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Decision 1150/tc-Qlcs: Decision Issued The "regulation On The Handling Of Assets Without Using And No Longer Be Used In The Administrative Career

Original Language Title: Quyết định 1163/TC-QLCS: Quyết định ban hành "Quy chế xử lý tài sản không cần dùng và không còn sử dụng được trong các cơ quan hành chính sự nghiệp

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The DECISION issued the "regulation on the handling of assets without using and no longer usable in the administrative career" _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of FINANCE pursuant to the law on State budget to Congress, the Socialist Republic of Vietnam tags IX session 9 through 20/3/1996;
Pursuant to Decree No. 15/CP dated 03/03/1993 of the Government on rights and responsibilities task state management of ministries, ministerial agencies;
Pursuant to Decree No. 175/CP dated 25/10/1994 of the Government of the mission and powers of the financial organization;
To avoid losses and sloppy handling of State assets when not needed and no longer usable in the administrative career; strengthen the management of public assets for the State, the decision article 1.-attached to this decision "asset disposal regulations do not need to use and no longer be used in the administrative career".
Article 2.-this Regulation applies to all State assets allocated to the State Agency, the business units, defense, security, political organization, social-political organizations, social organizations, social-professional organization (collectively referred to as administrative career) when not needed and no longer usable.
Article 3.-this decision is applied uniformly throughout the country and the effective from date of signing.
The Secretary of the Ministry, ministerial heads, government agencies, the Chairman of the provincial people's Committee, the central cities, the administrative career; the units of the financial system, is responsible for implementation of this decision.
Director of Department of public administration and Director of the Department of finance-the province, central cities have the responsibility to help the Minister of finance, President of the people's committees of provinces and cities held the test instructions comply with the provisions of this decision.
Minister Nguyen Sinh Hung (signed) property disposal RULES do not need to use and no longer be used in the administrative career (attached to decision No. 1163 TC/QLCS on December 21, 1996 of the Minister of Finance) chapter I GENERAL PROVISIONS article 1.-the property without using the and properties are no longer used in this Regulation shall be construed as the following: 1. without using the property are the properties of new or used but also excess surplus compared to requirements, tasks which agencies are units directly managed, using no need, no need to use.
2. The property is no longer used is the property to use old or have too much damage can not restore or recovery costs too large should no longer be used to serve the request, the task of the Agency's work units.
Article 2.-the property without using the and properties are no longer used are defined in article 1 of this Regulation include the fixed assets is, in land based work, vehicles, equipment, work needs to be formed by the State budget or funds derived from the State budget and the State-owned assets , was delivered to the State management bodies, business units, defense, security, political organization, social-political organizations, social organizations, social-professional organization, diplomatic of the Socialist Republic of Vietnam (referred to as administrative career) managed to use.
Article 3.-in the process manager, use the property was home to nưcớ delivered when these assets are not needed and are no longer of use specified in article 2 of this regulation, the heads of the HCSN reporting agencies submit to the superior administration directly allocate funding for the unit to sum up reports of financial institutions Council upon report template attach to this regulation.
Financial institutions have a responsibility to answer in writing on the proposal of the opinion or decision to handle in accordance with the authority provided for in this regulation.
Article 4.-processing of the property without using the and properties are no longer usable, is done in the following forms:-article moved to HCSN units, agencies need to use (internal priority: local ministries) for the property without using;
-Sale of currency lodging money in the State budget;
-For the liquidation of assets cannot be transferred, sold for subdivisions and other economic organizations.
 
Chapter II TRANSFER of PROPERTY article 5.-for the property without using the home, land in the Headquarters work of the organs of the Central HCSN need to convert to HCSN units due to management or local HCSN agencies outside the industry and hosted outside of HCSN, an account of The branches, political organization, social-political organizations, social organizations, civil society organizations-the Central profession have moved assets reporting to the Ministry of finance to the Ministry of finance to consider the Prime Minister's decision.
With respect to the property is the cars, boats, travel media, machinery equipment and serve the needs of the Central HCSN agency when this asset transfer thing needs for the local HCSN agency or the Agency HCSN in addition to the industry and to other organizations outside of languors HCSN Zhang, the ministries, the political organization, social-political organizations, social organizations-Central career reporting to the Minister of finance review and decision.
Article 6.-the President of the people's committees of provinces and cities under central review decided to transfer the property is land, houses, cars, boats without using, do not use of local HCSN agencies directly managed on the basis of the proposal of the Director of the Department of finance – pricing.
Director of finance-pricing decisions to transfer other property in addition to the provisions mentioned above.
Article 7.-the heads of the ministries, political organization, social-political organizations, social organizations, social-professional organization decided the transfer of property is the land, automotive vehicles, machinery and equipment, the n page means work between the Agency, the HCSN unit within the Ministry of internal his agency, industry, to manage, to use in the correct mode, standards and norms used state assets are State bodies have the authority to rule after the text agreed upon by the Finance Ministry.
Article 8.-after having decided what moved the sidebar allowed delivery of the property is responsible for coordinating the relevant agencies jointly made the decision to transfer the property in accordance with the instructions of circular 43/TC QLCS on 31/7/1996 of the Ministry of Finance of receiving instructions and hand over the property between the HCSN bodies the economic organization, as determined by the competent authority.
Chapter III SELL and LIQUIDATE ASSETS article 9.-The property type is the cars, boats, other vehicles, machinery and equipment and serve the needs of the HCSN Agency, ugly House cannot be used or transformed to be timely must be sold or liquidated amount filed the recovery State budget.
Article 10.-the order and the Authority decided to sell and liquidate assets: 1. The Heads of the units HCSN property sale or liquidation report submitted to superior agency directly allocate funding for the unit to send financial Agency Council.
2. Financial institutions pursuant to the report of the Agency HCSN property sale or liquidation organization please check the amount, the value of the assets according to the original value and remaining to decide the liquidation or sale according to the following principles:-for the property does not need to use or not use as stipulated in article 9 of this regulation at the Agency HCSN under central management only allowed to liquidate or sell and record steady asset, the value of the property when the opinion approved by the Ministry of finance.

-For the property does not need to use or not use as stipulated in article 9 of this regulation in the bodies of local management in HCSN are only allowed to liquidate or sell and record steady asset, the value of the property when it has decided to sell or liquidate of the Chairman , central cities.
Article 11.-the Organization liquidate or sell assets: 1. financial agency responsible for coordinated with Agency HCSN has the property to be sold or liquidated organizations make or guide the unit is authorized to make the sale, liquidate assets as determined or approved text as follows : a) the Ministry of finance coordinated with Central HCSN units or authorization for the Central HCSN units sell liquidate assets without using the and properties are no longer usable by the central management.
b) Department of finance-coordinated with the local HCSN unit sale or liquidation of property without using the and properties are no longer usable due to local management.
2. The liquidation or sale of State assets is done as follows: a) established the Council of the liquidation or sale of State assets.
b) sale or liquidation Board State assets based on the raw price, the value of remaining property according to bookkeeping to record steady asset and property values and based on the market value of the assets of the same kind with assets sold to determine the sale price and select the form for sale property for sale according to the prescribed regimes.
Article 12.-after the completion of the sale of the asset liquidation, HCSN units directly managed to use the property sold, liquidated recorded steady assets and asset value of the unit in the correct amount, the value on the accounting bookkeeping at the time of sale or liquidation of assets.
Article 13.-the entire proceeds from the sale or liquidation of assets after deducting the expenses for the auctioned assets under financial spending mode, the current into the State budget.
 
Chapter IV FINAL PROVISIONS article 14.-HCSN State agencies assigned to manage the property and use the property handle when agencies do not need and do not use if the incorrect implementation of the provisions of this regulation, or to damage or loss, loss of property shall be compensated according to the material and the degree of the violation will be handled in accordance with current legislation.