Chapter VI
POLICIES ON MANAGEMENT AND USE OF PROPERTY OF STATE-FUNDED PROJECTS AND PUBLIC PROPERTY
Section 1. POLICIES ON MANAGEMENT AND USE OF PROPERTY OF STATE-FUNDED PROJECTS
Article 100. Property of state-funded projects
1. Property used for the execution of projects.
2. Property formed as a result of the completion of projects.
Article 101. How to form project property
1. How to form the property used for the execution of projects:
a) The State shall distribute the property in kind or provide funding for projects to invest in construction, purchase or lease the property serving the execution of each project;
b) The form of property shall conform to the rules specified in Clause 2 Article 28 herein. Distribution of property, investment in construction, purchase, lease of property or provision of fixed funding to use property serving the execution of projects shall conform to regulations of Articles 29, 30, 31, 32 and 33 herein and project documents (if any).
2. How to form property as a result of the completion of projects:
a) Project capital shall be used to invest in construction of property or purchase property;
b) The form of property shall conform to regulations of this Law, relevant law and project documents (if any).
Article 102. Use of property serving the execution of projects
Use of property serving the execution of projects shall comply with targets of projects and provisions of Section 3 Chapter III herein and relevant law.
Article 103. Disposal of property serving the execution of projects
1. When there is property that needs to be disposed of, a project management unit shall:
a) Compile an inventory of the property, report to a superior managing authority, report to a contact point of the project and submit to authorities to assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein;
b) Keep the property in good conditions pending the disposal of the property.
2. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall take measures for disposal of the property in the forms stipulated in Clause 3 this Article and submit them to a competent authority for approval.
3. Forms to dispose of the property shall include:
a) Distribution to an authority or organization to manage or use the property;
b) Transfer;
c) Sale;
d) Liquidation;
dd) Destruction;
e) Dealing with the property if it is lost or damaged;
g) Other forms as prescribed by law.
4. Based on measures approved by the competent authority, any of the authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or the project management unit shall transfer, sell, liquidate, destroy or deal with the property if it is lost or damaged as specified in Articles 29, 42, 43, 45, 46 and 47 herein.
5. Management and use of the proceeds earned from disposal of the property serving the execution of the project shall comply with provisions of Clause 3 Article 62 herein if the project management unit is operating in the model of a public service provider; or conform to provisions of Clause 1 and Clause 2 Article 48 herein if the project management unit is operating in another model.
Article 104. Disposal of property created after the completion of projects
1. After the completion of construction investment or purchase, a project management unit shall transfer the property to a beneficiary specified in the project in order to put the property to operation or use.
If the beneficiary of the property is not specified, disposal of the property after the completion of the project shall be carried out in the following forms:
b) Transfer;
b) Sale;
d) Liquidation;
d) Distribution of the property to an enterprise to manage or use it;
dd) Other forms as prescribed by law.
2. Transfer, sale or liquidation of the property shall comply with regulations of Articles 42, 43 and 45 herein. Distribution of the property to an enterprise to manage and use it shall comply with regulations of this Law, law on management and utilization of state capital invested in enterprises’ business operation and relevant law.
Article 105. Management and use of the property formed from the performance of scientific and technological tasks funded by the state capital
1. The property formed from the performance of scientific and technological tasks funded by the state capital shall consist of:
a) The property provided for the performance of scientific and technological tasks;
b) The property formed as a result of the performance of scientific and technological tasks;
2. Provision of the property for the performance of scientific and technological tasks shall be in line with assigned tasks and estimates approved by a competent authority. The property shall be used for the right purposes and ensure cost-effectiveness; aggregated, reported, maintained, repaired and disposed of promptly.
3. Disposal of the property provided for the performance of scientific and technological tasks shall be carried out in the following orders:
a) Distributing or selling the property to an organization in charge to continue results of tasks or using the property to use results of scientific and technological research for commercial purposes;
b) Transferring, selling, liquidating and destroying the property if the organization in charge of performing the tasks does not receive or purchase it. Transfer, sale, liquidation and destruction of the property shall comply with regulations of Articles 42, 43, 45 and 46 herein.
4. Disposal of the property formed as a result of the performance of scientific and technological tasks shall be carried out in the following orders:
a) Transferring the property ownership or the right to use the property to the organization in charge to continue results of tasks or using the property to use results of scientific and technological research for commercial purposes;
b) Transferring the property ownership or the right to use the property to another entity if the organization in charge of performing tasks has no demand or capacity to use results of scientific and technological research for commercial purposes.
5. The Government shall specify this Article in details.
Section 2. POLICIES ON MANAGEMENT AND USE OF PROPERTY WHOSE PUBLIC OWNERSHIP IS ESTABLISHED
Article 106. Property whose public ownership is established
1. Confiscated property, including:
a) Exhibits and equipment used for committing violations;
b) Material evidence and other property confiscated according to regulations of criminal law and law on criminal procedure.
2. Property without owners, property whose owner is unidentified; property that is dropped, forgotten, buried, hidden, sunk and found; property without inheritors; property of social funds, charity funds that are dissolved but there is no other funds having the same purposes of receiving transferred property or dissolved due to committing violations against the law or against social ethics and other property owned by the State according to regulations of the Civil Code; inventory in an area of customs operation as prescribed in regulations of law on customs.
3. Property that owners voluntarily transfer the ownership to the State, including: property that foreign or domestic entities donate, give, contribute, sponsor or transfer in another manner to the State.
4. Property that foreign-invested enterprises transfer without reimbursement to the State according to commitments after their operation comes to an end.
5. Property that is invested in the form of public-private partnerships and then transferred to the State in accordance with project contracts.
Article 107. Power to establish public ownership
1. Establishment of public ownership of property specified in Point a Clause 1 Article 106 herein shall comply with a decision on property confiscation made by a competent authority as prescribed in regulations of law on actions against administrative violations.
2. Establishment of public ownership of property specified in Point b Clause 1 Article 106 herein shall comply with a decision on property confiscation made by a competent authority as prescribed in regulations of criminal law, law on criminal procedure and law on civil judgment enforcement.
3. Power to establish public ownership of property specified in Clauses 2, 3, 4 and 5 Article 106 herein shall be granted by the Government.
Article 108. Storage of property whose public ownership is established
1. Authority responsible for property management shall store it pending the disposal of the property, except for the property specified in Clause 2 this Article.
In the cases where the authority responsible for property management has no warehouse to store the property; or the property is a fixed machine or equipment that makes it difficult to disassemble, such authority shall transfer the property to a state reserve authority; authorize or conclude a property lease agreement with an authority or organization having qualified facilities and warehouses. Transfer, authorization and lease of property storage shall comply with regulations of law.
2. It is required that the following property be transferred to and stored by specialized managing authorities:
a) National treasures, antiques and other historic or cultural valuables;
b) Weapons, explosives, support instruments, technical professional equipment, vehicles and other property relevant to national security;
c) Vietnamese currency, foreign currencies, valuable papers, gold, silver, precious stones and precious metals;
d) Precious and rare forest products that are not used for commercial purposes;
dd) Other property imposed special management.
The Minister of Finance shall undertake and cooperate with relevant authorities in publishing a detailed list of specialized managing authorities specified in this Clause.
3. Transfer of property to specialized managing authorities specified in Clause 2 this Article shall be made in writing.
4. Specialized managing authorities shall receive transferred property and store the property in accordance with regulations of law.
Article 109. Forms to dispose of property whose public ownership is established
1. Distribute to specialized managing authorities to manage and dispose of weapons, explosives, support instruments, technical professional equipment, vehicles and other property relevant to national security; national treasures, antiques and other historic or cultural valuables; precious and rare forest products and other property that are imposed special management.
2. Distribute or transfer to authorities and organizations to manage and use the property serving workplaces or public service facilities; means of transport, machines and equipment.
3. Distribute or transfer the property to authorities assigned to manage infrastructural property.
4. Remit Vietnamese currency and foreign currencies to the state budget.
5. Destroy the property that is not longer used or enforced to be destroyed.
6. Sell the property that is not specified in Clause 1, 4 and 5 this Article; the property specified in Clause 2 and Clause 3 this Article but is not distributed or transferred. Sale of the property whose public ownership is established shall comply with regulations of law on auction, except for the following property that is put on the market directly:
a) Fragile goods or products;
b) Property with low value as prescribed by the Government.
Article 110. Procedures for disposal of property whose public ownership is established
1. After a decision on property confiscation or decision on establishment of public ownership is given, authorities responsible for the management of property shall report to authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein.
2. Authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein shall take measures for disposal of the property in the forms stipulated in Article 109 herein and submit them to a competent authority for approval.
3. Based on measures approved by the competent authorities, authorities assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or authorities responsible for the management of property shall carry out the disposal of the property in the forms stipulated in Article 111 herein.
Article 111. Implementation of disposal of property whose public ownership is established
1. When a decision on distribution of the property is given to a specialized managing authority to manage and dispose of the property, an authority responsible for the management of property shall transfer it to such specialized managing authority according to a competent authority’s decision.
After receiving the property, the specialized managing authority shall manage and dispose of such property according to regulations of relevant law.
2. When a decision on distribution of the property is given to an authority responsible for using the property, the authority responsible for the management of property shall transfer it to the authority responsible for using the property according to a competent authority’s decision.
The authority responsible for using the property shall aggregate the property, manage and use the property in accordance with regulations of this Law and relevant law.
3. When a decision on distribution of infrastructural property is given to an authority/organization assigned to manage the property, the authority responsible for the management of property shall transfer the infrastructural property to such authority/organization.
The authority/organization assigned to manage the property shall aggregate the property, manage, use and operate the property in accordance with regulations of this Law and relevant law.
4. If the property is Vietnamese currency or foreign currencies, state treasuries shall remit it to the state budget according to regulations of law on state budget.
5. If a decision on property destruction is given, the authority responsible for the management of property shall cooperate with other authorities responsible for destruction of the property. Forms of property destruction shall comply with provisions of Clause 2 Article 46 herein.
6. If a decision on sale of the property is given, authorities/organizations assigned to manage public property specified in Clauses 1, 2 and 3 Article 19 herein or authorities responsible for the management of property shall make the sale of property in accordance with regulations of this Law and relevant law.
Article 112. Management of the proceeds earned from disposal of property whose public ownership is established
The proceeds earned from disposal of property whose public ownership is established shall be transferred to temporary accounts at a state treasury after deducting relevant expenses; the remainder shall be transferred to the state budget.
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