Chương 1 Luật quản lý, sử dụng tài sản nhà nước 2008: Những quy định chung

Chapter I.

GENERAL PROVISIONS

Article 1.- Governing scope

1. This Law provides for the management and use of state property at state agencies, people's armed force units, public non-business units, political organizations, socio-political organizations, socio-professional-political organizations, social organizations and socio-professional organizations (below collectively referred to as agencies, organizations and units), including working offices and other land-attached property; land use rights with regard to land for construction of working offices or non-business establishments of agencies, organizations or units; machinery, means of transport, working facilities and other kinds of property as defined by law.

2. The management and use of state property other than those specified in Clause 1 of this Article comply with the relevant provisions of law.

Article 2.- Principles for management and use of state property

1. All state property shall be assigned by the State to agencies, organizations or units for management and use.

2. The state management of state property shall be performed uniformly according to clearly assigned or decentralized powers and responsibilities of each state agency and responsibilities for coordination between state agencies.

3. State property must be invested, equipped and used for proper purposes, strictly according to the prescribed criteria, norms and regulations, ensuring equity, efficacy and economy.

4. State property must be fully accounted in kind and value in accordance with law. The determination of property value in purchase, sale, hire, lease, joint venture, cooperation and liquidation of property or in other transactions must comply with the market mechanism, unless otherwise prescribed by law.

5. State property shall be maintained, repaired and protected according to regulations.

6. The management and use of state property must be made public and transparent; all acts in violation of regulations on management and use of state property shall be handled promptly and strictly according to law.

Article 3.- Policies for management and use of state property

The State shall adopt policies for development investment, exploitation and protection of state property; modernization of the management of state property, and raising of the efficacy and effectiveness of management and use of state property.

Article 4.- Rights and obligations of agencies, organizations and units assigned to manage and use state property

1. Agencies, organizations and units assigned to manage and use state property have the following rights:

a/ To use state property for their operations according to their assigned functions find tasks;

b/ To decide on measures to protect, exploit and use efficiently the assigned state property;

c/ To have their lawful rights and interests protected by the State;

d/ To lodge complaints or initiate lawsuits in accordance with law.

2. Agencies, organizations and units assigned by the State to manage and use state property have the following obligations:

a/ To use state property for proper purposes, strictly according to the prescribed criteria, norms and regime, ensuring efficiency and economy;

b/To maintain, repair and protect state property according to regulations;

c/ To compile and manage state property dossiers; account and keep records of state property; report on the management and use of the assigned state property according to this Law and the laws on accounting and statistics.

Article 5.- Rights and obligations of heads of agencies, organizations and units assigned to manage and use state property

Heads of agencies, organizations and units assigned to manage and use state property have the following rights:

a/ To direct the management and use of state property at their agencies, organizations or units;

b/ To handle according to their competence or submit to competent authorities for handling violations of the law on management and use of state property.

2. Heads of agencies, organizations and units assigned to manage and use state property have the following obligations;

a/ To issue, and organize the implementation of, regulations on management and use of state property under their management according to their competence;

b/ To abide by the provisions of this Law and relevant laws, ensuring that state property is used for proper purposes, according to the prescribed criteria, norms and regimes and in an efficient and economical manner;

c/ To take responsibility before law for management and use of state property under their management.

Article 6.- Prohibited acts

1. Misusing of abusing one's position or powers to appropriate state property in any form.

2. Deliberately acting in contravention of state regulations on management and use of state property.

3. Using state property for improper purposes, not according to the prescribed criteria, norms or regimes; using state property wastefully or causing waste by leaving the property unused; using state property for illegal commercial purposes.

4. Destroying or deliberately damaging state property; illegally appropriating or using state property.

5. Showing irresponsibility in management, leading to the occurrence of violations of the law on management and use of state property,

6. Failing to perform or fully perform obligations towards the State in the management and use of state property.