plans:

a) Organizations or individuals in charge have the responsibility to preserve assets and asset files from the day the science and technology task concludes according to the Contract or from the day the decision to terminate the implementation of the science and technology task is made until the completion of asset disposal according to the competent authority's decision;

b) At the latest 60 days from the date the science and technology task concludes according to the Contract or the date the decision to terminate the implementation of the science and technology task is made, the organization or individual in charge must complete the asset inventory, formulate the asset disposal plan, and submit it to the agency responsible for managing the science and technology task. The inventory must be recorded in a protocol according to the Model issued by the Ministry of Finance;

c) The application for asset disposal submitted to the agency managing the science and technology task includes:

- A document proposing the disposal of assets of concluded science and technology tasks: 01 original copy;

- Inventory protocol of assets: 01 original copy;

- List of assets proposed for disposal (type, quantity, original cost, remaining value) and proposal for asset disposal methods, including clearly stating the method of asset disposal as prescribed in Article 7 of this Decree: 01 original copy.

2. Within 30 days from the date of receiving the proposed plan from the organization or individual in charge, the agency responsible for managing the science and technology task has the responsibility to prepare 01 set of documents to submit to the agency responsible for implementing the management of public assets of the Ministry or central agency (for national-level science and technology tasks, ministry-level science and technology tasks, and grassroots-level tasks under central management); submit to the Department of Finance (for provincial-level science and technology tasks and grassroots-level tasks under local management). The documents include:

 - Document of the agency responsible for managing the science and technology task, in which the opinion on the asset disposal proposal of the organization or individual in charge must be clearly stated: 01 original copy;

In particular, for cases proposing capital increase, an additional document requesting an increase in state capital at the enterprise must be attached for the case of transferring assets through the form of capital increase: 01 original copy;

- Application for disposal of the organization or individual in charge as stipulated in point c, Clause 1 of this Article: 01 copy; - Related documents and materials concerning the asset and the disposal plan (if any): 01 copy.

3. Within 30 days from the date of receiving all documents as prescribed in Clause 2 of this Article, the agency responsible for implementing the management of public assets of the Ministry or central agency (for national-level science and technology tasks, ministry-level science and technology tasks, and grassroots-level tasks under central management); the Department of Finance (for provincial-level science and technology tasks and grassroots-level tasks under local management) has the responsibility to review the asset disposal plan to:

a) Notify the agency responsible for managing the science and technology task in cases where the asset disposal falls within the jurisdiction of the management agency;

b) Decide according to its jurisdiction in cases where the asset disposal falls within the jurisdiction of the agency responsible for implementing the management of public assets;

c) Report to the Minister, head of a central agency, or Chairman of the Provincial People's Committee for decision according to their jurisdiction;

d) Report to the Ministry, central agency, or Provincial People's Committee for a decision by the Ministry of Finance according to its jurisdiction or for submission to the Prime Minister for consideration and decision.

4. Based on the approved plan by the competent agency or person, the agency responsible for managing the science and technology task organizes the implementation of asset disposal according to regulations.

Article 11. Transfer of Assets to Organizations Mainly Implementing Scientific and Technological Tasks

1. Within seven days from the date of the decision on asset transfer issued by the competent authority, the agency managing the scientific and technological task shall be responsible for organizing the handover. The handover must be documented in a record according to Model No. 01/TSC-BBGN attached 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 Property.

2. After the asset handover record is established, the organization mainly implementing the task shall be responsible for:

a) Accounting, managing, and using the assets in accordance with the laws on management and use of state property for the case where the recipient of the assets is as specified in point a, Clause 1, Article 7 of this Decree. The value of the transferred assets is the value recorded in the accounting books;

b) Managing and using the assets in accordance with the laws on management and use of state capital invested in production and business at enterprises and related laws when the organization mainly implementing the task is an enterprise as specified in point b, Clause 1, Article 7 of this Decree. The value of the transferred assets is determined in line with the market value of the assets at the time of handover to increase capital.

3. In the case where the organization mainly implementing the task as specified in point a, Clause 1, Article 7 of this Decree does not use the assets after receiving them, leading to waste, the agency or person authorized to transfer the assets as stipulated in Articles 8 and 9 of this Decree shall decide to recover the assets; the handling shall be carried out in accordance with the laws on management and use of state property. The organization mainly implementing the task that does not use the assets and causes waste shall be dealt with in accordance with the law.

Article 12. Sale of Assets

Within thirty days from the date of the decision on asset sale issued by the competent authority, the agency mainly implementing the scientific and technological task shall organize the sale of assets, which shall be implemented as follows:

1. Direct sale to the organization or individual mainly implementing the task:

a) The agency managing the scientific and technological task shall be responsible for signing a Sales Contract with the organization or individual mainly implementing the scientific and technological task. The issuance of sales invoices to the buyer shall be carried out in accordance with the laws on sales invoices for state assets;

b) The selling price of the assets shall be determined based on the remaining value of the assets recorded in the accounting books.

2. Auction sale:

a) The agency managing the scientific and technological task shall be responsible for determining and approving the starting price, signing a contract with a professional auction organization to organize the auction in accordance with the laws on management and use of state property and laws on auction of assets;

In the event that a professional auction organization cannot be hired to conduct the auction, the head of the agency managing the scientific and technological task shall decide to establish an Auction Committee chaired by the leader appointed to form the committee; other members include representatives of the financial department at the same level, technical experts (if necessary), and other relevant members;

b) The agency managing the scientific and technological task shall be responsible for signing a Sales Contract with the organization or individual purchasing the assets. The issuance of sales invoices to the buyer shall be carried out in accordance with the laws on sales invoices for state assets.

3. Management and use of proceeds from the sale of assets:

All proceeds from the sale of assets shall be deposited into a temporary account opened at the State Treasury in accordance with the guidelines of the Ministry of Finance.

Expenses related to the sale of assets shall be covered from the proceeds of the sale of assets. If the proceeds from the sale of assets are insufficient, they shall be covered from the budget of the agency managing the scientific and technological task.

Article 13. Transfer of Assets

1. Within thirty days from the date of the decision on asset transfer issued by the competent authority or agency responsible for managing scientific and technological tasks, such agency shall organize the handover of assets to the receiving unit in coordination with the organization or individual primarily responsible for the scientific and technological tasks and relevant agencies (if any), in accordance with Article 21 of Decree No. 151/2017/NĐ-CP dated December 26, 2017, detailing certain provisions of the Law on Management and Use of Public Assets.

2. Any costs arising during the handover and receipt process (if any) shall be borne by the receiving agency.

Article 14. Liquidation of Assets

1. Within thirty days from the date of the decision on asset liquidation issued by the competent authority or agency responsible for managing scientific and technological tasks, such agency shall organize the liquidation of assets. The method, procedure, and process of asset liquidation shall be carried out in accordance with Article 29 of Decree No. 151/2017/NĐ-CP dated December 26, 2017, detailing certain provisions of the Law on Management and Use of Public Assets.

2. Costs related to the liquidation of assets shall be funded from the proceeds of the asset liquidation (if any). In cases where the proceeds from the liquidation of assets are insufficient, they shall be covered by the budget of the agency responsible for managing scientific and technological tasks.

Article 15. Destruction of Assets

1. Within thirty days from the date of the decision on asset destruction issued by the competent authority or agency responsible for managing scientific and technological tasks, such agency shall handle the assets according to the authorized destruction method. The destruction process shall be carried out in accordance with Article 33 of Decree No. 151/2017/NĐ-CP dated December 26, 2017, detailing certain provisions of the Law on Management and Use of Public Assets.

2. Costs related to the destruction of assets shall be funded from the budget of the agency responsible for managing scientific and technological tasks.

Article 16. Handling of Assets Equipped for Scientific and Technological Tasks Not Yet Completed According to the Contract but No Longer Needed or Usable, or Not Completed as Per the Contract

1. For scientific and technological tasks not yet completed according to the contract, which have assets that are no longer needed or usable, or tasks not completed as per the contract, the organization or individual primarily responsible for implementing the scientific and technological tasks must inventory and propose a handling plan for the assets to be submitted to the agency or person with authority as stipulated in Articles 8 and 9 of this Decree for consideration and decision.

2. The form of asset handling shall be carried out in accordance with Article 7 of this Decree; the procedures for handling assets shall be carried out in accordance with Articles 10, 11, 12, 13, 14, and 15 of this Decree.

Article 17. Handling of Assets Attached and Unseparable from Resulting Assets After Completion of Scientific and Technological Tasks, and Assets Equipped for Tasks Implemented Up to Final Product

The form, procedure, and process of handling assets attached and unseparable from resulting assets, and assets equipped for tasks implemented up to final product after completion of scientific and technological tasks shall be carried out in accordance with Chapter III of this Decree.

Section 2

MANAGEMENT, USE AND HANDLING OF ASSETS EQUIPPED FOR IMPLEMENTATION

 OF BUDGET-SUPPORTED TASKS

Article 18. Management and Use of Assets for Implementing Budget-Supported Tasks

1. The State exercises ownership rights over the portion of assets corresponding to the capital contribution in science and technology tasks.

2. The management, use, and disposal of assets related to budget-supported science and technology tasks shall be carried out according to the Contract signed between the competent state agency and the organization or individual primarily responsible for implementing the science and technology task, wherein it must clearly reflect the portion of asset ownership belonging to the State and the form of disposal as prescribed in Article 19 of this Decree.

3. The agency or person with authority to approve the budget-supported task shall decide on the form of disposal of the portion of asset ownership belonging to the State.

Article 19. Forms of Disposal of Assets Belonging to the State

1. The State shall transfer without compensation the portion of assets belonging to the State to the organization or individual primarily responsible for implementing the science and technology task in the following cases:

a) For tasks where the State's support does not exceed 30% of the total capital;

b) Other science and technology programs as decided by the Prime Minister's approval decision that stipulates the State's transfer of assets without compensation.

2. Selling the State's share to the organization or individual primarily responsible for the task or selling to another organization or individual upon agreement among co-owners in cases not covered by Clause 1 of this Article.

3. Granting the right to use the portion of assets belonging to the State to the organization or individual primarily responsible for the task when such organizations or individuals do not purchase the assets and cannot sell them to other organizations or individuals. The Minister of Science and Technology (for national-level science and technology tasks), the Minister or Head of central agencies (for ministry-level science and technology tasks), and the People's Committee of the province (for science and technology tasks under local management) shall consider and decide on the grant based on the conclusion of the Acceptance Board regarding the continued promotion and improvement of the commercialization of technology and products, and the proposal of the task management agency. The primary organization has the responsibility to repay the value of the assets through the commercialization of results.

The procedures for granting the right to use the portion of assets belonging to the State shall be implemented in accordance with Article 26 of this Decree and the guidance of the Ministry of Science and Technology.

Article 20. Transfer Without Compensation of Ownership Rights of Assets for Implementing Science and Technology Tasks

1. The organization or individual primarily responsible has the duty to preserve the assets and their records from the end of the science and technology task according to the Contract or the date of the decision to terminate the task until the completion of the asset disposal process as decided by the competent authority.

2. Within no more than 60 days from the end date of the science and technology task according to the Contract or the date of the decision to terminate the task, the agency entrusted with managing the science and technology task and the organization or individual primarily responsible have the duty to liquidate the contract and hand over and accept the assets. The handover and acceptance shall be conducted according to Model No. 01/TSC-BBGN attached to Government Decree No. 151/2017/NĐ-CP dated December 26, 2017 detailing certain provisions of the Law on Management and Use of Public Assets. The management and use of assets after acceptance shall be carried out in accordance with civil law, relevant laws concerning the accepted assets, the recipient (organization or individual), and the terms and conditions of the task contract or decisions of the competent authority.

3. Annually, the agency entrusted with managing the science and technology task has the responsibility to compile and report to ministries, central agencies, and provincial People's Committees on the results of transferring without compensation the portion of assets belonging to the State for public disclosure and reporting as required by the competent state authority according to regulations.

Article 21. Sale of State-owned portion of assets equipped to perform scientific and technological tasks

1. The State sells the ownership rights over assets equipped for cases not covered by Clause 1 of Article 19 of this Decree to organizations or individuals primarily responsible for performing the task. If the organization or individual primarily responsible does not purchase, the co-owners shall agree on a plan to sell to other organizations or individuals.

2. The selling price of the asset is determined as the remaining value of the asset according to the accounting book multiplied by the ratio of state budget support for the task. In case the remaining value cannot be determined, the organization or individual primarily responsible for performing the scientific and technological task shall take the lead and coordinate with financial authorities and other relevant agencies to establish a Valuation Board or hire an organization with the necessary conditions to conduct valuation activities to determine the selling price of the asset. The selling price must ensure compatibility with the market price of similar assets or assets with the same technical standards, quality, and origin.

3. The agency entrusted with managing the scientific and technological task shall be responsible for signing the Asset Sale Contract with the organization or individual primarily responsible for performing the scientific and technological task; issuing the Public Asset Sale Invoice in accordance with regulations.

4. In the case of selling to other organizations or individuals, the co-owners of the task's assets shall unify their responsibility to sign the Asset Sale Contract with the purchasing organization or individual; the issuance of the Invoice shall be carried out in accordance with the law.

5. Proceeds from the sale of assets, after deducting related expenses, must be paid in full within thirty days from the date of signing the asset sale contract. In cases where the asset has a selling price of 500 million dong or more per unit and the purchasing organization or individual requests it, the authority or person authorized to decide on the sale of the asset shall consider and decide to allow the buyer to pay in installments; the minimum annual payment shall be equal to the selling price of the asset divided by the remaining number of years of use of the asset under the management system and depreciation of fixed assets at state agencies, public service units, and organizations using state budget funds.

All proceeds from the sale of assets shall be deposited into a temporary account opened at the State Treasury in accordance with the guidelines of the Ministry of Finance.

Expenses related to the sale of assets shall be covered from the proceeds of the sale of assets. If the proceeds from the sale of assets are insufficient, they shall be covered from the budget of the agency managing the scientific and technological task.

Chapter III

MANAGEMENT AND DISPOSITION OF ASSETS RESULTING FROM

SCIENTIFIC AND TECHNOLOGICAL TASKS

Article 22. Transfer of assets resulting from scientific and technological tasks

1. For assets resulting from scientific and technological tasks funded by the state budget:

a) Prioritize granting the right to use through asset increase registration to the organization primarily responsible for performing the task, which is a state agency, public service unit, people's armed forces unit, Communist Party of Vietnam agency, political-social organization, for research, development of technology products, application, and commercialization of research results. The organization granted the right to use shall manage and utilize the asset in accordance with laws on state assets and related laws;

b) Prioritize granting ownership through state capital increase registration to the organization primarily responsible for performing the task, which is a wholly state-owned enterprise;

c) Prioritize granting ownership to the organization or individual primarily responsible who does not fall under point a of this clause if the organization or individual primarily responsible requests to receive ownership and repay the asset value;

d) In cases where the organization or individual primarily responsible specified in point a of this clause does not have a need to receive the right to use the asset or the organization or individual primarily responsible specified in points b and c of this clause does not accept ownership transfer, the agency or person authorized as stipulated in Article 23 of this Decree shall consider transferring ownership to another organization or individual requesting ownership and repayment of the asset value;

e) In cases where the provisions of point d of this clause cannot be applied, the form of granting the right to use to the organization or individual primarily responsible for continued research, development of technology products, application, and commercialization of scientific research and technological development results shall be applied. The organization or individual primarily responsible must have a plan for applying and commercializing the results, a profit distribution plan ensuring state benefits, and the responsibility to report to the task management agency on the results of applying and commercializing (accompanied by the audited financial report of the primary organization);

f) Within three years from the date of receiving the asset, if the organization or individual specified in points a and e of this clause does not use the asset for application and commercialization or does not submit an annual report on the results of applying and commercializing (accompanied by the audited financial report of the primary organization) or does not distribute profits to the state when commercializing, the state shall implement recovery. In special cases requiring extension, the agency or person authorized to approve the asset handling plan may decide to extend but not exceeding five years from the date of the first asset transfer. Compliance with reporting systems and application, commercialization of results are among the criteria for considering the assignment of other scientific and technological tasks.

2. For assets resulting from scientific and technological tasks supported by the state budget:

Handling of assets resulting from state-budget-supported scientific and technological tasks must be reflected in the Contracts signed by the co-owners based on the principle:

a) Granting ownership without recovering the portion of support funding for organizations or individuals primarily responsible for tasks where the state supports up to 30% of the total capital and scientific and technological programs approved by the Prime Minister's decision;

b) Granting ownership of the portion of the asset resulting from the task to the organization or individual primarily responsible in cases where the organization or individual primarily responsible is also the investor in material-technical and financial infrastructure for the task and requests to receive ownership through the form of repaying the value of the result asset for tasks supported by the state budget over 30% of the total capital. In cases where the primary organization is not simultaneously the investor in material-technical and financial infrastructure for the task, the co-owners shall negotiate according to the principle of granting ownership to the organization or individual primarily responsible; the organization or individual primarily responsible shall have the responsibility to repay the asset value.

c) In case the organization or individual in charge does not have the need to receive the transfer of ownership rights over the property, they shall implement the plan to transfer ownership rights to another organization or individual, and the organization or individual receiving the transfer of ownership rights shall be responsible for refunding the value of the property which is the result of the scientific and technological task.

d) In cases where the provisions of points a, b, and c of this clause cannot be applied, the transfer of usage rights over the portion of assets belonging to the State to the organization or individual in charge shall be implemented so that the organization or individual in charge can continue researching, developing technology, applying, and commercializing the research results and technological development. The organization or individual in charge must have a plan for applying and commercializing the results, a profit-sharing plan, ensuring the benefits of the State, and be responsible for reporting to the management agency on the implementation of application and commercialization (accompanied by the financial report of the main organization audited independently).

đ) In cases where within three years from the date of receiving the asset, the organization or individual specified in point d of this clause does not use it for application and commercialization or does not submit annual reports on the results of application and commercialization (accompanied by the financial report of the main organization audited independently) or does not share profits from the State's ownership rights when commercializing, the State shall carry out the recovery of the ownership rights over the asset according to the provisions of the law. In special cases requiring extension, the person with authority to approve the asset disposal plan decides to extend but not exceeding five years from the date of the first asset transfer. Compliance with the reporting system and the effectiveness of application and commercialization of the results are among the criteria for assigning other scientific and technological tasks.

e) The agency entrusted by the State to sign contracts is responsible for the content of the signed contract according to the principles stated in points a, b, c, and d of this clause. If the content of the asset handling as the result in the signed contract is inconsistent with the above principles, the asset handling shall be carried out according to the provisions of points a, b, c, and d of this clause. The agency or person signing the contract contrary to regulations must compensate for losses according to the law and be subject to legal proceedings regarding state assets and related laws.

Article 23. Authority to Approve Plans for Handling Assets Resulting from Scientific and Technological Tasks

1. For scientific and technological tasks funded by the budget:

a) The Prime Minister decides to transfer assets through increasing state capital investment in enterprises for the main organizations that are 100% state-owned enterprises.

b) The Minister of Science and Technology decides for national-level scientific and technological tasks, except for national-level scientific and technological tasks stipulated in point c of this clause.

c) The Minister, Head of central agencies, Chairman of the People's Committee of provinces decide for national-level scientific and technological tasks under their management; scientific and technological tasks approved by themselves.

d) The head of the agency or organization decides for scientific and technological tasks approved by themselves.

2. For scientific and technological tasks supported by the budget, the State exercises rights over the portion of assets resulting from the scientific and technological tasks owned by the State. The transfer of ownership or usage rights over the portion of assets resulting from the scientific and technological tasks owned by the State according to Clause 2, Article 22 of this Decree is decided by the agency or person deciding the budget support and must be determined in the Scientific and Technological Contract, ensuring the effective use of public assets.

Article 24. Procedures and formalities for transferring ownership rights and usage rights of assets resulting from budget-funded science and technology tasks to the leading organization

1. Within sixty days from the date the Evaluation Council approves the results at or above the required level, the organization or individual responsible for implementing the science and technology task shall be responsible for preparing a report on the asset (including detailed information about the asset and costs incurred in creating the asset), along with relevant documents, to be submitted to the agency assigned to manage the science and technology task. In cases where the organization or individual responsible for the task wishes to receive the transfer of ownership or usage rights of the asset, they shall prepare one set of documents to be submitted to the agency managing the task simultaneously with the asset report.

The application for transferring assets includes:

a) A document proposing the transfer of ownership or usage rights of the asset by the leading organization: one original copy;

b) A research and development plan for technology, technological products, applications, and commercialization of research results to continue to promote, apply, and commercialize research results in accordance with laws on science and technology (hereinafter referred to as the development and commercialization plan) based on the Model issued by the Ministry of Finance: one original copy;

c) Minutes of the evaluation and acceptance of the task by the Evaluation Council: one copy;

d) Science and technology contract: one copy;

đ) Detailed description of the approved science and technology task: one copy;

e) Other related documents (if any): one copy.

2. Within thirty days from the date of receiving complete and valid documents from the organization or individual responsible, the agency assigned to manage the science and technology task shall be responsible for:

a) Preparing a declaration report to register information about the asset in the National Database of State Assets;

b) Leading and coordinating with relevant agencies to review the proposal of the organization or individual responsible; submitting to the agency or person authorized under Clause 1, Article 23 of this Decree for consideration and decision on transferring ownership and usage rights to the organization or individual responsible.

If the organization or individual responsible does not propose the transfer of ownership or usage rights, or lacks the capacity to research, develop technology, technological products, applications, and commercialize research results, then they shall report to the agency or person authorized under Clause 1, Article 23 of this Decree to transfer to another organization or individual with such needs as stipulated in Article 25 of this Decree.

3. Within thirty days from the date of receiving the request from the agency assigned to manage the task, the agency or person authorized under Clause 1, Article 23 of this Decree shall consider and decide on transferring ownership and usage rights to the organization or individual responsible who meets the conditions.

The main contents of the Decision on transferring ownership or usage rights of the asset include:

a) Name of the organization or individual receiving the transfer of ownership or usage rights;

b) List of assets;

c) Method of transfer;

d) Plan for returning the value of the asset in case of transfer according to the method of value return (amount to be returned, method of return, deadline for return);

đ) Responsibility for implementation.

4. Based on the decision on transferring ownership or usage rights of the asset by the agency or person authorized, the agency assigned to manage the science and technology task shall prepare a supplementary declaration report to adjust the information in the National Database of State Assets.

Article 25. Transfer of ownership rights over assets resulting from budget-funded science and technology tasks to other organizations and individuals

1. Based on the report of the agency managing the task as stipulated in Point b, Clause 2, Article 24 of this Decree, the agency or person with authority as specified in Clause 1, Article 23 of this Decree shall issue a document transferring the task management agency for science and technology to publicly announce the transfer of ownership rights to organizations and individuals interested in receiving them.

Within thirty days from the date of issuance of the transfer document by the agency or person with authority, the agency entrusted with task management shall be responsible for implementing public disclosure as follows:

a) Posting on the Ministry of Science and Technology's official website and the website on state-owned assets for national-level science and technology tasks;

b) Posting on the Ministry of Science and Technology's official website and the websites of ministries and central agencies for tasks under their respective jurisdictions;

c) Posting on the Ministry of Science and Technology's official website and the People's Committee of the province for tasks under local jurisdiction.

The content of public disclosure includes: List of assets; conditions for organizations and individuals eligible to receive the transfer of ownership rights; methods of transfer; repayment plans for asset value in cases where the transfer is made through a value repayment method (amount to be repaid, repayment method, repayment period), and other related contents (if any).

2. Organizations and individuals interested in receiving the transfer of results shall submit one set of application documents requesting to receive the transfer. Application documents for receiving the transfer shall comply with the provisions of Clause 1, Article 24 of this Decree.

Monthly, the task management agency shall compile registration applications from interested organizations and individuals, take the lead in coordinating with relevant agencies to review the applications, and report to the person with authority as specified in Clause 1, Article 23 of this Decree for consideration and decision on the transfer of ownership rights to organizations and individuals as follows:

a) In case only one organization or individual submits an application for the transfer of ownership rights and meets the conditions, the ownership rights shall be transferred to the registering organization or individual;

b) In case two or more organizations or individuals submit applications for the transfer of ownership rights and meet the conditions, an auction shall be conducted among the submitting organizations or individuals. The auction shall be carried out by the agency entrusted with task management in accordance with the laws on auctions.

Based on the auction results, the agency entrusted with task management shall report to the agency or person with authority as specified in Clause 1, Article 23 to decide on the transfer of ownership rights to the winning organization or individual.

c) Based on the Decision on the transfer of ownership rights, the agency entrusted with task management and the organization or individual receiving the transfer of ownership rights shall carry out the handover and acceptance of assets. The handover and acceptance of assets shall be implemented according to Model No. 01/TSC-BBGN attached 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.

4. Within six months from the date of the first announcement, if the ownership rights cannot be transferred to another organization or individual, the agency entrusted with task management shall report to the agency or person with authority as specified in Clause 1, Article 23 to decide on the transfer of usage rights to the leading organization or individual.

Article 26. Procedures and formalities for transferring ownership and usage rights of assets resulting from budget-supported science and technology tasks

1. Within sixty days from the date of evaluation and acceptance of the results of the task, the organization or individual primarily responsible for implementing the science and technology task shall be responsible for preparing a report on the asset (which specifically describes information about the asset and the costs incurred to create it) along with relevant documents, to be submitted to the agency assigned to manage the science and technology task and other co-owners. In cases where the contract stipulates that the organization or individual primarily responsible for implementing the task will receive the transfer of ownership and usage rights of the asset, the organization or individual primarily responsible shall prepare one set of Asset Transfer Proposal Documents to be sent to the co-owners simultaneously with the asset report.

The Asset Transfer Proposal Documents shall be implemented in accordance with the provisions of Clause 1, Article 24 of this Decree.

2. Within thirty days from the date of receipt of complete and valid documents from the organization or individual primarily responsible, the agency or person authorized to decide on the transfer of ownership and usage rights of the asset as stipulated in the science and technology contract shall decide to transfer ownership and usage rights to the organization or individual primarily responsible.

3. In cases where the contract specifies a plan to transfer ownership to another organization or individual and the organization or individual receiving the transfer of ownership is responsible for repaying the value of the asset resulting from the science and technology task as prescribed in Point c, Clause 2, Article 22, the organization or individual primarily responsible shall coordinate with the agency assigned to manage the science and technology task and other co-owners to organize the implementation of the transfer of ownership according to the regulations.

4. In cases where the contract stipulates that the organization or individual primarily responsible will be granted ownership and usage rights but the organization or individual primarily responsible does not accept them, the organization or individual primarily responsible shall be handled according to the law; the asset resulting from the task shall be dealt with as follows:

a) If the authority to decide as stipulated in the contract belongs to the state, then the agency or person authorized as stipulated in the science and technology contract shall decide to transfer ownership and usage rights to another organization or individual according to the provisions of Article 25 of this Decree;

b) If the authority to decide as stipulated in the contract does not belong to the state, then the co-owners shall decide to transfer ownership and usage rights to another organization or individual according to the provisions of the contract or civil law. The agency or person authorized to sign the contract shall be responsible for participating in the decision-making process for the transfer of ownership and usage rights, ensuring the interests of the state.

Article 27. Determining the value of assets resulting from science and technology tasks for the purpose of transferring rights

1. The value of assets resulting from science and technology tasks shall be determined based on the funding invested in the task, market transaction prices (if available), policies, capabilities, research, commercialization of the results of the science and technology task, technical, legal, and economic characteristics of the research results, and other related factors.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to guide the determination of the value of assets resulting from science and technology tasks as prescribed in Clause 1 of this Article.

Article 28. Payment for the value of assets resulting from scientific and technological tasks

1. Organizations and individuals entrusted with ownership rights over assets have the obligation to repay the value of assets resulting from scientific and technological tasks according to the provisions of the Decision on transferring assets issued by the competent authority.

2. Payment period in the case of transferring ownership rights:

a) For the one-time payment form: Within ninety days from the date of the decision on transferring assets;

b) For the multiple-payment form: Not exceeding five years at maximum. The annual payment amount must be at least equal to the corresponding single payment amount of the total asset value divided by the asset's usage time, as committed in the contract.

3. Distribution of profits obtained for the State when receiving transfer of usage rights for research, development of technology, technological products, application, commercialization of results, as stipulated in point d, Clause 1, and point d, Clause 2, Article 22 of this Decree, shall be implemented from the time organizations and individuals receiving the transfer generate profits corresponding to the proportion of state capital contributed to the task.

4. Management and use of the collected funds: All funds received from transferring ownership rights over assets shall be deposited into a temporary account opened at the State Treasury in accordance with the guidelines of the Ministry of Finance.

Costs related to transferring ownership rights over assets shall be covered from the proceeds of transferring ownership rights over assets. In cases where the proceeds from transferring ownership rights over assets are insufficient, they may be sourced from the budget of the agency entrusted with managing the scientific and technological task.

Article 29. Responsibilities of the State Owner's Representative

1. Exercise the rights of the owner over assets resulting from budget-funded tasks, represent the owner's rights over the portion of assets belonging to the State of budget-supported tasks.

2. Approve disposal plans within the scope of authority as prescribed in Article 23 of this Decree and bear responsibility for approving such plans. Approval of disposal plans for assets of budget-supported tasks must ensure the effective use of state capital.

Article 30. Responsibilities of the Agency Entrusted with Managing Scientific and Technological Tasks

1. In cases where ownership rights over the results of scientific and technological tasks are transferred through multiple repayment forms, the agency managing the scientific and technological task has the responsibility to monitor, aggregate the collected funds, and report to the State Owner's Representative to issue a Decision on transferring all ownership rights once the organization or individual in charge has completed the payment.

2. In cases where usage rights over the results of scientific and technological tasks are transferred:

a) Annually, based on reports from the organization or individual in charge entrusted with usage rights, the agency entrusted with managing the task has the responsibility to aggregate, monitor, and report on the transfer of usage rights over the results of scientific and technological tasks;

b) Monitor the distribution of profits obtained from the application, commercialization of research and development results for the transfer of usage rights over assets resulting from budget-funded tasks as stipulated in point d, Clause 1, Article 22, and the transfer of usage rights over assets resulting from budget-supported tasks exceeding thirty percent as stipulated in point d, Clause 2, Article 22 of this Decree;

c) In cases where it is discovered that the organization or individual in charge entrusted with usage rights does not use the assets for research, development of technology, technological products, application, commercialization, or does not submit annual reports on the implementation of research, development of technology, technological products, application, commercialization (accompanied by financial reports of the main organization audited independently), or does not distribute profits from the State's ownership rights when commercializing, the agency entrusted with managing the task has the responsibility to report to the State Owner's Representative to reclaim the results and handle them according to regulations.

Article 31. Responsibilities of the leading organization or individual after receiving the right to use assets resulting from scientific and technological tasks

1. The leading organization or individual shall be responsible for researching, developing technology, technological products, applications, and commercializing research results according to the plan approved by the representative of the owner.

2. An organization that receives the right to use assets under the form prescribed in point a, Clause 1, Article 22 of this Decree shall be responsible for opening a record book and monitoring in accordance with the provisions of the law on state assets.

3. An organization or individual that receives the right to use assets under the form prescribed in point đ, Clause 1, and point d, Clause 2, Article 22 of this Decree shall be responsible for dividing the profit obtained from commercializing research results according to the application and commercialization plan approved in accordance with the provisions of the law on technology transfer and intellectual property rights.

4. After three years from the date of the decision recognizing and granting the right to use assets resulting from the implementation of scientific and technological tasks, or after the extension period prescribed in point e, Clause 1, and point đ, Clause 2, Article 22 of this Decree, if the leading organization or individual does not implement research, develop technology, technological products, applications, and commercialize research results, the competent authority shall consider and decide to grant the asset resulting from the scientific and technological task to another organization or individual with demand; the leading organization or individual will not be eligible to undertake scientific and technological tasks for the next three years.

Chapter IV

FINANCIAL MANAGEMENT IN THE HANDLING OF ASSETS FORMED THROUGH THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS USING STATE FUNDS

 THROUGH THE IMPLEMENTATION OF SCIENTIFIC AND TECHNOLOGICAL TASKS USING STATE FUNDS

AND TECHNOLOGICAL ACTIVITIES USING STATE FUNDS

Article 32. Contents of Expenditure

1. Costs for inventory and classification of assets.

2. Costs for preserving assets: Costs for renting warehouses, yards for asset preservation, costs for security work, and maintenance activities of assets.

3. Costs for dismantling and recovering materials from construction works, machinery, and equipment.

4. Costs for selling and liquidating assets.

5. Costs for destroying assets.

6. Costs for determining the value of assets, appraisal fees (if applicable).

7. Costs arising during the handover and receipt of assets, including transportation costs.

8. Other related costs directly associated with transferring assets, transferring ownership rights, transferring usage rights, selling, liquidating, reallocating, and destroying assets.

Article 33. Levels of Expenditure

1. For expenditure items that have standards, norms, and regulations set by the competent authority, they shall be implemented in accordance with the standards, norms, and regulations established by the competent authority.

2. For expenditure items related to hiring services for handling assets, they shall be carried out according to the Contract signed between the agency assigned the task of organizing asset disposal and the service provider, in accordance with the relevant laws.

3. For expenditure items outside the scope specified in Clauses 1 and 2 of this Article, the head of the agency assigned the task of disposing of assets shall determine the level of expenditure, ensuring it is consistent with the current financial management system of the State and shall bear responsibility for their decision.

Article 34. Sources of funds

1. For assets with decisions on transferring ownership rights, selling, or liquidating: The sources of funds for expenditures as prescribed in Article 32 of this Decree shall be derived from the proceeds obtained from transferring ownership rights, selling, or liquidating the assets. In cases where the disposal of assets does not generate revenue or the revenue is insufficient to cover the costs, the remaining costs shall be settled and paid from the source of funds of the agency managing the task.

2. For assets with decisions on transferring, reallocating, or transferring usage rights: The agencies, organizations, or units receiving the transferred assets shall be responsible for paying the related expenses as prescribed in Articles 32 and 33 of this Decree.

3. For assets disposed of through destruction: The costs of disposing of such assets shall be covered from the permitted sources of funds of the agency managing the task.

Article 35. Management and utilization of proceeds from asset disposal

The submission, handling of late payments (if any), management, and utilization of proceeds from the disposal of assets of science and technology tasks funded by state capital (including proceeds from the development and commercialization of results belonging to the state) shall be carried out in accordance with the guidelines of the Ministry of Finance.

Chapter V

DATABASE ON ASSETS FORMED THROUGH THE IMPLEMENTATION OF SCIENTIFIC TASKS

THE IMPLEMENTATION OF SCIENTIFIC TASKS

AND TECHNOLOGICAL ACTIVITIES USING STATE FUNDS

Article 36. Construction of Information System on Assets Formed Through the Implementation of Science and Technology Tasks Funded by State Capital

1. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance to construct, manage, and operate the Database on Assets Formed Through the Implementation of Science and Technology Tasks Funded by State Capital.

2. Agencies entrusted with managing science and technology tasks shall be responsible for entering information on assets that are results into the scientific and technological asset database in accordance with regulations.

Article 37. Management and Utilization of the Database on Assets Formed Through the Implementation of Science and Technology Tasks Funded by State Capital

1. The Database on Assets Formed Through the Implementation of Science and Technology Tasks Funded by State Capital is part of the National Database on Public Assets, constructed and managed uniformly nationwide.

2. Information in the Database on Assets provided by authorized agencies has legal value equivalent to paper records.

3. The Database on Assets, being a state asset, must be strictly secured and protected; all unauthorized access, destruction, or alteration of information in the Database on Assets is strictly prohibited.

4. Organizations and individuals requiring information or data on assets may utilize them in accordance with the law. The utilization of information or data on projects must comply with relevant regulations; unauthorized exploitation or use without permission from authorized state agencies is not allowed.

Article 38. Utilization of Information on Assets Formed Through the Implementation of Science and Technology Tasks Funded by State Capital

Information stored in the Database on Assets shall be used to report on the management and utilization of assets in accordance with the law or at the request of authorized state agencies.

Chapter VI

IMPLEMENTATION

Article 39. Effective date

This Decree shall take effect from the date of issuance.

Article 40. Transitional Provisions

1. For assets of science and technology tasks that have been decided on disposal by agencies or authorized persons according to the law before the effective date of this Decree, such disposal shall continue to be implemented according to the decision of the agency or authorized person; works not yet completed by the effective date of this Decree shall be carried out in accordance with this Decree.

2. For assets of science and technology tasks that have not been decided on disposal by agencies or authorized persons, they shall be handled in accordance with this Decree.

Article 41. Implementation Provisions

1. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Finance to guide the transfer of rights to use assets, the repayment of asset value, and the distribution of profits with the State as prescribed in Clause 3 of Article 7, Clause 3 of Article 19, and Article 22 of this Decree.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to guide the determination of the value of assets that are results, management and use of funds received from assets, and the organization to implement this Decree within the scope of assigned tasks and authorities.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and Heads of related agencies shall be responsible for implementing this Decree./.