LAW on management, use of State assets _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was revised, some additional articles by resolution No. 51/2001/QH10;
Congress enacted the law on management and use of State property.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This law regulates the management mode, use State assets in State organs, the people's armed units, business units, political organization, social-political organizations, social-political organizations, social organizations, social-professional organization (hereinafter referred to as the Agency , organization, unit), including Office and other properties associated with the land; land use rights for land used to build the Headquarters work, the basis of the Agency's career activities, organization, unit; machinery, transport vehicles, equipment and other assets stipulated by law.
2. The management and use of State property not specified in clause 1 of this article is made according to the provisions of the relevant laws.
Article 2. Principles of management, use of State assets 1. All State assets are allocated to State agencies, organizations, management units, use.
2. State administration of State property are made uniform, has assigned a clear hierarchy, authority, responsibilities of each agency in the State and responsible for coordination between State agencies.
3. State assets must be invested, and the correct use of the purpose, standards and norms, modes, ensure the fairness, efficiency, savings.
4. State property must be a full accounting about the artifacts and the value specified by the law. Determining the value of assets in relation to buy, sell, rent, lease, venture link assets liquidation, or in other transactions are made according to the market mechanism, unless otherwise specified by law.
5. State assets are maintenance, repair, protection according to the prescribed regimes.
6. The management and use of State property was made public, transparent; all violations of management mode, use State assets should be handled promptly, the strict provisions of the law.
Article 3. Management policy, use of State assets of State investment policy development, exploitation and protection of State property; make the modernization of State management and enhance the efficiency, effectiveness, use of State assets.
Article 4. Rights, obligations of agencies, organizations, units assigned to manage, use State assets 1. The Agency, organization, unit assigned management, use of State assets have the following rights: a) using state assets to serve functional activity, tasks;
b) deciding procedural safeguards exploitation and efficient use of State assets was delivered;
c) Are the State protects the legitimate rights and interests;
d) claims, claims under the provisions of the law.
2. The Agency, organization, unit is of State affairs management, use of State assets have the following obligations: a) use of State property for your purposes, standards and norms, modes and ensuring effective, save;
b) performs maintenance, repair, protect State assets according to the prescribed regimes;
c) set up and manage State property records; accounting, asset records; management situation report, using state assets are allocated according to the provisions of this law and the law on accounting, statistics.
Article 5. Rights, the obligation of Heads of agencies, organizations, units assigned to manage, use State assets 1. The head of the Agency, organization, unit assigned management, use of State assets have the following rights: a) direction implementation Manager, use State assets at the Agency, organization, unit;
b) processed under the authority or the Authority handled violated the law on management and use of State property.
2. The head of the Agency, organization, unit assigned management, use of State assets have the following obligations: a) enactment and implementation regulations, the use of State assets under management within the authority;
b) Executive the provisions of this law and the provisions of the relevant laws, ensuring the use of State property for your purposes, standards and norms, modes and effects, save;
c) responsible to the law on the management and use of State assets in the scope of management.
Article 6. The prohibited acts 1. Advantage, abuse of Office, powers seized State property in any form.
2. Knowingly broke the rules of the State of management, use of State assets.
3. Use State assets not true purpose, standards and norms, modes; use the State property to waste or not using assigned assets cause waste; use the State property to illegal business.
4. Destroy or deliberately damaging State assets; seizure, unauthorized use of State assets.
5. Lack of responsible management to happen in violation of the law on management, use of State assets.
6. Do not perform or inadequate implementation of obligations for the State in the management and use of State property.
Chapter II the RESPONSIBILITY for the GOVERNANCE of STATE PROPERTY article 7. The responsibility of the Government, the Prime Minister 1. The unified government administration of State assets and has the following responsibilities: a) issued under the authority or the State Agency has the authority to enact and implement the legal text on management, use of State assets;
b) decentralized construction, shops, rental, repair, maintenance, transfer, withdrawal, liquidation, sale, joint venture, Association, for rent, destruction of State property;
c) annually report to Congress on the State of management, use of State assets.
2. The Prime Standard regulations and norms used Office, cars and other properties worth the large, popular equipment at the Agency, organization, unit.
Article 8. The responsibility of the Ministry of finance, Ministry of Finance of the Government is responsible to perform state management of State assets and has the following responsibilities: 1. Issued under the authority or the competent State agencies issued legal documents on management, use of State assets;
2. Regulation management mode, use the working headquarters, cars and other properties at the Agency, organization, unit, except property specified in clause 1 article 9 of this law;
3. The provisions of standards and norms of use of State property, except property specified in clause 2 article 7 and paragraph 1 of article 9 of this Law;
4. Organize implementation of the management, the use of State assets;
5. Coordinate with ministries, ministerial agencies, other agencies in the Central Government in issuing standards, norms, management mode, use the specialized properties;
6. Decides to transfer State assets between ministries, ministerial agencies, other agencies in the Central Government, provinces, and cities under central Government (hereinafter referred to as the provincial level); shopping, withdrawal, liquidation, sale of State assets under the Government's hierarchy;
7. The annual Government report on the State of management, use of State assets within the country;
8. test, inspection, complaints, accusations and handle breach of the law on management, use of State assets under the authority.
Article 9. The responsibility of ministries, ministerial agencies, other agencies in the central ministries, ministerial agencies, other agencies in the Central Government implement state management of State assets in the scope of management and has the following responsibilities: 1. Coordinated with the Ministry of finance in issuing standards norms, management mode, use the specialized properties in agencies, organizations, units of the management scope;
2. The decision to invest in the construction, purchase, lease, repair, maintenance, transfer, withdrawal, liquidation, sale, joint venture, Association, for rent, destruction of State property management under the domain of the Government hierarchy;
3. The annual report of the Ministry of Finance of the situation management, use of State assets in the scope of management;
4. test, inspection, complaints, accusations and handle breach of the law on management, use of State assets in the scope of management.
Article 10. The responsibility of the provincial people's Council pursuant to the provisions of this law, decentralization of Government, the provincial people's Council has the following responsibilities: 1. Decisions undertakings, management measures, use of State assets at the Agency, organization, unit in the scope of local management;
2. the decentralization of investment decisions to build, purchase, lease, repair, maintenance, transfer, withdrawal, liquidation, sale, joint venture, Association, for rent, destruction of property in the State bodies, organizations, units of the range of local management;
3. Monitoring of the enforcement of the law on management, use of State assets.
Article 11. The responsibility of the provincial people's Committee pursuant to the provisions of this law, decentralization of Government, decentralization of the provincial people's Council, the people's Committee of the following responsibilities: 1. develop and implement management plans, use of State assets in the scope of local management.
2. The decision to invest in the construction, purchase, lease, repair, maintenance, transfer, withdrawal, liquidation, sale, joint venture, Association, for rent, destruction of property in the State bodies, organizations, units of the range of local management.
3. The annual report of the people's Council and people's Committee at the same level supervisor; The provincial people's Committee of Ministry of finance report on the State of management, use of State assets in the scope of local management;
4. Establish and manage records of State assets in the scope of local management;
5. test, inspection, complaints, accusations and handle breach of the law on management, use of State assets in the scope of local management.
Chapter III management, USE of STATE ASSETS in STATE ORGANS, the PEOPLE'S ARMED UNITS article 12. Sources of formation of State assets in State bodies 1. The State of affairs of the property in kind, rights to use the land.
2. State budget allocation for construction, procurement of assets.
Article 13. Construction Office

1. State construction Office to serve the activities of State bodies by the following method: a) delivered to the organization which functions make the investment to build the headquarters working;
b) Delivered the budget to direct agencies to use Office building investment.
2. the competent authorities decide to invest in the construction Office decided the investment method prescribed in clause 1 of this article.
3. The construction Office must ensure the following requirements: a) consistent with the master plan has been the competent State agencies;
b) match the functions, missions, organization of the Agency has been the competent State agency approval and standards and norms used the headquarters working;
c) implementation of the provisions of the law on investment, construction.
4. The Authority decided to build the Headquarters work made under the provisions of the law on investment, building legislation and the provisions of relevant laws.
Article 14. Stores the State property 1. Purchase State assets should match the standards and norms, modes of management, use of State assets.
2. The expense stores state assets due to State budget guarantee under the provisions of the law on the State budget.
3. The purchase of State assets was made public, in order, by the law on the procedure of bidding and relevant legal regulations.
4. Authority stores state assets are defined as follows: a) Ministers, heads of ministerial agencies, heads of other central bodies decide or decentralized procurement authority State assets in State bodies in the scope of management;
b) provincial councils decentralized authority stores state assets in State bodies in the scope of local management.
Article 15. Office rental, other properties serving the activity of State bodies 1. State agencies are hired based work, other properties to active service in the following cases: a) when no Office or not yet allocated budget construction, shops;
b) hiring Office, other assets more effectively the investment building, shopping.
2. The number, type Office, other properties are hired must conform to the standards and norms, modes; the rental price is determined by market mechanisms.
3. the State guaranteed funding to hire Office, other properties serving the activities of State bodies in accordance with the law on the State budget.
4. The Authority decided to rent office, other properties are defined as follows: a) Ministers, heads of ministerial agencies, heads of other central bodies decide or decentralized authority to decide hiring Office, other properties serving the activities of State bodies in the scope of management;
b) provincial councils authority hierarchy decided to rent office, other properties serving the activities of State bodies in the scope of local management.
Article 16. Use the State property to 1. State assets in State agencies to be used for your purposes, functions, standards and norms, modes and ensuring efficiency, savings.
2. State bodies are not used state assets to personal use, rent or perform other business activities.
Article 17. Maintenance and repair of State assets 1. State assets in State bodies must be checked, maintenance, repairs in the correct mode, standards, technical-economic norms.
2. Cost of maintenance and repair of State assets due to State budget guarantee under the provisions of the law on the State budget.
Article 18. Managing State property records 1. State Agency assigned management, use of State assets are created, managed, stored records state assets under the provisions of the law on accounting, statistics and the other provisions of the relevant laws.
2. The Agency unified financial management, filing of State assets in the scope of management according to the provisions of the law.
Article 19. State property accounting state assets must be timely, full accounting of both artifacts and a value under the provisions of the law on accounting, statistics.
Article 20. Recovery of State assets 1. Recovery of State assets is the competent State authorities decided to return State assets were allocated to State agencies manage, use.
2. State property is recovered in the following cases: a) are not used;
b) misuse the purpose, beyond the standards and norms, modes;
c) other circumstances as stipulated by law.
3. State property being recovered is transferred according to the provisions of article 21 of this law or be sold under the provisions of article 23 of this law.
4. The Authority decided to recover State assets in State bodies are made according to the hierarchy of the Government.
Article 21. Transfer of property to the State 1. Transfer of State property is the State Agency has the authority to decide what to transfer State assets among State agencies, the people's armed units, business units, political organization, social-political organizations, except in special cases by the Prime Minister to decide.
2. State property is transferred in the following cases: a) From where to admit where missing;
b) to bring higher efficiency;
c) other circumstances as stipulated by law.
3. The Authority decided to transfer State assets in State bodies are made according to the hierarchy of the Government.
Article 22. Liquidated State assets 1. State assets are liquidated in the following cases: a) expiration property use;
b) damaged property can not be used or repairs are not effective;
c) Office or other properties associated with land dismantlement by decision of the competent State authorities and other cases prescribed by law.
2. The Authority decided to liquidate State assets are defined as follows: a) Ministers, heads of ministerial agencies, heads of other central bodies decide or decentralized authority decided to liquidate the State-assets management domain;
b) provincial councils authority hierarchy decided to liquidate the assets of State agencies in the scope of local management.
3. The liquidation in the form of the sale of State assets was made public, according to the market mechanism.
4. Proceeds from the liquidation of State assets, after deducting the reasonable costs related to the liquidation of assets be managed, used in accordance with the law.
Article 23. Selling state assets 1. State property sale is the transfer of ownership of State assets for individuals, organizations to receive funds respectively.
2. State property is sold in the following cases: a) no longer needs to use or the use is not effective, unless the property is not sold under the provisions of the law;
b) other circumstances as stipulated by law.
3. The sale of State assets was made public, according to the market mechanism.
The sale of State assets is Office or other properties associated with the land is made under the provisions of this law and the provisions of relevant laws.
4. The Authority decided to sell State assets in State bodies are made according to the hierarchy of the Government.
5. the proceeds from the sale of State assets, after deducting the reasonable costs related to the sale of the property be managed, used in accordance with the law.
Article 24. Destruction of State property 1. Destruction of State property is the competent State authorities decided to abolish the existence of State assets.
2. State property being destroyed under the provisions of the law on the protection of the environment and the other rules of law.
3. The Authority decided the destruction of State property is specified as follows: a) Ministers, heads of ministerial agencies, heads of other central bodies decide or decentralized authority decided to destroy the property of State agencies in the scope of management;
b) provincial councils authority hierarchy decided to destroy the property of State agencies in the scope of local management;
c) others under the provisions of the law;
4. Funding the destruction of State property by the State budget guarantees.
Article 25. Inventory, asset reports state the assigned State agencies managing state property, use perform the inventory, report number, value, management, use of State assets in the scope of management according to the provisions of the law.
Article 26. Publicly, the Administration used state assets 1. The State administration of State property must publicly implementation management mode, use State assets.
2. State authorities are delegated to manage, using state assets to the public procurement, construction, use of State assets in the scope of management.
The Government specifies the contents, publicity in the management, use of State assets.
Article 27. Management, using the property of the State of Vietnam's State agencies in foreign countries.
The management and use of State property of Vietnam's State agencies in foreign countries are made under the provisions of this law, in accordance with the statutes and laws of the foreign country.
The Government specifies the management and use of State property of Vietnam's State agencies in foreign countries.
Article 28. Management and use of State property in the people's armed units to base the principles stipulated in this law, the Government specifies the management and use of State property in the people's armed units.
Chapter IV-MANAGEMENT, USE of STATE ASSETS in the PUBLIC, FINANCIAL and AUTONOMOUS BUSINESS UNITS AUTONOMY YET PUBLIC finance article 29. Sources of formation of State assets in public career unit 1. The State of affairs of the property in kind, rights to use the land.
2. State budget allocation for construction, procurement of assets.

3. The assets are invested, shopping with the money derived from the State budget.
Article 30. Management, use of State assets in the public, financial autonomy 1. Business units-public financial autonomy is eligible under the rules of the Government of the State property to determine the value assigned to the unit under the management of capital allocation mechanism for the business.
2. The authority to decide the allocation of State property are specified as follows: a) Ministers, heads of ministerial agencies, heads of other central bodies decide or decentralized authority handed State assets to the public, financial autonomy in managing scope;
b) people's Committee Chairman granted the property delivered the State for the public, financial autonomy in local management scope.
Article 31. Rights, obligations of public business units autonomy in financial management, use of State property business units-public financial autonomy has the rights, the obligations of agencies, organizations, units assigned to manage the use of State property, the provisions of article 4 and article 5 of this law and the rights , the following obligations: 1. To use State assets into productive purpose, business services, leasing, joint ventures, associated according to the provisions of article 32 and article 33 of this law;
2. Conservation, development of capital and State assets are assigned management, use;
3. Make financial obligations with the State under the provisions of the law.
Article 32. Management, use of State assets used in production purposes, business services, leasing, joint ventures, associated in the public financial management autonomy, using state assets used in production purposes, business services, leasing, joint ventures, affiliate must ensure that the following requirements : 1. Without prejudice to the functions and tasks assigned;
2. Use the right property investment purpose built, stores;
3. Promote the capacity and effective use of State assets;
4. Follow market mechanisms and in compliance with the provisions of the relevant laws.
Article 33. Manager, used proceeds from manufacturing operations, business services, business ventures, link, the State of the property rental business units autonomy public financing 1. Proceeds from production activities, business, services, business ventures, the link must be a full accounting according to the provisions of the law on accounting, statistics and management, used by the financial mechanism applicable to business.
2. Proceeds from rental of property, private accounting unit shall, after deducting reasonable related expenses, pay taxes and perform other financial obligations for the State, which was used to develop the career activity.
Article 34. Management, use of State assets in business units yet public financial management autonomy, using state assets in business units yet public financial autonomy is made according to the rules of management, use of State assets in State organs as defined in chapter III of this law.
Chapter V management, USE of STATE PROPERTY in the POLITICAL ORGANIZATION, SOCIAL-political ORGANIZATIONS, SOCIAL-POLITICAL ORGANIZATIONS, SOCIAL ORGANIZATIONS, CIVIL SOCIETY ORGANIZATIONS-CAREER Article 35. Management and use of State property in the political organization, social-political organizations 1. The State of affairs of the property in kind, land use rights, delivered the budget to political organizations, social-political organization construction, stores the assets match the functions, mandates, standards, and norms, modes of management, use of State assets.
2. The property was delivered to the State political organizations, social-political organizations manage, use or State affairs budget to invest in the construction, shops owned by the State; the management, using this property is done according to the rules of management, use of State assets in State organs as defined in chapter III of this law.
Article 36. Management and use of State property in the political organization of society-career 1. The property is a working Office or other properties associated with that State land allocated for social political organizations-career management, use of owned by the State; the management, using this property is done according to the rules of management, use of State assets in State organs as defined in chapter III of this law. Social and political organization-the assigned occupation management, use of State assets have a responsibility to protect State assets under the provisions of the law and perform the maintenance and repair of the property by the Organization's funding.
2. The property is not in the case prescribed in clause 1 of this article that the State of affairs for social and political organization-career management, use of owned by the Organization; the management and use of the property is made under the provisions of civil legislation, relevant laws and regulations of the organization.
Article 37. Management and use of State property in social organization, social organization-professions 1. Social organizations, social organizations-secured yourself commercialization funding the vocational building, shops, State assets are not allocated your assets or budget support investment, shopping the property to social organizations, social organizations-career.
2. The property is based work or other assets attached to land that the State has given to social organizations, social organizations-career management, use of owned by the State; the management, using this property is done according to the rules of management, use of State assets in State organs as defined in chapter III of this law. Social organizations, social organizations-assigned career management, use of State assets have a responsibility to protect State assets are allocated according to the provisions of the law and perform the maintenance and repair of the property by the Organization's funding.
3. The property is not in the case prescribed in clause 2 of this that the State has given to social organizations, social organizations-career management, use of owned by the Organization; the management and use of the property is made under the provisions of civil legislation, relevant laws and regulations of the organization.
Chapter VI Article 38 ENFORCEMENT TERMS. Government enforcement instructions to perform the following tasks to ensure the enforcement of this law: 1. rearrange the organization management, use of State assets under the assigned purpose, guarantee to State property not used or used improper purpose, beyond standard norms, regulatory regime must be recovered before 31 December 2010;
2. Specifies the move of State agencies, political organizations, social-political organizations to operate under the mechanism of public business units or enterprises;
3. Specifies the use of the Hall, the transportation of State agencies, political organizations, social-political organizations have not used at full capacity to the Agency, organization, unit used for your purposes and collect a deposit of funds to offset the costs.
Article 39. Effect of this Law has effect from January 1, 2009.
This law was the National Assembly of the Socialist Republic of Vietnam XII, third session through March 6, 2008./.