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The Decree 52/2009/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Management And Use Of State Property

Original Language Title: Nghị định 52/2009/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Quản lý, sử dụng tài sản Nhà nước

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The DECREE detailing and guiding the implementation of some articles of the law on management and use of State property _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of management, use of State assets on June 3, 2008;
Considering the recommendation of the Minister of finance DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree detailing and guiding the implementation of some articles of the law on management, use of State assets XII Congress through June 3, 2008.
2. The management and use of State property agency and management in Vietnam, the use of State property in the people's armed units follow the Government's own rules.
Article 2. Management and use of State property in the political organization, social-political organizations, social-political organizations, social organizations, civil society organizations-career 1. The management and use of State property in the political organization, social-political organizations, social-political organizations, social organizations, civil society organizations-career (hereinafter referred to as the Organization) made under the regulation on management, use of State assets in State agencies specified in chapter III Management Law the use of State property, and chapter II of this Decree. Private maintenance and repair of the property to the State of the social-political organizations, social organizations, civil society organizations-career made possible by the funds of the organization.
2. for State assets had the decision of authorized State agencies to transfer ownership to the political organization, social-political organizations and property specified in clause 2 Article 36 and 37 of the Law Article 3 account management, use of State assets in the ownership of that organization; the management, using this property made under the provisions of civil legislation, relevant laws and regulations of the organization.
Chapter II management, USE of STATE ASSETS in STATE AGENCY section 1 CONSTRUCTION, procurement of STATE PROPERTY article 3. The authority responsible for managing traffic construction Headquarters work 1. Based on the scale, the nature of the investment and project management capabilities, the project, the Agency has the authority to decide to invest in the construction Office to decide one of two invest in construction method specified in clause 1 article 13 of the law on management and use of State property.
2. The Prime Minister decided to set up new or existing organization invested to build the Headquarters work of State agencies under central management method of construction Headquarters work specified in article 13 paragraph 1 point a management Law , used state assets; Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) decided to set up new or existing organization invested to build the Headquarters work of State agencies in the management of local construction methods based work stipulated in art. 13 Law Management Articles , used state assets.
Article 14. Rights and obligations of the Organization was entrusted investment management Headquarters construction work 1. The State allocated capital to build the Headquarters work for State agencies under the scope of the task assigned to it.
2. Make investments to build the headquarters working under the provisions of the law on investment, construction.
3. Delivery Office for State Agency assigned management, used according to the specified mode, after the completion of the construction.
Article 5. The Authority decided stores state assets authority stores state assets in State agencies comply with the provisions of paragraph 4 article 14 Management Law, the use of State assets.
Article 6. The method stores the State property 1. The purchase of State assets is done according to one of the following methods: a) stores;
b) assigned agency management, use of the property done shopping.
2. The method stores the focus is applied with regard to property has several shopper numbers, the total value of great shopping and has asked to be equipped throughout, modern. Ministers, heads of ministerial agencies, heads of other central agencies (hereafter referred to collectively as Ministers, heads of central bodies), Chairman of the provincial people's Committee decided asset stores according to focus, in the scope of management.
3. The unit was delivered made the purchase of the property by the method of focus has the following rights and obligations: a) Is the State Affairs funds to shop property for State agencies under the scope of the task assigned to it.
b) made the purchase of the property under the provisions of the law of property, procurement of goods from the State budget;
c) hand over the assets to the assigned agency management, used according to the specified mode, after the completion of the purchase.
4. Prime the Government issued regulation stores state assets under focus.
5. for the property stores according to the method specified in point b of paragraph 1 of this article, the agency heads are assigned management, use of property made stores under the prescribed regimes.
Category 2 SERVICE PROPERTY RENTAL ACTIVITY of STATE BODIES article 7. Rent office 1. State agencies are hired to serve the working Headquarters operation in the following cases: a) Not based work or lack of work headquarters area than standard norms that affect the implementation of the tasks assigned;
b) Office there were serious degradation, do not guarantee safety when in use;
c) hiring Office more effectively the investment construction, shops;
d) only needs to use the Headquarters work in short time.
2. Authority to decide hiring head office work done under the provisions of paragraph 4 article 15 Management Law, the use of State assets.
3. the working headquarters area are rent does not exceed the standards and norms used Office and in accordance with the possibilities of the State budget.
4. Select a service provider for rental office.
a) State agency needs to hire Office is responsible for public notice based rental needs work;
b) the selection of suppliers based rental service work done under the provisions of the law of tenders.
c) case of expiry of registration for rental office where only one supplier based rental services work to meet the requirements of the agency go rent the specified form shall apply.
5. Office rental Prices are determined as follows: a) the case apply form of bidding, offers competitive shopping direct: office rental rates are determined according to the provisions of the law of tenders;
b) applicable form specified: price and rental agency rental supplier agreement; event rentals from 100 million/year over the State Agency to go rent the Headquarters work to hire organizations function valuation determined to rental agreements with suppliers;
c) headquarters lease price specified in point a, point b of this clause must match the working headquarters lease price in the local market.
6. the cost of office rental are arranged in the estimation of the budget allocated to State agencies under the provisions of the law on the State budget.
Article 8. Property rental is not the Office 1. State agencies are hiring the property is machinery, equipment, vehicles and other properties not working headquarters to active service in the following cases: a) not have property or missing property compared to the standard norms that affect the implementation of the tasks assigned;
b) existing assets were damaged or no longer use to ensure safe use;
c) only needs to use the property for a short time or do not regularly.
2. The authority decide to rent the property made under the provisions of paragraph 4 article 15 Management Law, the use of State assets.
3. The number, type of property to be leased is consistent with the standards and norms, modes of management, use of such properties and possibilities of the State budget.
4. Select a service provider for property rental is not the Headquarters work: a) the selection of the service provider for property rental office is not made under the provisions of the law of tenders;
b) where only one service provider for rental property to meet the requirements of the Agency rented then apply the specified method.
5. Determining the asset lease price is made according to the provisions in point a, point b paragraph 5 article 7 of this Decree.
Rental property is machinery, equipment, vehicles and other properties not working headquarters should match the property's rental price of the same type or the same technical standards and made in the local market.
6. the cost of the rental properties are arranged in the estimation of the budget allocated to State agencies under the provisions of the law on the State budget.
Item 3 maintenance, REPAIR, and MANAGE STATE PROPERTY RECORDS article 9. Maintenance and repair of State assets 1. State assets have to be maintenance, repairs in the correct mode, standards, technical-economic norms by the competent authority in paragraph 3 of this regulation. Heads of State are assigned management, use of State property decision the maintenance and repair of the assets.
2. The estimating, Executive and settlement expense maintenance, repair of State assets made under the provisions of the law on the State budget.
3. The authority regulations, standards, technical-economic norms of maintenance and repair of State assets: a) The management regulations, standards, technical-economic norms of maintenance and repair for State assets in the scope of the governance;

b) for State assets yet mode, standards, technical-economic norms maintenance, repair of the professional management, the Ministers, heads of central bodies, the Chairman of the provincial people's Committee or hierarchy rules for heads of State was entrusted to manage , used state assets regulatory repair, maintenance mode property in the scope of management.
Article 10. Set the State property records 1. State property records include: a) records relating to the formation, changes in State assets under the provisions of the law;
b) report declared State property under the provisions of article 32 and article 33 of this Decree.
c) management situation report, using state assets as defined in article 32 and article 34 of this Decree;
d) database of State assets.
2. State authorities are delegated management, use of State assets and the agencies, organizations, units and individuals involved in the scope of his responsibility to prepare state assets under the provisions of the law.
Article 11. Manager, records state assets 1. State Agency assigned management, using state assets to manage, archive full of records of its property management, use as specified in item 1 article 10 of this Decree.
2. the superior authority of State Agency assigned management, use of State assets management, archive the records of State assets: a) report declared State property; management situation report, use the State property of the subordinate State authorities;
b) report the situation to manage, the use of State assets of the State authority in the scope of management;
c) database of State assets of the State authority in the scope of management.
3. Ministries, ministerial agencies, other agencies in the Central Government (hereinafter referred to as the Department, central agencies); The provincial people's Committee of management, archive the records state assets: a) report declared State property, report the situation to manage, the use of State assets of the State authority in the scope of management;
b) report the situation to manage, the use of the State property Ministry, the central agencies; the province, central cities;
c) database on the property of the State, of the central authorities; the province, central cities.
4. Ministry of finance management, archive the records state assets: a) Declaration reports state assets is Office, cars of the central ministries and agencies;
b) report the situation to manage, use State assets within the country;
c) national database of State assets.
Section 4 RECOVERY of STATE ASSETS article 12. The case of recovery of State assets 1. State assets is Office and other properties associated with the land vacant or not use too the 12 months; land use rights are assigned to the project construction headquarters to work that land use progress been slow to recover under the provisions of the law of the land and the laws on investment, construction.
2. State property has equipment for State agencies, individual non-standard norms; State assets being used wrong purpose, beyond the standards and norms, modes, or rental use to perform other business activities.
3. State property has equipment for State agencies to manage, the use to which that agency no longer needs or falling demand due to the change of organization or change functions, tasks and other causes but was given the authority to manage, use the property do not suggest moving or selling the property.
4. State authorities are delegated to manage, using state assets to voluntarily return the property to the State.
5. other necessary cases under the decision of authorized State agencies.
Article 13. Authority to recover State assets 1. The Finance Minister decided to revoke the State assets: a) Headquarters work, other assets attached to land (including land use) of State organs under central management;
b) property is not working headquarters and other assets associated with the land of the State organs under central management must withdraw but The Central Agency, not revoked;
c) Headquarters work, other assets attached to land (including land use) of the State bodies in the local management to recall but not the local currency.
2. Ministers, heads of central bodies decided to withdraw for the property is not working headquarters and other assets associated with the land of the State bodies in the scope of management.
3. provincial councils authority hierarchy decided to revoke the State assets of the State authority in local management.
4. The authority to revoke the right to use the land was given to the project construction headquarters to work that land use progress been slow to recall performed under the provisions of the law of the land.
5. In the case of detection of State assets in State organs under central management locally being used wrong purpose, beyond the standards and norms, modes due to State regulation, rent or perform other business activities, the Chairman of the provincial people's Committee recommendations to Minister of finance , Ministers, heads of central bodies decided to withdraw jurisdiction prescribed in clause 1 and clause 2 of this Thing.
Article 14. Order and procedure for recovery of State assets 1. Financial institutions, the Agency assigned management, use of State assets and the Agency has inspected, function tested, audited when State assets in the cases specified in article 12 of this Decree is decide to withdraw jurisdiction or propose competent State authorities decided to recover under the provisions of the law.
2. within 30 days from the date of the decision to revoke the property of competent State agencies, the Agency assigned management, use of recovered assets must perform the full transfer of State property is recovered in accordance with the decision of the authorized State agencies.
3. The authorities responsible for implementation decided to revoke the State assets stipulated in clause 4 of this hosted, in cooperation with the relevant bodies to perform the following tasks: a) the recovery of property held in accordance with the decision of the competent State agencies;
b) preservation of State property being recovered;
c) Established process (article moved, sold) the State property is recovered, the competent State bodies with the provisions of article 16 and article 19 of this Decree the decision;
d) implementation process recovered assets be competent State agency decision; property cases can be processed within the time allowed, then exploit to take advantage of currency for the State;
DD) Submit proceeds from the disposal of State assets and revoked, after deducting the related expenses in the State budget according to the provisions of the law on the State budget and related legislation.
4. Responsibility of the Organization made the decision to recover State assets are defined as follows: a) The Finance Committee decided to revoke the State assets of the competent State Agency specified in clause 1 article 13 of this Decree.
b) The central authority, the Organization made the decision to recover State assets of competent State agencies prescribed in clause 2 article 13 of this Decree;
c) local financial authorities made the decision to revoke the State assets of the State authority in local authority prescribed in paragraph 3 article 13 of this Decree.
Section 5 TRANSFER of STATE PROPERTY article 15. The case of the transfer of State assets regulator 1. From where to admit to missing according to the standards and norms used state assets by the competent State Agency regulations.
2. To bring higher efficiency.
3. State authorities are delegated to manage, use State assets but there is no need to use often.
4. State property is recovered; the property seized or establish the ownership of the State according to the decision of the authorized State agencies.
5. other special cases prescribed by law.
Article 16. The Authority decided to transfer State assets 1. The Minister of finance decides to transfer the property to the State in the following cases: a) between The central agencies, as suggested by the Secretary, the heads of the central bodies concerned;
b) From State organs under central management to agencies, organizations, local management units according to the recommendation of the Minister, the heads of the central bodies, the Chairman of the provincial people's Committee concerned;
c) From State agencies in management to local authorities, organizations, units under central management as proposed by the Chairman of the provincial people's Committee, Ministers, heads of the central bodies concerned;
d) From local State agencies to agencies, organizations, other local units, according to the proposal of the Chairman of the provincial people's Committee concerned.
2. Ministers, heads of central bodies decide or decentralized authority decided to transfer State assets from the State Agency to the Agency, the management scope units.
3. The people's Council granted the decentralized authority decided to transfer State assets from State agencies into the authorities, organizations, units of the scope of management for the local people's Committee Chairman, heads of provincial departments, provincial departments, Chairman of the people's Committee at district level.
4. The transfer of State assets only made between State organs, the people's armed units, business units, political organization, social-political organizations, except in special cases by the Prime Minister to decide.
Article 17. Order and procedure of transfer of State property to 1. When there is a need to transfer the property, State agencies are management, use of that property or agency specified in clause 4 article 14 of this Protocol (hereinafter referred to as the body property) must file proposed transfer of assets to send the competent State agencies provided for in article 16 of this Decree considers decision. Records suggest moving assets include:

a) dispatch the proposal to transfer the assets of the relevant property;
b) dispatch the proposal receiving the assets of the Agency, organization, unit receive the property;
c) comments in writing of the relevant agency as defined in article 16 of this Decree;
d) asset transfer proposal.
2. within 30 days from the date of the full documents suggest transferring the property, the competent State agency decision to transfer State property. The content of the decisions transferring State assets include: a) the State Agency has the property of things;
b) Agency, organization, unit is getting the property transfer;
c) asset transfer;
d) responsible for implementation.
3. within 30 days from the date of the transfer decisions are the property of the authorized State agencies: a) State agencies have the property transfer, in cooperation with the Agency, organization, unit is getting the property transfer, delivery organization receiving State assets; perform accounting reduce, increase assets under the current accounting mode; variable declaration statements of assets according to the provisions of article 32 and article 33 of this Decree;
b) resource and the Environment Agency are responsible for complete records of land use rights in the case of transfer of assets is Office and other properties tied to the land.
4. The organization of delivery, receiving the property must be made in the minutes. The content of the minutes, receive the assets include: a) the name, address of delivery of party assets;
b) Name address of the property;
c) asset allocation,;
d) the responsibility of the party, the receiving party property;
DD) directory of records, the relevant document.
5. the reasonable costs directly related to the transfer, the receiving of property caused by the unit receiving the assets paid as prescribed.
Item 6 STATE ASSET SALE Article 18. The case of the sale of State assets 1. State Agency assigned management, use the property no longer needs or reduced demand due to changes in the organization or change functions, tasks and other causes which are not handled by the method of withdrawal or transfer property.
2. The use of State property has no effect, including: a) use lower performance (except specialized assets);
b) State authorities took over management, use of State assets but there is no need to use often.
3. Make reorder work management, use of State assets by decision of the competent State bodies.
4. To replace the assets required by technical innovation, technology by decision of the competent State bodies.
5. State property is recovered; the property seized or establish the ownership of the State according to the decision of the authorized State agencies.
Article 19. The Authority decided to sell State assets 1. The Finance Minister decided to sell the Headquarters work, other assets attached to land (including land use) of State organs under central management as proposed by Ministers, heads of central bodies.
2. Ministers, heads of central bodies decide or decentralized authority decided to sell the property not the Office, other properties associated with the land of the State bodies in the scope of management.
3. provincial councils authority hierarchy decided to sell State assets in the scope of local management; the sale of private property is a working Office, other assets attached to land (including land use) people's Committee Chairman issued the decision.
Article 20. The method of selling state assets 1. The sale of State assets made by the method of public auction under the provisions of the law on management, use of State assets; except in the cases specified sold prescribed in clause 2 of this Thing.
2. The case is assigned to sell State assets, including: a) the organisation or individual registered to buy property on the land, the transfer of land use right to use for the purpose of socialization in the fields of education, vocational training, health, culture, sport, environment consistent with approved plan. If two organizations, individuals register to buy property on the land, the assignee the right to use the land for the purpose of socialization in the areas mentioned above, the implementation of the auction between the participants;
b) expiry cases participate property auctions that only a registered individual or organization buying State assets and pay at least the starting price;
c) other circumstances as stipulated by the Government or the Prime Minister.
Article 21. Order and procedure of sale of State assets 1. The authorities of the State assets in the cases specified in article 18 decrees establishment of State property sale proposals send the competent State bodies specified in article 19 of this Decree shall review the decision. Records suggest that the sale of State assets, including: a) text recommended selling state assets management authorities, using state assets;
b) comments in writing of the relevant agency as specified in article 19 of this Decree;
c) asset sale proposal.
2. within 30 days from the date of the full documents suggest selling the property, the competent State agency decision to sell State assets. The content of the decision to sell State assets, including: a) State agencies have properties to sell;
b) asset is sold (type, quantity, status, value);
c) method of property sales (auctions, specified);
d) Manager, used proceeds from the sale of the property;
DD) responsible for implementation.
3. Within a period of 60 days for the assets is Office and other properties tied to the ground, 30 days for other assets, from the date of sale decision of authorized State agencies, State authorities have sold assets to State property sales organization under the provisions of article 22 and Article 23 of this Decree.
4. After the completion of the sale of the property, the State agencies have properties to sell assets and reduce the accounting report declared State property changes according to the provisions of article 32 and article 33 of this Decree.
5. natural resources and the Environment Agency are responsible for complete records of land use under the provisions in case of sale of the property is a working Office and other properties tied to the land.
Article 22. Auctioning State assets 1. Determine the starting price: a) with respect to the property is a working Office, other assets attached to land including land use rights, State agencies have properties to sell eligible organizations hire valuation determines asset prices, sent the Department of Finance (which has the property), Department of finance , in cooperation with the relevant agencies to consider, the Chairman of the provincial people's Committee decided the starting price. The event was held not hire qualified valuation, the Department of finance in cooperation with the relevant organs of the Council established to identify and process the President of the provincial people's Committee decided the starting price.
Starting price of the assets on the ground to ensure conformity with the actual value is left as a result of revaluation; starting price of land use right is identified closely with the actual transfer prices on the market at the time of assignment according to the purpose of the new use of the land.
b) for State property not subject to the provisions in point a of this paragraph, the heads of State bodies have established selling property the Council to determine the starting price or rent held eligible valuation to make decision base starting price.
Starting price of the auction properties must ensure conformity with market value of property of the same type or property with the same specifications, quality, origin.
2. State bodies have the property sold is responsible for hiring career or business units (collectively referred to as the Organization) has the function of auction property for sale property auctions; If there are many organizations that function to make auction bidding; special case because the property has great value, hassle or not hire hosted auction functions, the Council property for auction properties.
Article 23. Selling state assets specified 1. Determining the selling price specified State property as follows: a) with respect to the property is a working Office, other assets attached to land including land use rights, State agencies have properties to sell eligible organizations hire valuation determine property price , submit the Financial Facility (where the property), the Department of finance, in cooperation with the relevant bodies established the Council for considering valuation, the Chairman of the provincial people's Committee decided to sale price. The event was held not hire qualified valuation, the valuation Council determines and the Chairman of the provincial people's Committee decided to sale price.
The selling price of the property on the ground to ensure consistent with actual values left as a result of revaluation; the value of land use are closely identified with the actual transfer prices on the market at the time of assignment according to the purpose of the new use of the land, not lower the price of the land by the provincial people's Committee.
b) for State property not subject to the provisions in point a of this paragraph, the heads of State bodies have established selling property the Council to determine the sale price or rent held eligible valuation to make decision base price sale price.
The selling price of the property to ensure conformity with the market value of the assets of the same type or property with the same specifications, quality, origin.
2. Pursuant to the decision to sell State assets of competent State agencies and the selling price specified in paragraph 1 of this article, State authorities have the property sale sale conducted for buyers of property in accordance with the civil legislation.
Article 24. Manager, used proceeds from the sale of State assets 1. The proceeds from the sale of State assets, after deducting the costs specified in paragraph 2 of this Article (if available) was filed on the State budget according to the provisions of the law on the State budget and related legislation, except where State authorities are used to implement the investment project are the competent State agency approval provided for in item 2 Article 57 of this Decree.
2. Reasonable costs related to the sale of State assets, including:

a property inventory costs); measured drawings, land;
b) cost of relocation;
c) valuation and cost valuation of assets;
d) auction organization costs;
DD) other relevant costs.
Item 7 STATE PROPERTY LIQUIDATION article 25. The case of liquidated State assets 1. Used in excess of the time used as specified by the mode that can not continue to use.
2. Damaged cannot be used or repairs are not effective.
3. Head Office or other properties associated with land dismantlement by decision of the competent State agencies for clearance of investment projects, clearance according to planning and other cases prescribed by law.
Article 26. The Authority decided to liquidate the assets of State 1. Ministers, heads of central bodies decide or decentralized authority decided to liquidate the assets of the State in the scope of management.
2. provincial councils authority hierarchy decided to liquidate the assets of the State authority in local management.
Article 27. The method of liquidation of State assets 1. State assets be liquidated according to the following method: a) the sale of State assets;
b) demolish, remove State property.
2. The liquidation of assets of the State according to the method of sale is made under the rules of the auction law, except in the following cases: a) are selling state assets has most of the remaining value by ledger. Private property is the home and other assets tied to the Earth, means of transportation, other raw assets price according to the accounting books from 500 million dong (five hundred million) over/01 property units have to reassess, if the remaining value according to reassess under 50 million dong (fifty million)/01 the property units sold only;
b) expiry cases participate property auctions that only an organization, individuals register to buy State assets and pay at least the starting price.
Article 28. Order and procedure of liquidation of State assets 1. The State Agency has assets in the cases specified in article 25 of this decree established the record suggest that liquidation of the property of the State, send the competent State organs prescribed in article 26 of this Decree to review the decision. Records suggest that liquidation of assets include: a) text recommended liquidation of State property;
b) proposed asset liquidation;
c) as for the type of property that the law has specified when liquidation takes comments confirm the quality property of the specialized agencies to submit comments in writing by the Agency.
2. within 30 days of receipt of a valid application to recommend liquidation of assets, the competent State agency decision to liquidate assets. The content of the decision to liquidate the assets of the State include: a) State agencies have the assets liquidated;
b) asset liquidation;
c) method of liquidation of assets;
d) management, use of proceeds from the liquidation of assets;
DD) responsible for implementation.
3. Within a period of 60 days for the assets is Office and other properties tied to the ground, 30 days for other property since have decided to liquidate assets, State authorities have organized liquidation assets liquidated State assets under the provisions of article 29 and article 30 of this Decree.
4. After the completion of the liquidation of assets, State authorities have the assets liquidated asset reduction accounting pursuant to the accounting legislation; variable declaration statements of assets according to the provisions of article 32 and article 33 of this Decree.
Article 29. The Organization liquidated State assets according to the method of sale 1. The determination of the starting price and asset auction organization liquidation made according to the provisions of article 22 of the Decree.
2. The determination of sale price and sale institutions specify the assets liquidation made according to the provisions of article 23 of this Decree.
Article 30. The Organization liquidated State assets under the method of demolition, remove 1. State agencies have implemented self liquidation of assets or hire other private organizations to conduct the demolition, remove the property under the provisions of the law.
2. in case of dismantling the working headquarters, other properties associated with raw land prices according to the accounting books from 1 billion (one billion) or more, 1 unit of the property over to the bidding or auction liquidation. The tender or auction liquidation of property made in accordance with the law.
3. The property recovered from the demolition is processed for sale as defined in article 27 and article 28 of this Decree.
Article 31. Manager, used proceeds from the liquidation of assets of the State 1. The proceeds from the liquidation of State assets, after deducting the costs specified in paragraph 2 of this Article are filed on the State budget according to the provisions of the law on the State budget. The case of the proceeds from the liquidation of assets are not enough to offset the cost of the missing portion was spent from the State budget estimates delivered to State bodies have the assets liquidated.
2. Reasonable costs related to the liquidation of State assets, including: a) the cost of the asset inventory;
b) dismantling costs, cancellation of property;
c) valuation and cost valuation of assets;
d) auction organization costs;
DD) other relevant costs.
Item 8 reports, PUBLICITY, inspection, CHECKING the STATE PROPERTY Article 32. Report state assets 1. The assigned agency management, use of State assets perform accounting and reporting for all State assets be assigned management, used in accordance with the law on accounting, statistics.
2. For other types of assets following State, Agency assigned management, use the report the authorities and financial institutions to manage unified focus within the country;
a) Headquarters work; the right to use the land to build the headquarters working;
b) types of cars;
c) the property is not in the range specified in point a and point b of this clause have the raw price according to bookkeeping from 500 million dong (five hundred million) or more, 1 unit property.
3. Report the State assets stipulated in paragraph 2 of this Article are: a) report declared State property;
b) reported the situation to manage, the use of State property.
4. in case the assigned agency management, use of property prescribed in clause 2 this does not make the report or not report on time, the State financial authority has the right to ask the State Treasury to temporarily suspend the payment of the expenses related to the property to report and not arranged the funding of fixed assets shopping on budget estimation the following year by the Agency; the head of the Agency assigned management, use of State assets being processed under regulations.
5. The Ministry of finance is responsible for: a) Regulations state asset reports;
b) build and manage a national database on State property.
Article 33. The report declared State property 1. The assigned agency management, use of property prescribed in clause 2 Article 32 this decree made the report declared the property of the State in the following cases: a) State assets are currently managed, used at the time the Decree has effect;
b) change of State assets due to construction; new shopping; the reception from other units used; liquidated, transferred, revoked, destruction or sale according to the decision of the competent State agencies; change of purpose in use of the property as determined by the competent State agencies;
c) assigned agency management, use the property name change, separation, merger by decision of the competent State bodies.
2. The time limit for reporting the property declaration State: a) before 31 December 2009, for the cases defined in art. 1 of this article;
b) not exceeding 30 days from the date of the changes to the case provided for in point b and point c of paragraph 1 of this article. For assets put to use due to the completion of construction, renovation, repair, upgrades grew, the time change from the date of signing the minutes of trials brought into use.
Article 34. Management situation report, using state assets 1. Every year, the Agency assigned management, use of assets made the management situation report, use the State assets of the previous year for the property specified in clause 2 Article 32 this Decree and irregular reports as required by competent State bodies.
2. The time limit for reporting the situation to manage, use State assets annually stipulated as follows: a) the assigned agency management, use the set property reports the Agency supervisor before 31 January;
b) superior reporting agency sends the central ministries and agencies, the provincial people's Committee on Feb. 28 before;
c) Ministry, the central agencies, the provincial people's Committee established the management situation report, use of State assets in the scope of management of the Finance Ministry sent before 15 March;
d) Ministry of Finance General Manager situation, use State assets within the country before the Government reports on March 31;
DD) Government report to Congress the situation management, use of State assets within the country before April 30.
Article 35. Publicly, the Administration used state assets 1. State assets to the public management, use include: Office, other assets attached to land, vehicles and other fixed assets.
2. State authorities are delegated to manage, use State assets made public procurement, construction, management and use of State assets through the following form: a) announced during the annual session of the Agency;
b) released publications;
c) listed at the headquarters of the Agency's work;
d) notice in writing to the Agency, organization, or individual units concerned;
DD) reported on electronic information page and the mass media;
e) provide information as requested by the agencies, organizations and individuals.
3. Prime time-specific rules, content, public report mode management, use of State assets in State agencies.
Article 36. Inspection, testing, auditing executive management mode, use State assets 1. The Authority decided to inspect, examine the Executive management mode, use State assets are defined as follows:

a) the Minister of finance decides to inspect, examine the Executive management mode, use State assets within the country;
b) Ministers, heads of central bodies, the Chairman of the provincial people's Committee, heads of departments, sectors, provincial people's Committee Chairman granted the district decided to inspect, examine the Executive management mode, use the State assets of the State authority in the scope of management.
2. The State Auditor to audit the implementation of the management, the use of State assets under the provisions of the law on the State Audit.
3. inspection bodies, test, audit has the right to request the Agency individual, be inspected, tested, audited to produce records, documents relevant to the liquidation, using state assets. If discovered the violation, the Agency inspected, tested, audited have the right handle or recommendations with the competent State agencies processed under the provisions of the law.
Chapter III management, USE of STATE ASSETS in the PUBLIC, Article 37. Management, use of State assets in public career unit 1. Based on the conditions set by the Government, ministries, central agencies, provincial people's Committee determined: a) The business units qualified public State property to determine the value assigned to the unit under the management of capital allocation mechanism for business (business units-public financial autonomy);
b) public career units not yet eligible for State property to determine the value assigned to the unit under the management of capital allocation mechanism for business (business units yet public financial autonomy).
2. for the public, financial autonomy, yet the construction, purchase, lease, use, repair, maintenance, transfer, withdrawal, liquidation, sale, destruction, inventory, accounting, reporting, public, inspection, test, audit State assets made under regulations applicable to State agencies in chapter III Management Law the use of State property, and chapter II of this Decree. Private money obtained from the sale of State assets (except for land use) and the liquidation of assets, the unit's public career yet financial autonomy is used to supplement active career development fund.
3. for the public, financial autonomy, the management and use of State property made under the provisions of articles 28, 29, 30 and 31 of the law of management, use of State assets and from 38 to 51 of this Decree.
Article 38. Determine the value of the property to the State for delivery to business units autonomy public financing 1. The entire State assets by business units-public financial management autonomy, are used to determine the value assigned to the management unit, except for the property specified in clause 2 of this Thing.
2. non-performing assets valuation for delivery to the public, the financial autonomy of management include: a) rental unit property, borrow, receive venture capital contribution, the link and the other property is not of the unit;
b) without using the property, stagnant, waiting to liquidate, the unit is responsible for processing according to the current mode. The case to determine the value that the unit not processed then the unit has the responsibility to continue to preserve and report the competent State Agency decided to handle the responsibility of processing organizations;
c) section area, land of the unit has deployed to do housing for public servants eligible to transfer to the local land, to manage under the current provisions of the law.
The case of the House, the land is not eligible for transfer to the Agency, the land of the local units are responsible to make arrangements under current rules. If after performing reorganization, the Unit continued to use then performed to determine the value assigned to the unit.
3. The determination of the value of State assets to assigned business units-public financial autonomy must ensure the following principles: a) for State assets is land use, land-use rights values are determined by the price of the land by the provincial people's Committee rules; case of land prices by the provincial people's Committee of the regulation at the time of the land prices in the value of property units not yet close to the transfer of land use right market practice in normal conditions they must redefine accordingly;
b) for the other State assets, heads of units formed the Council to determine the remaining value of the asset or eligible organizations hire valuation to make determining the value of remaining property;
c) for State assets, the accounting unit has not yet calculated the wear and tear for the time of use, the property was eventually enough but still usable, unit heads formed the Council to determine the remaining value of the asset.
4. Authority delegated to the State property for the business units-public financial management autonomy: a) Ministers, heads of central bodies decide or decentralized authority decisions state assets for business units with financial autonomy in the public range management;
b) people's Committee Chairman granted the asset allocation decisions of State for public business units autonomy in financial management scope.
5. The Ministry of finance to specific instructions defining State property value to assigned business units-public financial autonomy.
Article 39. Organization of delivery of State assets to the public, financial autonomy 1. Within a period of 60 days from the date the competent State agencies prescribed in paragraph 4 to article 38 of this Decree the decision handed State assets to the public, financial autonomy, the Ministry, the central agencies, in coordination with the Ministry of finance organized the delivery of State assets for business units in the central public administration; The provincial people's Committee, organized the delivery of State assets for business units in local public administration.
2. The Heads of business units are assigned State public property is the recipient of the property and is responsible to the State in the conservation, development capital, State assets and other obligations prescribed by law.
3. The delivery, get state assets to the public, must be established thereon. The content of the report include: a) on the delivery of the property;
b) party property;
c) asset allocation, received (type, quantity, value);
d) the responsibility of the party, the receiving party property;
DD) directory of relevant document profile.
4. in the time of autonomous public financing not yet State agency authority decisions on State property, the Unit continued to implement management, use of State assets under the provisions of the law apply to the entire secured order public or part of the cost of normal operations before the Governing Law , used state assets are enforceable.
Article 40. Manager, land use in the autonomous public financing 1. Business units-public financial autonomy by the State determined the value of land use management unit for delivery as defined in point a of paragraph 3 to article 38 of the decree is to use the assets invested on land for production, business and services, link, as specified in articles 42 , 43 and 44 of this Decree.
2. where the financial autonomy to be public land charge that land use land use money already paid by funds not derived from the State budget, the unit is allowed to use the property has investment associated with land and land use rights to value capital contribution.
Article 41. Construction, procurement of assets of the business units-public financial autonomy 1. The investment in building the Headquarters work, active career base, stores the property made under the provisions of article 13 and article 14 of law management, use of State property and section 1 of chapter II of this Decree.
2. The Procurement Office, the cars from its active career development fund and capital resources according to the prescribed regimes is made according to the provisions of article 14 Management Law, the use of State assets and article 5, article 6 of this Decree. The purchase of private properties is not working, the headquarters of cars from its active career development fund and capital resources under regulatory regimes to cater for the business and production career, service of the unit by unit heads decided to match the standard norms, by State bodies have the right to walk the regulations.
Article 42. Management, use of State assets in the public, financial autonomy refers to the purpose of the production, trading and service.
1. The use of State assets into productive purpose, business service must ensure that the requirements specified in article 32 of law management, use of State assets.
2. The authority to decide the use of State assets into productive purpose, business services are defined as follows: a) Ministers, heads of central bodies, the Chairman of the provincial people's Committee decision or decentralized authority for the property is a working Office career activities, facilities, other properties associated with the land; cars; other raw assets price according to the accounting books from 500 million dong (five hundred million) over/01 unit property of business units within public administration;
b) heads to the public, the financial autonomy of decision in respect of the property is not in the range specified in point a of this paragraph.
3. The management, using the proceeds from the use of State assets into productive purpose, business service made in accordance with paragraph 1 Article 33 Management Law, the use of State assets.
43 things. Management, use of State assets in the financial autonomy to public use on purpose for rent 1. Business units-public financial autonomy to be State property rental in the following cases: a use of the property) and yet the capacity;
b) investment properties are built to lease project approval authority to be granted.
2. The rental of the property to ensure that the requirements specified in article 32 of law management, use of State assets.

3. The authority decide to rent the property to the State in the public, financial autonomy is specified as follows: a) Ministers, heads of central bodies, the Chairman of the provincial people's Committee decision or decentralized authority for the property is a working Office career activities, facilities, other properties associated with the land; cars; other raw assets price according to the accounting books from 500 million dong (five hundred million) over/01 unit property of business units within public administration;
b) heads the unit decides for the property is not in the range specified in point a of this paragraph.
4. The method of rental price and State assets are defined as follows: a) with respect to the property is a working Office, active career base, other assets attached to land made by the method of auction; the price is the price the auction hit rental;
b) with respect to the property is not in the range specified in point a of this paragraph follow method; price for rental of the property by the leasing and property rental agreement riders under market rents of properties of the same type or the same specifications, quality, origin.
5. the proceeds from the rental of the property to a private accounting, after deducting reasonable related expenses, pay taxes and perform other financial obligations for the State, are additional active career development fund of the unit. The case of the unit using the assets are invested, mobilized from shopping to rent then used the proceeds from the rental of the property to pay the debt before the supplement active career development fund of the unit.
Article 44. Management, use of State assets in the financial autonomy to public use on purpose, links.
1. Business units autonomy public finance used state assets to the venture, associated with organizations, individuals in and outside the country in the following cases: a) of assets not yet used at full capacity;
b) investment properties are built to serve the venture activity, link project was approved by the authority;
c) using state assets to the venture, linking higher efficiency in the provision of public services by function, the tasks assigned to it.
2. The use of State assets to the venture, the link must make sure the requirements stipulated in article 32 of law management, use of State assets.
3. Ministers, heads of central bodies decide on the use of State assets in the public, financial autonomy in the management scope for joint ventures, link after the unity of the Ministry of finance; Chairman of the provincial people's Committee decision on the use of State assets in the public, financial autonomy in local management scope to venture, links.
4. Determining the value of assets to the joint venture, the link must ensure the following principles: a) is the property of land use, land-use rights value is determined with the actual price on the market at the time, link; do not lower the price of land of the same type by the provincial people's Committee rules;
b) for assets tied to the land, the value of the property to be determined consistent with actual values left as a result of revaluation;
c) for State property not subject to the provisions in point a and point b of this paragraph, the value of the property to be determined consistent with market value of property of the same type or the same specifications, quality, made with the assets to the venture, links.
5. The unit is responsible for hiring organizations are qualified valuation to determine the value of the property venture, linking as a basis for agreement with the parties to the venture, links.
6. State assets that have been authorized State agencies to allow use on purpose, links must be managed, used according to the current provisions of the law.
The accounting and management, using proceeds from the venture activities, links are made according to the provisions in clause 1 Article 33 Management Law, the use of State assets.
Article 45. Depreciation of fixed assets in business units autonomy public financing 1. The entire fixed assets in the unit depreciation according to the regime applicable to State enterprises.
2. Depreciation of fixed assets of the State must be allocated for each active career, manufacturing operations, business services, accounting for rental costs of providing public services, the cost of manufacturing, business services, car rental.
Article 46. Management, using the amount of fixed assets depreciation in business units autonomy public financing 1. The amount of depreciation of fixed assets investment, shops from State budget sources or are derived from the State budget are additional active career development fund of the unit.
2. the amount of the depreciation of fixed assets investment, mobilized from shopping to pay debt; the number of additional rest active career development fund of the unit.
Article 47. Withdrawal, transfer of property to the State in the public, financial autonomy.
1. The recovery, transfer of State assets financial autonomy is made according to the provisions in section 4 and section 5 chapter II to this Decree.
2. The unit has recovered assets, capital reduction recorded transfer due to the State budget; the Unit received the transfer assets recorded an increase of capital by the State budget.
3. The transfer of State property to ensure no harm the product supply, public services of the unit.
Article 48. Sold, liquidated State assets in business units autonomy public financing 1. The sale, liquidate assets is Office, active career base, other properties associated with the land; cars; other raw assets price according to the accounting books from 500 million and over/01 unit property made under the provisions of Section 6 and section 7 of chapter II of this Decree.
2. The sale, liquidate assets do not belong to the scope defined in paragraph 1 of this decision by the unit heads; methods, sequence, procedure, the Organization sell, liquidate assets made under the provisions of Section 6 and section 7 of chapter II of this Decree.
3. The proceeds from the sale, assignment, liquidation of assets, after deducting the related expenses, are management, use the following: a) with respect to the proceeds from the transfer of land use rights unit must submit to the State budget according to the provisions of the law on the State budget and related legislation unless the land was given charge of land use that land use money already paid by funds not derived from the State budget; capital reduction according to the record number of units which have been delivered to the land use. The case the unit used the proceeds from the transfer of land use right to implement investment projects as defined in paragraph 2 to article 57 of this Decree shall record the capital increase State budget allocated by decision of the competent State agencies;
b) with respect to the proceeds from the sale, liquidate other assets, to be used to supplement active career development fund or for the repayment of assets are invested, mobilized from shopping.
Article 49. The State of the property rental business units autonomy public financing 1. The hiring of State assets is done according to the provisions of article 15 of law management, use of State property and section 2 of chapter II of this Decree.
2. State property rental expenses due to the secured unit.
Article 50. Destruction of State property in the autonomous public financing 1. The destruction of State property is made under article 24 of law management, use of State assets.
2. Funding the destruction of State assets by the secured unit.
Article 52. Maintenance, repair, and manage State property records, reports, public, inspection, test, audit State assets in business units autonomy public financing 1. The maintenance, repair, and manage State property records made under the provisions of section 3 of chapter II of this Decree.
2. The report, public, inspection, test, audit State assets made under the provisions of section 8 of chapter II of this Decree.
Chapter IV, HANDLE STATE ASSETS at the AGENCY, organization, unit 1, HANDLING OFFICE Article 52. Principles of the reorganization, the Office handled 1. The Agency, organization, unit made to rearrange the working headquarters, active career base, other assets tied to the land, the land use rights for land based construction work, active career base (hereinafter referred to as the Office) for your purposes are delivered in accordance with the land use plan is approved by the authority, ensuring the correct use of the purpose, saving, effectively and in accordance with the standards and norms by the competent State Agency regulations.
2. The Heads of agencies, organizations, units assigned to manage, use the Office must make declarations, reports the State property to reorder, processed according to the rules.
3. The reorganization, the Office handling due to the Agency, organization, Unit Manager, use was made after reports the overall approach, handling Office, except in the special circumstances prescribed by the Prime Minister.
4. After the completion of the reorganization, handling Office, agency, organization, unit must report the declaration prescribed in this Decree and relevant laws.
5. The reorganization of Headquarters processing, working at the Agency, organization, unit must be completed before 31 December 2010.
Article 53. Set up and rearrange projects reports, process based work 1. The Central Agency, plans rearranged, treats for the Office by the Agency, organization, units of local management scope once the central cities, sending the Finance Ministry, after the opinion of the provincial people's Committee (Headquarters).
2. The Department, provincial departments, district-level people's committees plans rearranged, handle based work by the Agency, organization, unit in range management, sent the Department of finance evaluation report to the provincial people's Committee.
3. rearrange the approach, handle was created for all the working headquarters of each type: Agency, organization, unit.

Article 54. Rearrange the order of processing, Office 1. Agencies, organizations, units assigned to manage, use the Headquarters work performed: a) reporting the full declaration, the right situation, the right to use the prescribed form;
b) propose treat each Office on the basis of these principles, the method prescribed in article 52 and article 55 of this Decree, the Ministry reports, the central authorities (for the agencies, organizations, units under central management); the report, the provincial departments (for agencies, organizations, provincial management units); report of the people's Committee at district level (for agencies, organizations, units of the district level management).
2. Ministries, central agencies; Department of provincial departments; District-level people's committees implement: a) General, examine, consider and rearrange plans, handle the Headquarters work of agencies, organizations, units of the management scope;
b) Send Options, handling Office and relevant records retrieved the opinion of the Committee of the provincial people's (for agencies, organizations, units under central management) or the Department of Finance (for agencies, organizations, local management units);
c) rearrange projects complete, handle the headquarters to work on the basis of the opinion joined by the agencies specified in point b of this paragraph, with the relevant records sent the Ministry of Finance (for agencies, organizations, units under central management); send the provincial people's Committee (for the agencies, organizations, local management units).
3. rearrange the variant base, handling Office and related records, the Prime Minister, the Minister of finance, the central agency heads, the President of the provincial people's Committee decided to handle for each specific case by the authority.
4. The Party Central Office, in collaboration with the Ministry of finance, made the instruction reordering, handle the home base, incorporates land management under the provisions of the law.
Article 55. The method of handling the Office 1. For Office when the State revoked for use on defense purposes, security, national interests, public interests and economic development under the provisions of the law of the land, the compensation, resettlement and assistance made under the provisions of the law of the land.
2. For the Office is currently vacant, then make a withdrawal.
3. for the working headquarters are currently in use on the purpose of the production, sales, service, leasing, venture, incorrect links, to terminate this activity to properly use the assigned purpose; the case Agency, organization, unit does not terminate, then make a withdrawal.
The Management Office is revoked under the provisions made in article 15 of this Decree.
4. for an area of the House, the land was arranged to do housing for public servants eligible to transfer to the local land, to manage under the current provisions of the law shall make the transfer.
The case of the House, the land is not eligible for transfer to the Agency, the land of local agencies, organizations, units responsible for relocating households, individuals out of the campus, home base for the correct purpose of use 5. With respect to the Office of origin is the property of the State, the property was established ownership of the State bodies, organizations, units are to sign a lease with the company trading house of the local people's Committee Chairman granted the province decided to transfer the management rights , used to the Agency, organization, unit to manage, use.
6. With regard to the Headquarters work redundant or organs, institutions, units assigned to manage, use no longer needs to use, then return to the State or to transfer, sell, under the provisions of this Decree.
7. With regard to the Office using the right purpose, provisions, in accordance with the land use plan shall continue to use as planned.
Article 56. Jurisdiction, rearrange the procedure, handling Office jurisdiction, procedures, handling of Office prescribed by the Prime Minister.
Article 57. Manager, used proceeds from the reorganization, the Office handled 1. The money obtained from reorganizing, handling Office, after deducting related expenses must submit the State budget according to the provisions of the law on the State budget.
2. where the Agency, organization, unit project construction, upgrading, renovating the Headquarters work to be approved by the authorized then used the proceeds in paragraph 1 of this article to implement investment projects in accordance with the law.
Section 2 REORDERED, HANDLING of STATE ASSETS is NOT the HEADQUARTERS Made 58. Rearrange, handle state assets is not the Office 1. The heads of agencies, organizations, units assigned to manage, use State assets responsibly: a) reporting the full declaration, the right situation, the right to use the prescribed form.
b) proposed process for each State assets sent the agency superior to General, The reports, the central authorities (for the agencies, organizations, units under central management); the people's Committee report granting the province (for agencies, organizations, local management units).
2. Ministers, heads of central bodies; Chairman of the provincial people's Committee has the responsibility: a) the current state of base management, use of State assets of the Agency, organization, unit in range management and standards and norms, modes of management, use of State property, to transfer State assets among agencies organizations, units of the management scope to ensure the management and use of the property's true purpose, saving, effectively and in accordance with the standards and norms used state assets;
b) for State assets redundant or no longer needs to use after processing as defined in point a of this paragraph, the competent authority decides to revoke the order to process according to the rules in section 4 of chapter II of this Decree.
3. The arrangement again, handle state assets is not working at the Agency headquarters, organization, unit must be completed before 31 December 2010.
Category 3 REARRANGE the GUEST HOUSE of STATE AGENCIES, POLITICAL ORGANIZATIONS, SOCIAL-political ORGANIZATIONS Article 59. The organization model of the 1. The Guest House of State agencies, political organizations, social-political organizations, once the arrangements are operating under one of the following organizations: model a) business units-public financial autonomy;
b) business.
2. specific organization model after arrangement is specified as follows: a) the Party Central Office, Office, government offices, the Central Agency of social-political organization decided to model the Organization of the management domain as defined in paragraph 1 of this article;
b) ministries, central agencies, provincial people's Committee made to rearrange the management domain. After the reorganization, each Ministry, the central agencies, the central cities, only the most active guests home 01 under the model of autonomous public finance; of the rest, according to the business model.
Article 60. Model of the Organization 1. Ministers, heads of central bodies, the Chairman of the provincial people's Committee and the bodies specified in point a of paragraph 2 Article 59 of this decree made the sort of guest houses in the scope of management according to the provisions of article 59 of this Decree.
2. The conversion of the organization model is completed before 31 December 2010.
Article 61. The procedure of organization model of the 1. The entire State property assigned to the Guest House subject to convert organization are inventory, valuation for delivery to unit financial autonomy public or business administration, except for the following assets: a) the property rental unit, borrowing and other properties not of the unit;
b) without using the property, stagnant, waiting to liquidate, the unit is responsible for processing according to the current mode. The case to determine the value that the unit not processed then the unit has the responsibility to continue to preserve and report the competent State Agency decided to handle the responsibility of processing organizations;
c) section area, land of the unit has deployed to do housing for officers, employees eligible to transfer to the local land, to manage under the current provisions of the law.
The case of the House, the land is not eligible for transfer to the Agency, the land of the local units are responsible to make arrangements under current rules. If after performing reorganization, the Unit continued to use then performed to determine the value assigned to the unit.
2. Determining the value of State assets and authority the decision handed State assets for business units with financial autonomy public or business administration to comply with the provisions of chapter III of this Decree and business legislation.
3. The unit was given the management plans are responsible for the conversion of the organization model, the Ministers, heads of central bodies, the Chairman of the provincial people's Committee decision. The content of the conversion projects include: a) Organization of the Guest House after conversion;
b) type, quantity, value of assets allocated to business units with financial autonomy public or business administration;
c) debts receivable, payable;
d) value of the State stake in business units with financial autonomy public or business;
DD) sort, layout of existing labour of the Guest House.
4. The value of the State stake in business units with financial autonomy public or business after the transition is the total value of the remaining assets, receivables of the House minus the liabilities and fund balance (if any) prescribed by the law.
5. The Guest House operates under the model of autonomous public financing has the right and obligation in the management, use the assigned property according to the rules applicable to the financial autonomy in public management Law, the use of State property and chapter III of this Decree.

The Guest House operates under the business model has the rights and obligations of the management, the use of the asset according to the provisions of the law on business.
Section 4 PROVISIONS on the USE of the STATE PROPERTY Agency, the ORGANIZATION HAS NOT USED at FULL CAPACITY Article 62. State property was for the Agency, organization, other units general use 1. State assets in State agencies, political organizations, social-political organizations have not used at full capacity was for agencies, organizations, other divisions of general use are: a) Conference Hall, meeting room;
b) automobiles, ships, boats and other means of transportation.
2. The Heads of agencies, the organization assigned management, using the property specified in clause 1 of this decision to the Agency, organization, another common use of the property.
Article 63. The object to be used state assets Agency, organization, unit is used state assets stipulated in article 62 of this Decree are: 1. State organs, the people's armed units;
2. The unit's public career;
3. Political Organization, social-political organizations, social-political organizations, social organizations, civil society organizations-career.
Article 64. The cost of general use State assets 1. The Agency, organization, unit when used collectively State assets stipulated in clause 1 Article 62 of this decree must pay to the Agency, there is a property organization funding to offset the costs of electricity, water, petrol, servicing workers and other related charges but do not include depreciation of fixed assets.
2. The money paid for the cost of electricity, water, petrol, servicing workers and other related expenses from the funds allocated by the State to the Agency, organization, unit is used the assets of the Agency, other organization.
3. The Agency had held the property to a private accounting revenues and expenses related to the for general use State assets under the provisions of the Ministry of finance.
Chapter V PROVISIONS Enacted 65. Effect 1. The Decree has effect as from 20 July 2009.
2. Annuls decision No 202/2006/QD-TTg dated 31 August 2006 Prime Minister's Government about issuing regulations state assets in business units.
3. Annuls the regulation on management and use of State property at the Agency, organization, unit of the legal text: a) The rules of management, use of State assets in the administrative area career in clause 1 article 2 and article 8 , 9, 10, 11, 12, 13, 14, 15, 16 of Decree No. 14/1998/ND-CP dated 10 March 1998 of the Government on the management of State assets;
b) regulations on management and use of State property in point c of paragraph 3 article 5 and article 12 of Decree 44/2006/ND-CP dated 25 April 2006, the Government's autonomy, self responsible for performing the tasks, organization, staffing and financing for public business units;
c) regulations on decentralized governance for State assets in State agencies, the public, in paragraph 1 of article 3, paragraph 1 and paragraph 2 article 4, point b paragraph 3 article 6 and article 7, 8, 9, 10, 11, 12, 13, 14, 15 Decree No. 137/2006/ND-CP on November 14, 2006 of the Government regulating the management hierarchy State for State properties in administrative agencies, the public, property is set to State ownership.
4. Ministers, heads of central bodies, the provincial people's Council is responsible for issuing regulations on the decentralization of State property management in the scope of management according to the provisions of the law on management and use of State property and this Decree to apply at the latest from 1 January 2010. In the time of Ministers, heads of central bodies, the provincial people's Council has not issued new regulations on decentralized management of State assets, the Authority decided to invest in the construction, purchase, lease, repair, maintenance, transfer, withdrawal, liquidation, sale, destruction, venture, links, State property rental made under the current rules.
5. The ministries, central agencies, provincial people's Committee is responsible for reviewing the legal text by themselves issued contrary to the provisions of the law on management and use of State property, this Decree to abolish, modify and supplemented accordingly.
Article 66. Guiding the implementation of the Prime Minister, the Ministry of Finance within the scope of the tasks, powers are delegated responsibility regulation details, guide the implementation of this Decree.
 


TM. The GOVERNMENT of PRIME MINISTER (signed) Nguyen Tan Dung