Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree shall elaborate on:
a) Authority to make decisions, processes and procedures for establishing the all-people ownership of property, stipulated in clauses 2, 3, 4 and 5 of Article 106 in the Law on Management and Use of Public Property.
b) Disposal of property eligible for the established all-people ownership.
2. Property buried, concealed or sunk outside the territorial waters under the sovereignty and jurisdiction of the countries which are discovered or found by Vietnamese organizations and individuals shall be subject to clauses of international treaties on disposal of buried, hidden and sunken properties to which Vietnam is a signatory; in cases where an international treaty to which Vietnam is a signatory does not prescribe the disposal of buried or hidden or sunken property, this Decree shall apply.
3. This Decree shall not cover the management and disposal of the following property:
a) Property that is real property managed and distributed for use by the State in the process of implementing housing and land management policies and socialist society renovation policies before July 1, 1991 under the scope of application of the Resolution No. 23/2003/QH11 dated November 26, 2003 of the 11th National Assembly and the Resolution No. 755/2005/QH11 dated April 2, 2005 of the 11th National Assembly’s Standing Committee.
b) Property that is sunk on the inland waterway routes and inside of seaport water areas and territorial waters of Vietnam within the scope of application of the Government’s Decree No. 05/2017/ND-CP dated January 16, 2017.
c) Property that is aircraft abandoned in Vietnam within the scope of application of the Government’s Decree No. 02/2012/ND-CP dated January 11, 2012.
Article 2. Subjects of application
1. Entities and persons accorded authority to make decisions to establish the all-people ownership of property.
2. Entities, organizations and agencies assigned the tasks of managing and disposing of property eligible for the established all-people ownership.
3. Other organizations and individuals concerned.
Article 3. Property eligible to be under the established all-people ownership
1. Property confiscated in accordance with laws, including:
a) Material objects or equipment used for commission of administrative violations.
b) Exhibits in legal cases and other property confiscated under criminal laws and legislation on criminal procedures.
2. Unpossessed property; property of which owners are not known or identified; property dropped or left; buried, hidden or sunken properties already found; uninherited property belonging to the State under the provisions of the Civil Code; goods abandoned within the customs areas in accordance with the law on customs, including:
a) Unpossessed real property or real property with unknown owners that is eligible to be put under the established all-people ownership (hereinafter referred to as ownerless real property).
b) Dropped or negligently left property of which owners are not identified or which is not claimed by owners, eligible for being put under the established all-people ownership (hereinafter referred to as negligently left or dropped property).
c) Buried, concealed, sunken property which is found or discovered on the mainland, island and in territorial waters under the sovereign rights, sovereignty and jurisdiction of the Socialist Republic of Vietnam but, at the time of being found or discovered, has no owners or unidentified owners under laws (hereinafter referred to as buried, concealed or sunken property).
d) Property that is an estate without a testamentary heir or an heir-at-law or with an heir who is not vested with the right to inherit the estate, refuses to accept the estate, or an estate without a possessor after the statute of limitations for requesting a division of the estate from the time of opening of the inheritance expires according to civil law (hereinafter referred to as unheired estate).
dd) Property that is stagnant goods kept and stored at ports, warehouses and yards within the customs territory under laws on customs (hereinafter referred to stagnant goods).
3. Property of social funds and charity funds into liquidation that is not received after transfer by other funds having the same operational purposes, or into liquidation due to operations violating prohibited clauses of laws or in breach of social morals, under the State ownership in accordance with the Civil Code (hereinafter referred to as property of dissolved funds).
4. Property given as donation, gift, present, grant or aid by domestic and foreign organizations and individuals, but not yet accounted for by the state budget and transferred in other form to the State (hereinafter referred to as the property of which owners voluntarily transfer ownership to the State).
5. Property transferred by foreign-invested enterprises without reimbursement required to the State under commitments after termination of its operations.
6. Property created in the form of public-private partnership, which is transferred to the State under a project contract.
Article 4. Principles of establishment of the all-people ownership of property, management and disposal of property eligible for the established all-people ownership
1. The establishment of the all-people ownership of property must be documented; must strictly conform to the processes and procedures prescribed by law on the basis of protecting the interests of the State, respecting the legitimate rights and benefits of organizations and individuals concerned.
2. The state management of property under the all-people ownership shall be carried out uniformly and shall adhere to the principles of clearly assigning tasks and decentralizing authority and responsibilities to specific entities.
3. The valuation and handling of property qualified for the established all-people ownership shall be subject to the market mechanism.
4. The establishment of the all-people ownership of property and disposal of property qualified for the established all-people ownership must be publicly disclosed and must ensure transparency; any violation must be handled on time and strictly in accordance with laws in force.
Article 5. Entities presiding over management of property qualified for the established all-people ownership
Entities, organizations and units assigned to preside over the management and disposal of property qualified for the established all-people ownership shall be subject to the following provisions:
1. Material objects or equipment committing administrative violations that are confiscated:
a) The agency submitting the competent authority to issue a confiscation decision shall be the entity presiding over the asset management in case the Chairperson of the People's Committee of the province or centrally-affiliated city (hereinafter called the provincial-level jurisdiction) or the Chairperson of the People's Committee of the district or town or provincially-controlled city (hereinafter referred to as the district-level jurisdiction) issues the confiscation decision.
b) The host entity of the person making the confiscation decision is the unit presiding over management of property in the remaining cases.
2. As for exhibits in legal cases and property of the persons who are subject to the court’s confiscation judgements in accordance with criminal law, criminal proceedings and have obtained law enforcement decisions from competent authorities, the Departments of Finance are the entities presiding over the management of property transferred by the provincial-level law enforcement authorities and those at the military zone level; the Finance and Planning Divisions of the district-level People's Committees (hereinafter referred to as the Finance and Planning Division) are the entities in charge of management of property transferred by the district-level enforcement authorities.
3. As for material objects in legal cases received according to confiscation decisions of Investigation agencies and People’s Procuracies, the entities issuing confiscation decisions are those presiding over management of property.
4. As for ownerless real property, dropped, negligently left property and unheired estates, the Department of Finance shall be the entity presiding over management of real property, historic and cultural relics; the Finance and Planning Department shall be the entity presiding over management of movable property; if a case involves different property (including real property or historic - cultural relics and movable property), the Department of Finance shall be the entity presiding over management of such property.
5. As for buried, concealed or sunken property, the Department of Finance shall be the entity presiding over management of this property.
6. Property of dissolved funds:
a) Departments of Finance shall be the entities presiding over management of property of social funds or charity funds closed under the decisions of the Chairpersons of the provincial-level People’s Committees or the district-level People’s Committees mandated to grant such decisions.
b) Entities appealing to the Minister of Home Affairs to issue the dissolution decision shall be those units presiding over management of property under the ownership of social funds or charity funds dissolved under the decision of the Minister of Home Affairs.
7. As for stagnant goods within customs areas, the Customs Department shall be the entities presiding over management of property.
8. As for property of which ownership is voluntarily transferred from individuals and organizations to the State, if entities, units or organizations entitled to receive, manage and use such property are specifically identified upon transfer, they shall be the entities presiding over management of such property.
9. As for property of which ownership is voluntarily transferred from individuals and organizations to the State, if entities, units or organizations entitled to receive, manage and use such property are not specified upon transfer, competent regulatory authorities shall assign responsibilities for management of such property according to the following provisions:
a) If property in projects implemented by foreign experts, contractors and consultants by using official development assistance funds and non-refundable capital is transferred to the State, project management units shall be accorded with authority to preside over management of property; in case where a project management unit is dissolved, a host entity of a project shall act as the entity presiding over management of such property.
b) As for special property and specialized property in the national defence sector, the Ministry of National Defense or an entity whose authority is accorded by the Ministry of National Defense shall be recognized as the entity presiding over management of such property.
c) As for special property and specialized property in the security sector, the Ministry of National Defense or an entity whose authority is accorded by the Ministry of National Defense shall act as the entity presiding over management of such property.
d) If property not falling into the scope specified in point a, b and c of this clause is transferred to the Government, the Ministry of Finance or the entity whose authority is accorded by the Ministry of Finance shall act as the entity presiding over management of such property.
dd) If property not falling into the scope specified in point a, b and c of this clause is transferred to local governments, the Department of Finance shall act as the entity presiding over management of such property.
10. As for property transferred by foreign-invested enterprises without reimbursement required to the State under commitments after termination of their business, the Department of Finance shall act as the entity presiding over management of such property.
11. As for property formed by public-private partnership investments, which is transferred to the State under project contracts, the entity signing the public-private partnership contract shall be accorded as the entity presiding over management of such property.
Article 6. Responsibilities of entities presiding over management of property eligible for the established all-people ownership
1. Collaborating with relevant entities in keeping custody of property from the date of receipt of the property to the date of completion of disposal of the property according to plans approved by competent entities and persons, unless otherwise prescribed by law.
2. Preparing documents for submission to entities and persons having competence in issuing decisions on establishment of the all-people ownership of property, except in case property is prescribed in clause 1 of Article 106 in the Law on Management and Use of Public Property.
3. Preparing or reporting to the entities prescribed in clause 1 of Article 18 herein to request them to prepare plans for disposal of property for submission to competent entities or persons to seek their approval.
4. Presiding over and collaborating with relevant entities in undertaking the implementation of plans for disposal of property already approved by competent entities or persons.
5. Paying associated costs, including costs incurred from the portions of value of property (if any) for which organizations or persons are liable as per law.
6. Performing other duties stipulated herein and other relevant laws.
Tìm kiếm
Nghị định 29/2018/NĐ-CP về quy định trình tự, thủ tục xác lập quyền sở hữu toàn dân về tài sản và xử lý đối với tài sản được xác lập quyền sở hữu toàn dân (Bản Word)
Nghị định 29/2018/NĐ-CP về quy định trình tự, thủ tục xác lập quyền sở hữu toàn dân về tài sản và xử lý đối với tài sản được xác lập quyền sở hữu toàn dân (Bản Pdf)