Chương 1 Nghị định 14/1998/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.-

1. State property are property formed by or derived from the State budget, property over which State ownership has been established by law, land, forests mountains, rivers, lakes, water resources, underground natural resources, sea, continental shelf and air space resources.

2. Any property which are under the entire people's ownership and the right to ownership over which have been transferred by the State to political or socio-political organizations shall become property under the ownership of such organizations.

Article 2.- The State property include:

1. Property in the administrative and non-business sector which are allocated by the State to State agencies, non-business units, armed forces units, political organizations, socio-political organizations, social organizations and socio-professional organizations for management and use, including:

a/ Land;

b/ Houses and other constructions associated with land;

c/ Other property associated with land;

d/ Communication and transport means, working equipment and facilities and other property.

2. Infrastructural property in service of public and national interests, including:

a/ The system of communication and transport work;

b/ The system of irrigation works;

c/ Lighting system and system of water supply and drainage;

d/ Cultural works;

e/ Other infrastructure works;

3. State property at enterprises.

4. Property prescribed by law as being under State ownership, including:

a/ Property as material evidences and means of law violation, which are confiscated and remitted to the State budget and fines for breaches of law;

b/ Buried or sunk property which now have been found; dropped, forgotten or abandoned property or property with unidentifiable owners and other property prescribed by law;

c/ Property that are donated, contributed by domestic and foreign organizations and/or individuals and property with ownership right transferred in other forms to the State; property given as aid by foreign governments, non-governmental organizations and other international organizations.

5. State reserves property.

6. Land, forests, mountains, rivers, lakes, water resources, underground natural resources, sea, continental shelf and air space resources (hereafter collectively referred to as "other natural resources").

Article 3.-

1. Scope of the State property management under this Decree:

a/ For the State property in the administrative and non-business sector and the property prescribed by law as under State ownership, the regulations on property registration and reporting, the regulations on the competence to decide the procurement and receipts of property and the regulations on management, use and disposal of property shall apply;

b/ For State reserve property, the regulations on property reporting, and the regulations on financial management in the process of purchase and sale and the management of the State budget capital for reserves shall apply. The management of reserve property in kind must conform with current regulations of the Government;

c/ For the State property which are infrastructure in service of public and national interest, land and other natural resources, the regulations on property reporting, on financial management in the process of inspection, planning, prospection, measurements and determination of property as well as the regulations on financial management in the process of maintenance, repair, renovation, exploitation and use of property shall apply;

2. For the State property invested in enterprises, their management shall comply with the provisions of law on enterprises.

For the property in the security and national defense sector, management shall comply with separate regulations of the Government.

For the residential houses owned by the State, management shall comply with the provisions of law on residential houses.

Article 4.- The State property shall be examined, inventoried, registered and controlled as for their kinds and value in accordance with the provisions of law.

Article 5.-

1. The ministries, the ministerial-level agencies and agencies attached to the Government (hereafter referred collectively to as ministerial-level agency), the People's Committees of the provinces and cities directly under the Central Government (hereafter referred collectively to as provincial level) shall be responsible for the management, examination and inspection of the use of State property in their respective branches and localities in accordance with this Decree and relevant legal documents.

2. Other State bodies at the central level, political, socio-political, social and socio-professional organizations at the central level (hereafter referred collectively to as organizations at the central level) shall have to manage and inspect the use of State property in their respective organizations in accordance with law.

Article 6.- Organizations and individuals assigned to directly manage and use State property shall have to:

1. Manage and use State property in accordance with the provisions of this Decree and relevant legal documents;

2. Draw up and execute plans on construction, procurement, repair, renovation, liquidation of State property assigned to them in accordance with State regulations; use State property for the right purposes and in accordance with regulations, criteria and quotas.

3. Protect and preserve State property.

Article 7.- It is strictly forbidden to use State property for wrong purposes and in contravention of the regulations, criteria and quotas stipulated by the competent State body.