Decree 29/2014/nd-Cp: Regulation On The Jurisdiction, Procedure, Defines The State's Ownership Of Property And Management, Handling Of Assets Established Ownership By State

Original Language Title: Nghị định 29/2014/NĐ-CP: Quy định về thẩm quyền, thủ tục xác lập quyền sở hữu của Nhà nước về tài sản và quản lý, xử lý tài sản được xác lập quyền sở hữu của Nhà nước

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The DECREE stipulates the jurisdiction, procedures, defines the State's ownership of property and management, handling of assets established ownership of the State _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Bases of the civil code on June 14, 2005;
Pursuant to the criminal on December 21, 1999 and the law amending and supplementing a number of articles of the criminal code on June 19, 2009;
The base law of criminal proceedings on November 26, 2003;
Customs Act base on June 29, 2001 and the law on amendments and supplements to some articles of the customs law on June 14, 2005;
Pursuant to the law enforcement of civil judgement on November 14, 2008;
The base of law handling administrative violations on June 20, 2012;
Pursuant to the law of management, use of State assets on June 3, 2008;
According to the recommendation of the Minister of finance, the Government issued the decree regulating the jurisdiction and procedures, defines the State's ownership of property and management, handling property is set, the ownership of the State.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree the provisions on jurisdiction, procedure, defines the State's ownership of assets and the management, handling property once defined the State's ownership under the provisions of the law with regard to the following property: 1. The assets seized under the provisions of the law.
2. the property, the property of being dropped, the forgotten, the property of being buried, were sunken, the legacy is not the heir, the cargo backlog in the area of customs supervision.
3. Assets due to the Organization, the individual voluntarily transfer ownership to the State.
4. The assets of the enterprise with foreign capital transfer to the State of Vietnam under the commitment.
Article 2. Application object 1. State authorities, who have the authority to decide to establish the State's ownership of property.
2. The Agency, organization, unit is tasked with managing, handling of assets established ownership of the State.
3. The organizations and individuals related to the establishment of State ownership of property and management, handling of assets established ownership of the State.
Article 3. Property to establish the ownership of the State 1. The assets seized under the provisions of the law is property owned by the individual organization but due to administrative violations, crimes that were confiscated by the judgment, the Court's decision, the decision of the authority, including: a) exhibits, means of administrative violation confiscated;
b) physical evidence cases, part or all of the property owned by the person sentenced to be seized under the provisions of criminal legislation and criminal procedure (hereafter referred to as the evidence of the case, the property of the person sentenced to be seized).
2. the property, the property of being dropped, the forgotten, the property of being buried, were sunken, the legacy is not the heir, the cargo backlog in the customs surveillance zone established ownership of the State, including: a) property owners or unknown owner was established the State's ownership (hereinafter referred to as the invisible property Server);
b) assets were lost, forgotten do not identify the owner or the owner not to get the establishment of State ownership (hereinafter referred to as the assets were lost, forgotten);
c) assets were buried, were sunken to be discovered or found in the Mainland, the Islands and the waters of the Socialist Republic of Vietnam has sovereignty, sovereign rights and jurisdiction that at the time of discovery or find no or unknown owner according to the provisions of the law (hereinafter referred to as the property being buried , sink immersed);
d) heritage properties is no heirs according to the Testament, according to the law or have not succeeded, but that person was entitled to accept or reject the heritage legacy after having performed the obligation of property was established the State's ownership (hereinafter referred to as the legacy not heir);
DD) property is the outstanding goods in customs supervision areas at airports, sea ports, bonded, providing businesses the postal service does not have the people to accept (hereinafter referred to as the cargo backlog).
3. Assets due to the Organization, the individual voluntarily transfer ownership to the State including: assets held by individuals in and outside the country, presentation, donation gifts, donations, grants, aid and other forms of transferring ownership to the State of Vietnam.
4. business assets invested abroad that foreign investors have committed to transfer does not reimburse the State of Vietnam after the end of the active duration.
Article 4. Implementation guidelines establish procedures of State ownership of property and management, handling of assets established ownership of the State 1. The establishment of State ownership of property must be made in writing and must comply with the procedures prescribed by the law on the basis of protecting the interests of the State, respect for the rights, legitimate interests of organizations and individuals concerned.
2. State management for properties that are set by the State ownership was made uniform, has assigned a clear hierarchy, authority, responsibilities of each agency.
3. The valuation and assets disposal organization established ownership of State made according to the market mechanism.
4. The establishment of State ownership of property and management, handling of assets established ownership of the State was made public, transparent; all violations should be dealt with promptly, the strict provisions of the law.
Article 5. Host unit management, handling of assets established ownership of the State bodies, organizations, units (hereinafter referred to as units) chaired the management, handling of assets established ownership of the State shall be as follows: 1. With respect to the property is exhibits means of administrative violation confiscated: a) the competent authority a decision to confiscate is chairing the management, disposal of assets in the case of provincial people's Committee Chairman, central cities (hereafter referred to as the provincial level) or district people's Committee Chairman , district, town, city in the province (hereinafter referred to as district level) seizure decision;
b) Agency of the decision to confiscate is the host management, handling of assets in the remaining cases.
2. With respect to the evidence of the case, the property of the person sentenced to be seized under the provisions of criminal law, criminal proceedings and had decided to enforce the judgment of the competent agency, the Department of finance is the lead manager, handled the property by provincial enforcement agencies and agency execution level transfer of military zone , Financial planning Department of the people's Committee at district level (hereinafter referred to as the finance and planning) is the host for processing, management of property by court enforcement agencies at district level delivery.
3. With respect to the evidence of the case by the investigating authorities, the Procuratorate decision to confiscate, the Agency had decided to confiscate is chairing the management, disposal of assets.
4. for property owners, the property was lost, forgotten, legacy has no heirs, the Department of finance is the lead management, handle for real estate, historical-cultural, financial planning is the host Manager, dealt with the estate; the case of an incident includes many different asset types (real or historical-cultural and estate), the Department of finance is the lead management, handling of assets.
5. With regard to the property of being buried, were sunken, the Department of finance is the lead management, handling of assets.
6. for goods of backlog in the area of customs supervision, customs Bureau is the lead management, handling of assets.
7. With regard to the property because of the organisational, individual voluntary transfer of ownership to the State of Vietnam that when specific defined transfer agency, organization, Unit Manager, use the Agency, organization, unit management, use of the property is the host management handle property.
8. With regard to the property because of the organisational, individual voluntary transfer of ownership to the State of Vietnam that when transfer does not identify specific agency, organization, Unit Manager, use the authorized State Agency assigned responsibility for chairing the management, disposal of assets are as follows : a) for the assets of the project by the professionals, contractors, foreign consulting projects using official development assistance resources and sources of non-refundable aid to Vietnam State transfer, project management is the host management, handling of assets; the case of the Project Management Committee was abolished, the governing body is the project lead management, handling of assets;
b) for particular assets, assets used in the fields of Defense, the Department of Defense or the Defense Ministry unit is the unit chaired the management, handling of assets;
c) for special assets, the assets used in the field of security, the Ministry of public security or the Ministry of public security units is the unit chaired the management, handling of assets;
d) with respect to the property is not in the range specified in the points a, b and c of this paragraph, the Government transferred to the Ministry of finance or the Ministry of finance unit is the unit chaired the management, handling of assets;
DD) with respect to the property is not in the range specified in the points a, b and c of this paragraph transfer to local government, the Department of finance is the lead management, handling of assets.
9. With regard to the assets of the enterprise with foreign capital transfer to the State of Vietnam under the commitment, the Department of finance is the lead management, handling of assets.
Article 6. The responsibility of chairing the management, handling of assets established ownership of the State 1. Make the preservation of assets established the State's ownership from the time are welcome to complete the process according to the decision of the authority, except where the law otherwise.
2. The procedure for reporting authority decided to establish the State's ownership of property.
3. Set the process property or report the State Agency has the authority to set up process, the authority for approval, unless the law otherwise.

4. hold the handle or coordinate the handling of assets after the scheme was approved by the authority.
5. The payment of the costs involved and the value of assets that belong to the Organization, the individual discovered under the provisions of the law.
6. Perform other duties set forth in this Decree and relevant laws.
Article 7. The prohibited acts 1. Advantage, abuse of position, appropriating the property rights are established by the State ownership in any form.
2. Report No plans handle the approval authority as prescribed in this Decree.
3. Not implemented on time regulating the handling of assets established the State's ownership under the scheme was approved by the authorized or prescribed by the law.
4. Cause loss, damage to property, defines the ownership of the State.
5. The acts prohibited under the provisions of other relevant laws.
Chapter II jurisdiction, PROCEDURE, DEFINES the STATE'S OWNERSHIP of PROPERTY article 8. Authority to establish the State's ownership of property 1. The Authority decided to confiscate for exhibits, means of administrative violations made under the provisions of the law on the handling of administrative violations.
2. The Authority decided to confiscate for physical evidence of the case, the property of the convicted person to comply with the provisions of the criminal law, the law on criminal procedure and the law on the enforcement of civil judgments.
3. With respect to the property, the property of being lost, forgotten, the property of being buried, were sunken, the legacy is not the heir, the cargo backlog: a) the Chairman of the provincial people's Committee decided to establish the ownership of the State under the provisions of the law with regard to: the property of being buried , be sunken; property owners, real estate has no heirs, the property of being dropped, left is the historical-culture; the assets of the service handling including real estate or historical-cultural and estate.
b) people's Committee Chairman granted the district decided to establish the ownership of the State under the provisions of the law for the case not in scope at the point a, point c of this paragraph;
c) Director customs decided to establish the ownership of the State under the provisions of the law with respect to the cargo backlog in the area of customs supervision.
4. for the property by the Organization, the individual voluntarily transfer ownership to the State of Vietnam, the Authority decided to establish the ownership of the State shall be as follows: a) the Minister of finance decides according to the proposal of the Ministry, the Central Agency for real estate assets , cars, other properties (not real estate, automobiles) worth from 500 million and above, 1 unit of property transferred to the Agency, organization, the central units minus the assets specified in point b, point c of this paragraph;
b) Defense Minister, the decision or the decision hierarchy for special assets, the assets used in the field of defence;
c) Minister of public safety decision or decision hierarchy for special assets, the assets used in the field of security;
d) Ministers, heads of central bodies or decentralized decision decided for the property does not belong to the scope of the points a, b and c of this paragraph transfer to agencies, organizations, units of the management scope of ministries, central agencies;
DD) people's Committee Chairman or the provincial authority was provincial people's Committee decision hierarchy for the assets transferred to the agencies, organizations, units of the range of local management, except the assets specified in point b, point c of this paragraph.
5. The Chairman of the provincial people's Committee decided to establish a State property under the provisions of the law with respect to the assets of the enterprise with foreign capital transfer to the State of Vietnam under the commitments after the end of active period.
Article 9. Decision procedure for the seizure of assets is exhibits, means of administrative violations, physical evidence of the case, the property of the person sentenced decision procedure for the seizure of assets is exhibits, means of administrative violations, physical evidence of the case, the assets of the person convicted was implemented according to the provisions of the law on handling administrative violations , the law on criminal procedure, the law on the enforcement of civil judgments.
Article 10. The procedure defines the ownership of State property were dropped, the forgotten 1. Within 7 working days from the date of completion of the procedure of identifying the owner of the property being dropped, left under the provisions of civil legislation, the Agency has received information about the property being lost, forgotten (or township level committees of Public Security Department) is responsible for setting the profile send a finance plan for the property was dropped , left in the on State.
Profile send a finance plan include: a) report identifying the owner of the property from the time of detection; determining the property belonged to the State;
b) lists the categories, quantity, value, volume, the status of the property;
c) report on the property of the person who picked up was discovered or the property of being dropped, left;
d) the records and documents relating to the disposal of assets (if any).
2. With regard to the property of being dropped, forgotten specified in point b of paragraph 3 to article 8 of this Decree, within 7 working days from the date of receiving the application prescribed in paragraph 1 of this article, financial planning is responsible for establishing the Sheet with the records specified in Paragraph 1 of this article the President of the people's Committee of the district level decision established the right the property of the State.
With respect to the property of being dropped, forgotten specified in point a of paragraph 3 to article 8 of this Decree, within 7 working days from the date of receiving the application prescribed in paragraph 1 of this article, financial planning is responsible for establishing the Sheet with the records specified in Paragraph 1 of this article , send the people's Committee at district level to send the Department of finance to the Chairman of the provincial people's Committee decided to establish the ownership of the State.
Within 5 working days from the date of receiving the application due to the people's committees at district level, the Department of Finance has responsibility for the President of the provincial people's Committee to decide to establish the ownership of State property were lost, forgotten in a paragraph 3 article 8 of this Decree.
3. within 5 working days from the date of receiving the application prescribed in paragraph 2 of this article, the President of the people's Committee at district level, the Chairman of the provincial people's Committee decided to establish the State's ownership of property.
Article 11. Procedure for establishment of State ownership for real estate owners 1. Within 7 working days from the date of completion of the procedure of identifying the owner under the provisions of civil legislation which does not determine who is the owner of the property, the Agency was receiving information about property owners (or township level committees of Public Security Department) is responsible for setting the profile submitted financial plans.
Profile send a finance plan include: a) report identifying the owner for the property from the time of detection;
b) lists location, area, property status;
c) records, documents related to the process of identifying the owner for the property (if any).
2. within 7 working days from the date of receiving the application prescribed in paragraph 1 of this article, financial planning is responsible for establishing the Sheet with the records specified in Paragraph 1 of this article, send the people's Committee at district level to send the financial Department of the people's Committee Chairman granted the province decided to establish the ownership of the State.
3. within 5 working days from the date of receiving the application prescribed in paragraph 2 of this article, the Department of Finance has responsibility for the President of the provincial people's Committee decided to establish the State's ownership of property.
4. within 5 working days from the date of receiving the full records of the Department of finance, Chairman of the provincial people's Committee decided to establish the State's ownership of property.
Article 12. The procedure defines the ownership of State property being buried, being sank 1. Within 7 working days from the date of completion of the procedure of identifying the owner under the provisions of civil legislation which does not determine who is the owner of the property being buried, were sunken, the Department of finance is responsible for setting the profile to people's Committee Chairman granted the province decided to establish the ownership of the State.
The records suggest, defines the State's ownership of assets include: a) report identifying the owner with respect to the property of being buried, being steeped since discovered;
b) lists the categories, quantity, volume, the status of the property;
c) records, documents related to the process of identifying the owner in respect of the property (if any).
2. within 5 working days from the date of receiving the application prescribed in paragraph 1 of this article, the Chairman of the provincial people's Committee decided to establish the State's ownership of property.
Article 13. Procedure for establishment of State ownership for legacy no heir to 1. Within 7 days, working from the date of receiving the written denial of the right to enjoy the heritage of the heir or the verdict, the decision of the Court determines that the person was not entitled to the inheritance under civil law, the certified agency or committees where the township level open inheritance is responsible for file send finance plan.
Profile send a finance plan include: a) report the process of opening the inheritance for the legacy;
b) lists the categories, quantity, volume, current state of heritage;
c) records, documents related to the process of opening inheritance documents, denied the right to enjoy the legacy, the judgment or decision of the Court to determine who is not entitled to the inheritance (if available).

2. within 7 working days from the date of receiving the application prescribed in paragraph 1 of this article, financial planning is responsible for establishing the Sheet with the records specified in Paragraph 1 of this article, send the people's Committee at district level to decide to establish the ownership of the State with no legacy heir specified in point b of paragraph 3 Article 8 of this Decree, sent the Department of finance to the Chairman of the provincial people's Committee decided to establish the ownership of the State with no legacy heir stipulated in art. 3 article 8 of this Decree.
Within 5 working days from the date of receiving the application due to the people's committees at district level, the Department of Finance has responsibility for the President of the provincial people's Committee decided to establish the ownership of the State with no legacy heir stipulated in art. 3 article 8 of this Decree.
3. within 5 working days from the date of receiving the application prescribed in paragraph 2 of this article, the President of the people's Committee at district level, the Chairman of the provincial people's Committee decided to establish the State's ownership of property.
Article 14. Procedure for establishment of State ownership for the cargo backlog of 1. Within 7 working days from the date of completion of the procedures identify the owner and inventory, classification, valuation of outstanding merchandise in accordance with the customs legislation without people to get customs, where the cargo backlog is responsible for making the Customs Bureau Chief decided to establish the ownership of the State.
The records suggest, defines the State's ownership of assets include: a) the Newspaper suggested the establishment of State ownership of property;
b) lists the categories, quantity, volume, the status of the property;
c) records, documents related to the process of notification of assets and records, other documents (if any);
d) written notice waive the goods or documents (if any).
2. within 5 working days from the date of receiving the application prescribed in paragraph 1 of this article, the Director of the Bureau of customs decided to establish the State's ownership of property.
Article 15. The procedure defines the ownership of State property by the Organization, the individual voluntarily transfer ownership to the State 1. When was the Organization, individuals proposed the transfer of the ownership of property, agency, organization, unit is recommended to receive assets pursuant to the current provisions of the law determining the suitability of the property transferred and must take responsibility for determining that.
2. in case of determining the transfer of assets is consistent with the provisions of the law shall within 7 working days from the date of receiving of property, agency, organization, unit to receive the property is responsible for setting the record, send the superior authority (if any) to the authorized levels prescribed in paragraph 4 to article 8 of this Decree establish the rights the State's ownership of property.
The records suggest, defines the State's ownership of assets include: a) the Newspaper suggested the establishment of State ownership of property;
b) lists the categories, quantity, value, volume, the status of the property;
c) contract awarded for assets in the case of transfer in the form of gifts and under the provisions of the law are established;
d) records, documents that use rights, ownership of the property transfer and the transfer form (if available).
3. within 5 working days from the date of receiving the application prescribed in paragraph 2 of this article, authorized levels prescribed in paragraph 4 to article 8 of this Decree, the decision to establish the State's ownership of property.
Article 16. The procedure defines the ownership of the State with respect to the assets of the enterprise with foreign capital transfer under commitment 1. Least 30 days prior to the end of time operating under the investment license, licensing investment agency is responsible for notifying the Department of finance where businesses have foreign investment based on the business case is committed to transfer the property to the State of Vietnam at the end of the operation.
2. within 5 working days from the date of the notice of the licensing agency, the Department of Finance has responsibility for the President of the provincial people's Committee established the Council of inventory, asset classification. The composition of the Council by the head of the State Finance Chairman, representatives of the Department of planning and investment, the Department of natural resources and environment, Department of construction and related agencies.
The Council is responsible for: a) receiving property from businesses invested abroad transfer;
b) perform inventory, asset classification and establishment of the pallet type, quantity, value, volume, the status of the property;
c) preservation of assets pending disposal.
3. Based on the results of the Classification Board, the Department of finance is responsible for making recommendations, defines the State's ownership of property for business assets invested abroad transfer under commitment.
The records suggest, defines the State's ownership of assets include: a) the Newspaper suggested the establishment of State ownership of property;
b) lists the categories, quantity, value, volume, the status of the property;
c) text demonstrate commitment to transfer the property to the State of Vietnam at the end of activities of the enterprise with foreign investment;
d) the records and documents relating to the assets (if any).
3. within 5 working days from the date of receiving the application prescribed in paragraph 2 of this article, the Chairman of the provincial people's Committee decided to establish the State's ownership of property.
Chapter III management, HANDLING of ASSETS ESTABLISHED the STATE'S OWNERSHIP category 1 management, HANDLING of EXHIBITS, the PROPERTY is the MEANS OF ADMINISTRATIVE VIOLATION CONFISCATED article 17. Preserving the property's exhibits, means of administrative violation confiscated 1. Host unit management, handling of assets specified in clause 1 5 of this Decree is responsible for preservation of assets pending disposal, unless the property is specified in clause 2 of this Thing.
Unit case management processing, chaired the property specified in clause 1 5 of this Decree, no warehousing in order to preserve the property or the property is machinery, equipment was fixed, hard scrap shall be authorized or signed a lease with the authority, the organization is eligible on the basis of the material , treasure to preserve. Authorization or rent property preservation must be established according to the rules of contract law.
2. The following property must be transferred to the specialized agency for preservation: a) the property is valued cultural values, history, national treasures, antiques are transferred to the Agency management culture;
b) property weaponry, explosives, tool support, technical services, special equipment and other assets related to defense, security unit was transferred to the people's armed forces;
c) Vietnam, foreign money is property, certificate reviews, gold, silver, gems, precious metals are transferred to the State Treasury;
d) property is rare forest products are not used for commercial purposes was transferred to State reserve agency or Rangers. In the case of forest products is jungle animals are injured, sick, weak need rescue, then transferred to the animal rescue centre or the nearest veterinary authority to heal before transferred to the specialized agency.
The Ministry of finance, in cooperation with the relevant ministries and agencies publish specific lists of specialized management agencies specified in this paragraph.
3. The handing over of the property for the specialized agency specified in clause 2 of this Thing to preserve is made in the minutes of the party, the receiving party and the party saw (financial institutions at the same level). The Ministry of Finance regulates the content, form, the list profiles attached to the minutes of delivery.
4. The following specialized agency specified in clause 2 of this Thing is responsible for receiving the property transfer, perform the maintenance of assets in accordance with the provisions of the law.
Article 18. Form processing properties is exhibits, means of administrative violation confiscated 1. Transferred to the specialized agency to manage and process for exhibits, means of administrative violations as drugs, weapons, explosives, tool support, technical services, special equipment and other assets related to defense, security, historical valuables , cultural values, national treasures, antiques, rare animals, forest products in the categories of prohibited circulation and other properties are not allowed to circulate.
The Ministry of finance, in cooperation with the relevant ministries and agencies publish specific lists of specialized management agencies specified in this paragraph.
2. Transfer to the State bodies, business units, units of the people's armed forces, political organization, social-political organizations to manage, use for the property is the means of transport, machinery, equipment and means of work, equipment for professional work under the standard norms by the competent State Agency regulations.
3. Submit to the State budget for the exhibits are Vietnam, money exchange.
4. Destruction of property is no longer worth using or forced destruction under the provisions of the law; special cases should handle according to the different forms to ensure effective, saving the host unit management, handling of assets reported the Ministry of finance or the superior agency reports (if available) to report to the Minister of finance review, the decision process.
5. Make an auction for the assets do not belong to the scope defined in paragraph 1, 2, 3 and 4 of this Article; the case is out of time to register to join an auction that only a registered person purchased the property auction and pay at least the starting price of the sold property for that person.
6. with respect to the liquidation of assets held for auction 2 times but not sold.
7. The handling of cargo, easy damaged items made according to the provisions in paragraph 3 Article 126 of law handling administrative violations and the instructions of the Ministry of finance.
Article 19. The decision to transfer the property

1. for the property specified in item 1, item 2 Article 17 of this Decree, the unit hosted management, handling of assets specified in clause 1 5 of this decree must submit the decision for financial institutions at the same level, specifically: a) in respect of the property by the authority in the central decision-making authorities confiscated sent to the Ministry of finance;
b) in respect of the property by the competent local agency decision confiscating sent about DOF.
2. Upon receipt of the decision on seizure by chairing the management, disposal of assets, financial institutions specified in point a and Point b of paragraph 1 of this Article, in cooperation with host units management, handling of assets based on the standards and norms of use of property and use the property of the Agency organizations, units, the Authority decided to transfer assets to the specialized agency or the Agency, organization, unit management, use, specifically: a) the Minister of finance decision: the transfer of the assets defined in art. 1 of this article; the transfer of the assets specified in point b of Paragraph 1 of this article to the Agency, organization, unit under central management or transfer property to the agencies, organizations, other local units;
b) Chairman provincial people's Committee decided to transfer the assets specified in point b of Paragraph 1 of this article to the Agency, organization, unit in the scope of local management.
3. in case of not implementing the transfer of the property is handled by the auction form prescribed in clause 5 Article 18 decrees and instructions of the Ministry of finance.
Article 20. The Organization treats the property as exhibits, means of administrative violation confiscated 1. The Organization of the processing of the property are made to the properties of each service the administrative sanction be confiscated.
The case of the value of assets seized of an incident is low (below 100 million/01 incident), the management host unit, handling of assets can aggregate assets of many cases to handle.
2. With respect to the property transferred to the specialized agency to manage, handle specified in Article 18 paragraph 1 of this Decree, the unit hosted management, handling of assets specified in clause 1 5 of this Decree held to hand over assets to specialized management organs according to the decision of the authority prescribed in clause 2 article 19 of this Decree. The handover, the property was established thereon according to the template specified by the Ministry of finance.
After receiving the property, the specialized agency responsible for the management, handling of assets was to receive under the provisions of the relevant laws.
3. With respect to the property transferred to the State bodies, business units, units of the people's armed forces, political organization, social-political organisations to the management, use, according to the decision of the competent unit, chaired the management, handling of assets specified in clause 1 5 of this decree organizing the transfer of assets to the Agency , hosted the reception units, according to the decision of the authority prescribed in clause 2 article 19 of this Decree.
The Organization of the transfer, the receiving of property was established thereon according to the template specified by the Ministry of finance.
The Agency, organization, unit receive the assets transferred are responsible for increased asset accounting, implementation management, use of property under the provisions of the law on management and use of State property.
4. With regard to the assets is the money the State Treasury of Vietnam made accounting filed the State budget according to the provisions of the law on the State budget. With respect to the property is Exchange, the host unit management, handling of assets filed into the foreign currency accounts of the State Treasury at the Bank; The State Bank has the responsibility to buy all of the Exchange on move to submit the State budget in Vietnam according to the regulations.
5. for the property specified in clause 4 Article 18 decrees, the unit hosted management, handling of assets specified in clause 1 5 of this Decree, in collaboration with financial institutions at the same level and the functional implementation of the property under the provisions of the law.
Depending on the nature and characteristics of the goods, materials and products required to ensure environmental hygiene, the destruction is done according to the form include: use of chemicals; use mechanical methods; Cancel burning; destroy the buried; other forms prescribed by the law.
The destruction of property must be established thereon. The content of the report include: the base implementation of destruction; time, location, destruction; participants the destruction; the name, type, status, amount of the property at the time of destruction; forms of destruction and other related content.
The case of property prescribed in paragraph 4 to article 17 of this Decree are handled under another form taken by decision of the Minister of finance.
6. for auction property specified in Clause 5 Article 18 decrees, the unit hosted management, handling of assets specified in clause 1 5 of this Decree to coordinate with agencies performing functions to sell the property under the provisions of article 21 of this Decree.
7. With regard to the assets liquidation prescribed in clause 6 Article 18 decrees, the unit hosted management, handling of assets established the Council of liquidated assets to liquidate. Property disposal Council leadership chaired by the Unit Manager, handling the property as the President of the Council; other members include: representatives of the financial bodies of the same level; expert representatives of the host management, handling of assets; Representative, the relevant units.
The Council is responsible for assets liquidation classified exhibits, means of administrative violations need to liquidate to follow one of the following forms: a) Selling directly to organizations, individuals wishing to purchase;
b) demolish, remove for the exhibits, means of administrative violations cannot continue to be used and not sold.
The Organization liquidation is done according to the provisions of the law on management and use of State property.
Article 21. Property auctions 1. Host unit management, handling of assets specified in clause 1 5 of this Decree, signed a contract with auction organizing professional auctioneers or auction Council (in the case of rental not hosted professional auctioneers) in accordance with paragraph 1 article 12 of Decree 81/2013/ND-CP dated 19 July 2013 of government regulation details some things law enforcement measures and handling of administrative violations and rules of the law of property auction.
2. Determine the starting price: the price and value of the exhibits, the media must be delivered to the auction determined according to the provisions of article 60 of law handling administrative violations is the starting price for the auction Organizer.
In the following cases, you established the Council to determine the starting price: a) exhibits, means of administrative violations when transferred to the auction has not been determined;
b) expected time auction held in excess of 60 days from the date of valuation exhibits administrative violations as stipulated in Article 60 of law handling administrative violations;
c) exhibits value has to be determined according to the provisions of article 60 of law handling administrative violations disparities (higher or lower) from the 10% or more compared to the prices of property of the same type according to the announced price of the Finance Department at the time of transfer for auction.
The principle of work, the financial regime of the Council determining the starting price; principles, methods and procedures for determining the starting price to follow the instructions of the Ministry of finance.
3. The order property auction procedures follow the provisions of the law of property auction.
Section 2 management, HANDLING of PHYSICAL EVIDENCE in the CASE, the PROPERTY of the PERSON SENTENCED to CONFISCATION Article 22. Preserving the property's physical evidence case, the property of the person sentenced seized 1. As for the evidence of the case, the property of the person sentenced to be confiscated has decided to enforce the judgement within 10 days from the date of enforcement of the decision of court, civil enforcement agencies must be notified in writing and conduct the Affairs of physical evidence, asset custody unit for chairing the management property disposal, specified in paragraph 2 to article 5 of this Decree.
When transferring physical evidence, property seized must accompany the decision to enforce the judgment, the judgment, decision or a copy of the judgment, the decision by the enforcement agency official copies.
The transfer of physical evidence seized property must have the participation of the heads of civil enforcement agency or who are heads of civil enforcement agency authorization, accounting, store keeper and financial agency representative. The delivery, get physical evidence, the property was established thereon, describing specifically the reality evidence, property, signed by representatives of the Agency and the Party Affairs, the signature of the representative of the party authority and (if applicable).
After the transfer of project enforcement agencies, financial institutions make the preservation of assets as defined in article 17 of this Decree.
2. With respect to the evidence of the case by the investigating authorities, the Procuratorate decision confiscating it chaired the management, handling of assets specified in Clause 3 5 of this decree made the preservation as defined in article 17 of this Decree.
Article 23. Set up approval process, the property is evidence of the case, the property of the person sentenced seized 1. Within 10 days from the date of delivery of the property from the agency executed projects (for property has decided to enforce the judgment) or from the date of the decision to confiscate (for the property by the investigating authorities, the Procuratorate decision confiscated), unit chaired the management property disposal, specified in paragraph 2, paragraph 3 of the article 5 of this Decree are responsible for establishing process assets to the authorized levels prescribed in clause 3 of this approval. The content of process assets include: type, quantity, property status and form processing for each type of property.
2. Form processing properties:

a) transferred to the specialized agency to manage, handle for property weaponry, explosives, tool support, technical services, special equipment and other assets related to defense, security; historical valuables, cultural values, national treasures, antiques, rare, forest products are not used for commercial purposes and other properties are not allowed to circulate.
The Ministry of finance, in cooperation with the relevant ministries and agencies publish specific lists of specialized management agencies specified in this clause;
b) delivered to the State bodies, business units, units of the people's armed forces, political organization, social-political organizations to manage, use for the property is machinery, means of transport, equipment and means of work, equipment for professional work under the standard norms by the competent State Agency regulations;
c) Filed on the State budget for the property as money exchange, Vietnam;
d) destruction of property is no longer able to use the property list or ban the production, sales and circulation under the provisions of the legislation include: toxic food culture, drugs, counterfeit goods are not worth using, materials and products harmful to human health, animals, plants and other assets forced destruction. Special cases should handle according to the different forms to ensure effective, saving the host unit management, handling of assets reported to superior Agency (if any) to report to the Minister of finance review, decides to treat;
DD) Sold under the provisions of the law with respect to the property not subject to the provisions of points a, b, c and d of this Paragraph.
3. the competent approval process property: a) the Prime Minister for approval process for the property is valuable history, cultural values, national treasures, artifacts according to the recommendation of the Minister of finance, the Minister of culture, sports and tourism , Chairman of the provincial people's Committee concerned, except in the case of laws and ordinances have other regulations;
b) Minister of finance approval of transfer of assets specified in point a, point b Paragraph 2 of this Article for the agencies, organizations, units under central management or transfer between the provinces and cities under central;
c) people's Committee Chairman granted the approval or authority approval for asset disposal of the cases not specified in point a, point b of this Paragraph.
Article 24. The organization handles property is physical evidence of the case, the property of the person sentenced seized 1. With respect to the property transferred to the specialized agency execution management, handle specified in point a of Paragraph 2 Article 23 of this Decree, the unit hosted management, handling of assets specified in paragraph 2, paragraph 3 of the article 5 of this Decree held to hand over assets to the specialized agency.
The implementation of the transfer, the receiving of property was established as a form prescribed by the Ministry of finance.
After receiving the property, the specialized agency responsible for the management, handling of assets was to receive under the provisions of the relevant laws.
2. With respect to the property transferred to the Agency, organization, unit to manage, use specified in point b of Paragraph 2 Article 23 of this Decree, the unit hosted management, handling of assets specified in paragraph 2, paragraph 3 of the article 5 of this decree organizing the transfer of assets to the Agency organizations, receiving unit.
The implementation of the transfer, the receiving of property was established as a form prescribed by the Ministry of finance.
The Agency, organization, unit receive the assets transferred are responsible for increased asset accounting, implementation management, use of property under the provisions of the law on management and use of State property.
3. With regard to the assets is the money the State Treasury of Vietnam made accounting filed the State budget according to the provisions of the law on the State budget. With respect to the property is Exchange, the host unit management, handling of assets filed into the foreign currency accounts of the State Treasury at the Bank; The State Bank has the responsibility to buy all of the Exchange on move to submit the State budget in Vietnam according to the regulations.
4. for the property specified in point d of Paragraph 2 Article 23 of this Decree, the unit hosted management, handling of assets specified in paragraph 2, paragraph 3 of the article 5 of this Decree in collaboration with financial institutions at the same level and there are function bodies perform culling or other form processing as defined in clause 5 article 20 of this Decree.
5. property for sale in DD item 2 Article 23 of this Decree, the unit hosted management, handling of assets specified in paragraph 2, paragraph 3 of the article 5 of this Decree to coordinate with agencies performing functions to sell the property under the provisions of article 25 of this Decree.
Article 25. Sale of property is physical evidence of the case, the property of the person sentenced seized 1. The sale of physical evidence in the case, the property of the person sentenced to be executed by the method of public auction under the provisions of the law, except in the case specified in clause 2 of this Thing.
2. The case of the specified property for sale: a valuable) assets under 50 million/1 unit property;
a) property is goods, easily damaged items (fresh food, easy to be rancid, difficult preservation, flammable, explosive goods, food processing has passed but the term used also under 30 days, wild forest animals dead but not subject to destruction under the provisions of the law on the protection and development of forests ...); the property is bulky items, great weight was carried on means of transport, by sea which the unloading expensive, large cost;
c) is the property of materials, goods import bans forced to re-export that have only an economic organization has the capacity to export for materials, goods;
d) cases have involved registration expiry property auctions that only an organization or individual register to buy property and pay at least the starting price.
3. for property auctions, the auction Organizer property are as follows: a) unit chaired the management, handling of assets specified in paragraph 2, paragraph 3 of the article 5 of this Decree, signed a contract with auction organizing professional auctioneers or auction Council (in the case of rental not hosted professional auctioneers) to implementation of auction;
b) the determination of the starting price of the auction property is done according to the instructions of the Ministry of finance;
c) sequence, property auction procedures follow the provisions of the law of property auction.
4. for the property sold, the determination of sale price and sale institutions follow the provisions of the law on management and use of State property. The sale of specified property must be established thereon under the guidance of the Ministry of finance.
Section 3 management, HANDLING the PROPERTY, the PROPERTY of BEING DROPPED, the FORGOTTEN, the PROPERTY of BEING BURIED, were SUNKEN, the LEGACY is NOT the HEIR, the cargo BACKLOG ESTABLISHED OWNERSHIP of STATE Article 26. Property preservation, property was lost, forgotten legacy, not the heir, the cargo backlog of 1. Host unit management, handling of assets specified in paragraph 4, paragraph 6 article 5 of this Decree is responsible for preservation of assets pending disposal.
Unit case management processing, chaired the property does not have a warehouse to the preservation of the property then rental agency or authorized, qualified organizations on the base material, the treasure to preserve. The authoritative, rent property preservation must be established according to the rules of contract law.
2. where the property, the property was lost, forgotten, legacy has no heirs, the cargo backlog has the property type specified in clause 2 article 17 of this Decree, the preserve is made according to the provisions in paragraph 2 and paragraph 3 of article 17 of this Decree.
Article 27. Set up approval process, property, assets were lost, forgotten legacy, not the heir, the cargo backlog of 1. Within 10 days from the date of the decision to establish the State's ownership of the property, the unit hosted managed, handles assets prescribed in paragraph 4 to article 5 of this Decree are responsible for establishing process assets to the authorized levels prescribed in clause 3 of this approval. The content of process assets include: type, quantity, property status and form processing for each type of property.
2. Form processing property made under the provisions of clause 2 Article 23 of this Decree.
3. approval authority handled the property specified as follows: a) the Prime Minister for approval process for the property's historical-cultural national treasures, artifacts at the suggestion of the Chairman of the provincial people's Committee, which has property, the Minister of finance Minister of culture, sports and tourism, except in the case of laws and ordinances have other regulations;
b) Minister of finance approval of transfer of assets for agencies, organizations, units under central management or transfer between the province, the central cities, except property specified in point a of this paragraph;
c) people's Committee Chairman granted the approval or authority approval for handling the case did not belong to the scope of the points a, b and d of this Paragraph;
d) Director customs approval for handling the cargo backlog is property.
Article 28. The organization handling the property, the property of being lost, forgotten legacy, not the heir, the cargo backlog in the processing of property, the property of being dropped, left no legacy, heirs, the cargo backlog established ownership of the State under the provisions of the law made under the provisions of article 24 and article 25 of this Decree.
Article 29. Genus rewards for organizations, individuals discover and property were dropped, the forgotten 1. Organization, discovery and personal property was lost, forgotten was the historical-cultural, national treasures, antiques, property in the fields of Defense, national security be rewarded according to the provisions in paragraph 2 of this Article.
2. Bonus levels for individual organizations specified in Paragraph 1 of this article shall be calculated by the method of partial disproportionately, specifically as follows:

a) Part of the value of the property to 10 million, the rate of extract of reward is 30%;
b) part of the value of the property on the 10 million to 100 million, the rate of extract of reward of 15%;
c) part of the value of the property on the 100 million to 1 billion, the rate quoted is 7%;
d) portion of the value of the property on 1 billion to 10 billion, the rate quoted is 1%;
DD) part of the value of the property on the 10 billion, the rate quoted is 0.5% bonus;
The value of the property to extract of reward is determined after deducting the expenses under the provisions of article 36 of this Decree.
3. specific bonus Level by the Minister of culture, sports and tourism (for the property was found to be of historical-cultural national treasures, antiques), Chairman of the provincial people's Committee (for the other assets) decide, maximum not to exceed 200 million for each bonus package.
4. where there are many organizations and individuals to spend on bonuses and the value of the property being lost, forgotten special value then the authority specified in paragraph 3 of this article the prime consideration, decide the level of rewards.
5. The Ministry of finance instructed the Council valuation, valuation of the assets were lost, forgotten to make the base more details of bonus under the provisions of this Article.
The case does not determine the value of the property being lost, forgotten, the competent State agencies specified in paragraph 3 of this article the decision specific bonus levels, maximum not to exceed 200 million. Special case due to the Prime Minister to decide.
Article 30. Payment of part of the value of the assets for the Organization, individuals discover and property were dropped, the forgotten 1. Organization, discovery and personal property was lost, forgotten that not the historical-cultural national treasures, antiques, property is not in the field of Defense, national security asset value greater than ten months ' minimum wage by State rules applicable at the time the property , after deducting the cost of preservation organizations, individuals discover and enjoy property value by ten, the minimum wage and 50% of the value of the part exceeds ten, the minimum wage prescribed by the State.
2. the authority provided for in article 27 paragraph 3 of this Decree the decision entitled organizational level personal discovery, and property were lost, forgotten.
3. The organization, individuals are rewarded according to the provisions of article 29 of this Decree shall not be entitled to the portion of the value of the assets according to the provisions of this Article; the Organization, individuals are entitled to the portion of the value of the assets according to the provisions of this Article shall not be awarded under the provisions of article 29 of this Decree.
Article 31. Exploration, excavation, salvage, receiving, storage, disposal of assets being buried, was steeped in prize payment, and part of the value of the assets for the Organization, individuals randomly found the Organization of exploration, excavation, salvage, receiving, storage, disposal of assets being buried, sunk and the genus bonus the payment, part of the value of the assets for the Organization, random individuals found to be made under the provisions of Decree No. 96/2009/ND-CP on October 30, 2009 by the Government on the handling of the property were buried, were sunken to be discovered or found in the Mainland, the Islands and the sea of Vietnam (hereinafter referred to as the Decree No. 96/2009/ND-CP) and Decree No. 128/2013/ND-CP on October 15, 2013 the Government handled assets that sank on the inland waterways, ports and waters of the sea of Vietnam (hereinafter referred to as Decree 128/2013/ND-CP).
Section 4 management, HANDLING of ASSETS DUE to the Organization, the INDIVIDUAL VOLUNTARILY TRANSFER OWNERSHIP for the STATE Article 32. Receiving, preservation of property 1. Host unit management, handling of assets specified in Clause 7, paragraph 8 article 5 of this Decree are responsible for receiving, preservation of assets pending disposal.
Unit case management processing, chaired the property does not have a warehouse to the preservation of the property shall be authorized or hire agencies, organizations have enough eligibility of infrastructure, treasure to preserve. The authorization, rent property preservation must be established according to the rules of contract law.
2. for the foreign assets transferred but not yet fulfilled obligations to the State, the host unit management, handling of assets must make the transfer procedures and pay tax according to the provisions of the law before the authority establishing the State's ownership of assets and approval handling properties.
Unit case management processing, chaired the property layout is not funding to advance the tax unit chaired the management, handling of assets report the competent State agency approval process property tax decisions after sale, liquidate assets or Affairs for the Agency , organization, unit is receiving the property transfer tax procedures prescribed by law.
Article 33. Handle property when the transfer has identified specific agencies, organizations, management units, use 1. Establishment of process assets: the base standards, norms, management mode, use the property to the State, agency, organization, unit receiving the property asset disposal plans along with the suggested profile defines the State's ownership of assets, report the superior authority (if any) to the authorized levels prescribed in clause 2 of this consider the decision according to the following form: a) property transfer case consistent with the object, the reception conditions, standards, and norms, modes as defined by the law, then delivered to the Agency, organization, management, reception units used;
b) property transfer case does not fit the audience, reception conditions, standards and norms, in accordance with the law, the representative of the Agency, organization, unit must be rejected, the case does not reject was then processed for sale as specified in paragraph 4 of this Article.
2. The authority decide to process: the Authority decided to establish the State's ownership of property specified in clause 4 Article 8 of this Decree has the authority to approve the process property.
3. With respect to the property transferred to the Agency, organization, unit management, use, agency, organization, unit to receive the property is responsible for the increased assets, accounting management, use of property under the provisions of the law on management and use of State property.
4. for sale: property made under the provisions of article 25 of this Decree.
Article 34. Handle property when the transfer does not identify specific agency, organization, Unit Manager, use 1. Host unit management, handling of assets specified in Clause 8 article 5 of this decree established the process of property along with the suggested profile defines the State's ownership of assets, report the superior authority (if any) to the authorized levels prescribed in clause 2 of this review the decision according to the following form: a) transferred to State agencies, the public, the people's armed units, political organization, social-political organizations have the need to use property that is missing the property compared to the standard, level of use of the property by the competent State Agency regulations;
b) liquidation for assets has exceeded the time used by the regime that cannot continue in use; damaged property can not be used or repairs are not effective;
c) for the Sale of the property is not in the scope of point a, point b of this Paragraph.
2. Authority decided to establish the State's ownership of property specified in clause 4 Article 8 of this Decree has the authority to approve the process property.
For private properties due to the organizations and individuals donate party leader, State, Government, Congress, the approval process made after comments by the party leadership, the State, the Government, the National Assembly.
3. With respect to the property transferred to the Agency, organization, Unit Manager, use the unit, chaired the management, handling of assets specified in clause 8 article 5 of this decree organizing the transfer of assets to the Agency, organization, receiving units. The implementation of the transfer, the receiving of property was established as a form prescribed by the Ministry of finance.
The Agency, organization, unit receive the assets transferred are responsible for increased asset accounting, implementation management, use of property under the provisions of the law on management and use of State property.
4. for assets liquidation: follow prescribed in paragraph 7 article 20 of this Decree.
5. property for sale: follow the provisions of article 25 of this Decree.
Article 35. The handle property of the enterprise with foreign capital transfer to the State of Vietnam under commitment 1. Host unit management, handling of property prescribed in clause 9 Article 5 of this decree established the process of property under the provisions of the investment law, land law, law on management, use of State assets, the authority prescribed in clause 2 of this review decision.
2. Authority decided to establish the State's ownership of property specified in clause 5 article 8 of this Decree has the authority to approve property process.
3. The Ministry of finance to specific processing instructions property specified in this article.
Chapter IV FINANCIAL MANAGEMENT in MANAGEMENT, handling of ASSETS ESTABLISHED OWNERSHIP of STATE Article 36. The expenses 1. The expenses related to the establishment of State ownership of property, management and disposal of assets established ownership of the State include: a) the cost of transportation, preservation; the cost of testing, assessment, valuation of assets custody; genus compensation of losses due to objective reasons (if any) to the time of the approval decision process by competent State bodies. Receiver case, preserving the property has been the State warehouse layout, means of transport, regular funding is not paid the expenses related to the transportation, the preservation of the property;
b) cost of delivery, receiving, unloading, transport, preservation of property from the time of the approval decision process of the competent authority until the completion of the disposal;

c) The costs incurred in the process of selling assets: fixed cost price; genus examiner rental, repair rental property for sale if the property is sold the new repair; genus overcome loss of property due to objective reasons; auction fees charged for organizing professional auctioneers, auction fees due the Council auction done (for the case of auctioning through property auction Council);
d) import tax, value added tax, special consumption tax (if applicable) for every case in an interim import, re-export but now the competent State agencies for official import permission;
DD) of fees (if any);
e) costs for care, wildlife rescue before processing by the decision of the competent State agencies;
g) costs made the destruction of property;
h) other expenses involved.
The expenses related to the exploration, excavation, salvage, disposal of assets being buried, was steeped is made under the provisions of Decree No. 96/2009/ND-CP and Decree No. 128/2013/NĐ-CP dated. 2. For expenses already have standards and norms, modes by the competent State agencies, the regulations made under that provision. As for the expenses not yet have standards and norms, modes by the competent State agencies, heads of unit chaired the management, handling of assets decided on the basis of fact arise and the ability of funds make asset disposal and take responsibility for his decisions.
3. The payment of the expenses prescribed in this made under actual spending or securities of funds under the guidance of the Ministry of finance.
4. Ministry of finance guidelines specified in this article.
Article 37. Funding source 1. For sale shall be disposed of property funds to be used from the money earned by the sale of assets already paid on account of the custody of the State bodies (Ministry of finance, Department of finance, a financial-planning Rooms) was opened at the State Treasury. The case of the proceeds due to the sale of assets are not sufficient to pay the expenses that tracking own custody account for the Agency, asset disposal unit and the balance shall be used to support the payment of costs, if the lack of support from the State budget according to the current rules.
2. for the property is handled by the other forms (transfer, destroy) the funds to spend on the content of the provisions of article 36 of this Decree are arranged as follows: a) State budget arranged in regular annual spending estimates of the assigned unit chaired the management , handling of assets to secure funding to implement the disposal of assets;
b) with respect to the property transferred to the specialized agency to manage, processed or transferred to the Agency, organization, unit to the management, use, the costs incurred before the approval decision process of the State bodies are competent to be executed as defined in point a of this Paragraph; the costs arising from the approval decision process of competent State agencies to complete the handover by the Agency, organization, unit receiving the property.
3. The funds spent on bonuses and payment of part of the value of the assets for the Organization, discovery and personal property was lost, forgotten under the provisions of article 29 and article 30 of this Decree shall be made in accordance with paragraph 1, paragraph 2 of this Article.
Article 38. The management of proceeds from the disposal of property the entire proceeds from the disposal of assets, after deducting the costs according to the provisions of article 36 of this Decree is filed on the State budget according to the provisions of the law on the State budget.
The property agency, central processing units, the proceeds from the disposal of assets filed into the central budget; the property agency, local processing units, the proceeds from the disposal of assets filed into the local budget.
Chapter V ENFORCEMENT PROVISIONS Article 39. Effect 1. The Decree has effect as from June 1, 2014.
2. From the date of the Decree has effect, the following provisions will most effect: a) article 20, article 21, article 22 of Decree 14/1998/ND-CP dated 10 March 1998 of the Government on the management of State assets;
b) Decree No. 137/2006/ND-CP on November 14, 2006 of the Government regulating the decentralized governance for State properties in administrative agencies, the public, the property was established ownership of the State;
c) item 2 article 13 decision No 64/2007/QD-TTg dated 10 May 2007 from the Prime Minister's issued the regulation on gift, gift and gifts of State agencies and public servants;
d) article 19, paragraph 2 clause 1 Article 25 of Decree No. 17/2010/ND-CP of March 2010 the Government property auction.
Article 40. Enforcement instructions 1. The Ministry of finance is responsible for: a) guide the implementation of the article, your Ministry of finance guidelines stipulated in this Decree;
b) issued the form to implement this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and heads of agencies responsible for the implementation of this Decree.