Order No. 04/2008/L-CTN on the promulgation of the Law on Management and Use of State Property

Issue nos ()9.10/AUClust 2008 (COng Baooos5IJJ.51CYSeptemfH11, 2008) OFFICIAL GAZETTE 5 THE STATE PRESIDENT URUEK No. U4/l.UUMIL-CTN 01<' JUNE 12, 2008, ON THE PROMULGATION OF LAW THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETl\TAM Pursuant to Articles 103 and 106 ofthe 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5112001lQH10 of December 25, 2001, of the X1h National Assembly, the ](Jh session; Pursuant to Article 91 of the Law on Organization oj the National Assembly; Pursuant to Article 50 of the Law on Promulgation of Legal Documents, PROMULGATES: the Law on Management and Use ofState Property, which was passed on]une 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnamat its 3rd session. President of the Socialist Republic ofVudnom NCITVF.N MINH TRIRT LAW ON MANAGEMENT AND USE OF STATE PROPERTY (No. 091200SIQH12) Pursuant TO [he 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 5112001IQIIlO; The National Assembly promulgates the Law on Management and Use of State Property, Chapter I GENERAL PROVISIONS Article 1.- Governing scope I. This Law providesfor themanagement and use of state property at state agencies, people's armedforce units, publicnon-businessW1~ political organizations, socio-political organizations, socio­ professional-political organizations, social organizationsand socio-professional organizations (below collectively referred to as agencies, orgaruzations and units), including workingoffices and other land-attachedproperty; land use rights with regard to land for construction of working offices ur uou-business establishmentsufagencies, organizations or units; machinery, means of transport, working facilities and other kinds of property as defined by Jaw. 2, The management and useof stateproperty otherthan thosespecified inClause1of thisArticle comply with the relevantprovisionsor law, Article 2.- Principlesformanagementand use of stale property tel VIETNAM LAW"" I FGAL FORUM' 6 OFFICIAL GAZETTE Issue nos 09·10fAugust 2008 (GOng BaOIlOS ElJJ..5101Sep1ember 11, 2008) L All state property shall beassigned by the State to agencies. organizations or units for management and use. 2.The statemanagement of stateproperty shall be performed nniformly according to clearly assigned OT decentralized powers and responsibilities of each state agency and responsibilities for coordination between state agencies. 3. State property must be invested, equipped andused for proper purposes, strictlyaccordingto the prescribed criteria, norms and regulations, ensuring equity,efficacy and economy. 4. Strite propprty must he fully accounted in kind and value in accordance with law. The determinationof property value in purchase,sale, hire, lease. jointventure, cooperation andliquidation of property or in other transactions must comply with the market mechanism, unless otherwise prescribed by law. 5. Stateproperty shall bemaintained, repaired and protected according to regulations. 6. The m:ln~gf:'menland use of state property must bemade public and transparent; all acts in violationofregulationson managementanduseof stateproperty shallbehandledpromptlyandstrictly according to law. Article 3.- Policies for management and use of state property The State shalladopt policies for development investment, exploitation and protection of state property; modernization ofthemanagement ofstate property, and raising of the efficacy and effectiveness of management and use of state property. Article4.- Rightsand obligationsof agencies, organizations and units assigned to manage and use state property 1.Agencies, organizationsand units assigned to m;Jn:l2P: and nse state property have the following rights: aJ To lise state property for their operations according to their assigner! function" and tasks: bl To decide on measures to protect, exploit and use efficiently the assigned state property; cl To have their lawful rights and iuLClt::sLs protected by the State; dITo lodge complaints or initiate lawsuits in accordance with Jaw. 2.Agencies, organizationsand units assigned by theState tomanage andusestaleproperty nave thefollowing obligations: aJTo use state property for proper purposes, strictlyaccording to the prescribedcriteria, norms and regime, ensuringefficiencyandeconomy; hi Tomaintain,repairandprotectstateproperty according to regulations; cI To compile and manage state property dossiers; account and keep records of state property; report on the management and use of the assigned stateproperty according to this Law and the laws on accountingand statistics. A/tide 5.- Rights and obligations of heads of agencies, organizations and units assigned to manage and use state property 1. Heads of agencies, organizations and units assigned to manage and use state property have thefollowing rights: aJTo direct the management and use of state e VIETNAM LAW & LEGAL FORUM , Issue nos 09-10/August 2008 (GOng Odoms 500-51Cf'~ 11, 2OJ8) OFFICIAL GAZETTE 7 propertyat theiragencies, organizations or units; bl To handleaccordingto theircompetence or submit to competent authorities for handling violations of the law on management and use of :,>Wte property. 2. Heads of agencies, organizationsand units assigned to manage and use state property have me following obhgadons: a/ To issue, and organize the implementation of, regulations on management and use of state property undertheirmanagementaccording to rneir competence; bl To abide by the provisionsof this Law and relevant laws,ensunng thatstate propertyis used for proper purposes, according 10 the prescribed criteria,norms andregimesandin anefficientand economical manner; c/ To take responsibility before law for management and useof statepropertyunder their management. Article 6.- Prohibited acts 1.Misusing UI abusing UIlt'S positions or powers toappropriate state property in any form. 2.Deliberatelyactingincontraventionof state regulations on management and use of state property. 3. Usingslatepropertyfor improperpurposes, not according to the prescribedcriteria, norms or regimes;using stateproperty wastefully orcausing waste by leaving theproperty unused;using state propeny for illegalcommercialpurposes. 4. Destroying or deliberately damaging state property; illegally appropriating or using state property. 5. Showing irresponsibility in management, lending to the occurrence of violations of the law on managementand use of state property. 6.Failing toperformorfully performobligations towards [he .sWle in rne managemem and use of stateproperty. Chapter II STATE MANAGEMENT RESPONSffilLITIES FOR STATE PROPERTY Article 7.~ Responsibilities of theGovernment and thePrimeMinister 1.The Government shall exercise 1heunified statemanagementof stateproperty,and~ aJ Promulgateaccording to its competenceor submi t to competent sta te agescies for promulgation, andorganizetheimplementation of, legaldocumentson management and use of state property; bl Decentralize construction investment, procurement,hire, repair, maintenance, transfer, recovery, liquidation, sale, joint venture or cooperation, leaseor destructionof stateproperty; c/ Report annually to the Nationai Assembly on the situation of management and ll'Seofstate property. 2. The Prime Minister shall prescribe criteria andnormsfor the useof workingoffices,cars and other property ofhigh value and common use at agencies, organizations andunits. Article8.- Responsibilities of the Ministry of Finance © VIETNAM LAW & LEGAL FORUM 8 OFFICIAL GAZETTE Issue nos 09.10/August 2008 (GOng Baonos fl1.J.510/Seriember 11, 2(XJ3) TheMinistryofFinanceshalltakeresponsibility before the Government for exercising the stale management of state property,and: 1. Promulgate according to its competence or submitto competentstateagencies forpromulgation legal documents on management and useof state property. 2. Provide for the regime of management and use of working offices, cars and other property at agencies, organizations and units, except for property defined in Clause 1,Article9 of thisLaw. 3. Prescribe criteria and nonns on the use of stateproperty, exceptforproperty defined inClause 2 of Article 7 and Clause 1 of Article 9. of this Law. 4. Organize the management and use of state property. 5.Coorilinatewithotherministries, ministerial­ levelagenciesandcentralagenciesinpromulgating criteria, norms and regimes for management and use of special-purpose property. 6. Decide on the transfer of state property between mmtsmes,ministertal-Ievel agencies,other central agencies,provincesand centrallyrun cities (belowcollectivelyreferredtoas provincial level); and the procurement, recovery, liquidation or sale of state property as decentralized by the Government. 7. Report annually lu the Government Oil the situationof management and usc of stateproperty throughout the country. 8. Inspect, examine, settle complaints and denunciations,and handleviolations of the law on management and use of state property according to its cOIupetence. Article 9.- Responsibilities of ministries, ministerial-level agencies and other central agencies Ministries, ministerial-level agenciesandother centra1 agerici es S hal l e xerc i SP. rhe st a tf~ management of state property under their management,and: 1. Assume the prime responsibility for, and coordinate with the Ministry of Finance in, promulgating criteria, norms and regimes for m:m;:lgement and use of special-purpose property at agencies, organizations and units under their management. 2. Decide on construction in v c atrncnt , procurement, hire, repair, maintenance, transfer, recovery, liquidation, sale, joint venture or cooperation, lease ordestruction of state property under their management as decentralized by the Government. J. Report annually to the Ministry of Finance on the situation of management and use of state property under their management. 4. Inspect, examine, settle complaints and denunciations, andhandle violationsof the law on management and use of stateproperty under their management. Article10.- Responsibilities ofprovincial-level People's Councils Based on the provisions of this Law and the Government's decentralization, provincial-level People's Councilsshall: 1. Decide on undertakings and measures for management and use of state property at locally managed agencies, organizations and uni ts. © VIETNAM LAW & LEGAL FORUM Issue nos 09·10/AuQ!Jst 2008 (GOng Oriooos5C&51fY'veptember 11, 2000) OFFICIAL GAZETTE 9 2. Decide on decentralizationof construction investment, procurement, hire, repair, maintenance, transfer, recovery, liquidation, sale,joint venture or cooperation,leaseor destruction of stateproperty at locally managed agencies, organizations and units. 3. Supervise the enforcement of the law on management and use of state pro~rt)' in localities. Article 11.- Responsibilities of People's Committeesat alllevcls Based on the provisions of this Law, the Government's decentralizationanddecentralization by provincial-level People's Councils, People's Committeesat alllevels shall: 1.Formulate, andorganize the implementation of. plans on management and use of locally managed state property. 2. Decide on construction investment, procurement, hire, repair, maintenance, transfer. recovery, liquidation, sale, joint venture or cooperation,leaseor destructionof stateproperty at locally managed agencies, organizations and units. 3.Reportannuallyto the People's Councilsof the same level and to the immediate superior People's Committees; provincial-level People's Committeesshallreportto theMinistryof Finance on the situation ofmanagementanduseof locally managed state property. 4. Compile and manage dossiers on locally managed state property. 5. Inspect, examine, settle complaints and denunciations, andhandleviolationsof the lawon management and use of locally managed state property. Chapter III MANAGEMENT AND USE OF STATE PROPERTY AT STATE AGENCIES AND PEOPLE'S ARMED FORCE UNITS Article 12.- Sources of state property at state agencies 1. Property assigned by the State in kind or land userights. 2. Budget funds allocatedby the State for the construction or procurementofproperty. Article 13.- Investment in theconSliUction of working offices 1.The State shall invest in the conssuction of workingofficesforstateagenciesbythefollowing modes: a/Assigningfunctional organizations toinvest in theconstructionof workingoffices; bIAllocating budgetfundsfor theconstruction of workingoffices to agencieswhichwi11 directly use such working offices. 2.Agenciescompetenttodecideoninvestment in the construction of working offICes £ball decide on modesof investmentdefinedinClause1of this Article. 3. Investment in the construction of working officesmustmeet the followingrequirements: aJ Conformity with the planning already approved by a competent state agency; bl Conformity with the functions. tasks and organizational apparatus already approved by a competent Stateagency, andthecriteriaandnorms for use of working offices; cl Adherence to the provisions of law on © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue nos 09-10/Augusl 2008 (GOng BaonosEJXi..510/September11. 2008) inv.cstmentandconstruction. 4. The competence to decide on investment in the construction of workingofficescomplies with the law on investment and construction, and relevant provisionsof law. Article 14.- Procurement of state property L The procurement of state property must conform to the prescribed criteria, norms and regimes formanagementand useof staleproperty, 2. Funds for theprocurementof stale property shall be assured by the state budget according to the state budget law. 3. The procurement of stare property ~h311 be conductedpublicly and accordingtothe order and procedures provided for by the bidding law and relevant laws. 4. Too competence to decide on the procurement of state property is provided for as follows: a/Ministers,headsof ministerial-level agencies and heads of othercentralagenciesmay decide or decentralize the decision on the procurement of state property at state agencies under their respective management; hi Provincial-level Peoples Councils may decentralize the decision on the procurement of state property at locally managed state agencies. Article J5.- Hire of working offices and other property by stateagencies for operation 1. State agencies may hire working offices or other property for their operationin the following cases: aJ When they have no working offices or have notyet beenallocated budgetfundsforconstruction investmentand procurement hiThehire of workingoffices or other property ismore efficientthanconstructioninvestmentand procurement. 2. The quantity and kinds of working offices and otherproperty to be hired must conform to the prescribed criteria,norms and regimes; rent rates shall hP. h:'l"f'd on the. market mechanism. 3. The State shall assure funds for the hire of workingofficesandotherkinds of propertyfor the operationofstate agencies in accordance with the state budget law. 4. The competence to decide on the hire of working offices and otherproperty -isprovided for as follows: aJ Ministers, headsof ministerial-level agencies and heads ofother central agencies shall decide or decentralize the decision on the hire of working offices or other property for the operation of stale agencies under their respective management; bl Provincial-level People's Councils shall decentralize thedecision on thehireworkingoffices or other property for locally managed rotate agencies. Article 16.- Use of state property 1.Slatepropertyat stateagenciesmust be used for proper purposes, utilities, criteria, norms and regime,ensuringefficiencyand economy. 2. State agencies may not use state property for personal purposes, lease or other business activities. Article 17.- Maintenance and repair of state property 1. State property at state agencies must be © VIETNAM LAW & LEGAL FORUM 11OFFICIAL GAZETTEIssue nos 09-1 OfAugust 2008 (GOng Baoms 5aJ.511YSeptember11, 2C\J8) checked, maintained andrepai redstrictly according to the prescribed regimes. criteria and econo­ technicalnorms. 2. Fundsforthemaintenance andrepairof state property shall be assured by the state budget in accordance with the statebudget law. Article 18.- Compilation, rnanagementofstate property dossiers 1. State agencies assigned to manage and use stateproperty shallcompile, manageandkeepstate property dossiers according to the laws on accounting and statisticsand relevant provisions of law. 2.Finance agencies shall uniformly manage and keep state property dossiers under their management in accordancewith law. Article 19.- Accounting of state property Statepropertymustbeaccounted promptlyand tully mboth kindand valueaccording to the laws on accountingandstatistics. Arlic/" 20.- Recovery of state property 1. Recovery of stale property means decision by competent state agencies to recover state property already assigned to ::'l.ate agencies fur management and use. 2. State property shall be recovered in the f(.1110wi IIg cases: aJIt is unused; bllt is used for improper purposes, in excess of the prescribed criteria, norms or against the prescribedregimes. 3. Recovered property shall be transferred according toArticle 21 ofthisLaworsoldaccording toArticle 23 of thisLaw. 4. The competence to decide on the recovery of state property at state agencies complies with theGovernment'sdecentralization. Article 21.- Transfer of state property 1. Transfer of state property means decision by competent state agencies to tTan'tf~r st.atl", property between state agencies, people's armed forces units, public non-business umts, political organizationsor socio-political organizations,except for specialcases decided by the Prime Minister. 2. State property shall be transferred in the following cases: aJFromredundant to deficientplaces; bl Inordertobringabouthigheruseefficiency; cl Ornercases prescribed by law. 3. The competence to decide on the transfer of state property at state agencies complies with theGovernment'sdecentralization. Article 22.-Liquidationof stateproperty 1. State l'lUVC1lY shall be liqui<.Iato1 in the followingcases: aJUpon theexpirationof its use duration; bIIt is soseriouslydamagedthatitcansolonger beused or its repair is not cost-effective; cIThe workingoffices or other land attached property must be dismantled under decisions of competent state agencies, and other cases prescribedby law. 2.Thecompetencetodecideonthe liquidation of statepropertyisprovided as follows: aJMinisters, headsofministerial-level agencies and headsof othercentralagenciesmay decideor . © VIETNAM LAW &LEGAL FORUM 12 OFFICIAL GAZETTE Issue nos 09-10/August 2008 (GOng B8ooosfIJJ-51OISepterrber 11, 2008) decentralizethedecision on the Iiquidationof state property under their respective management; bl Provincial-level People's Councils may decentralize the decisionon the liquidationof state property at locally managed state agencies. 3.The liquidationof stateproperty in theform of sale shallbe conducted publicly according to the market mechanism. 4. Proceeds from the liquidation of state property shall, after offsetting related reasonable expenses, .bemanaged anrl ll<:f'c! :l(Y~nrc!ine to law. Article 23.- Sale of state property 1. Sale of state property means transfer of the ownershiprightover thatproperty toorganizations or individualsfor a correspondingsum of money. 2 SIa\:P:pr~ sha 11 he so!d ill the following cases: a/ The property is no longer neededor itsuse is inefficient, except for cases in which the property must notbesold under law; b/ Other cases prescribed by law. 3. The sate ofSlate property shallbe conducted publicly according to themarket mechanism. The sale of statepropertybeingworkingoffices or other land-attachedpropertymust comply with thisLaw and relevantprovisions of law. 4. The competence to decide on the sale of state property at state agencies complies with the Government's decentralization. 5.Proceeds fromthesaleof stateproperty shall, after covering related reasonable expenses, be managed and used in accordance with law. Article 24.- Destruction of state property 1.Destruction of statepropertymeansdecision by competent state agencies to eliminate the existence of a state property. 2. State property shall be destroyed in accordance with the law on environmental protectionand relevant provisionsof law. 3.Thecompetence todecideon the destruction of state property is prescribed as follows: a/ Ministers, headsof ministerial-level agencies and heads of other central agenciesmay decide or decenrralize the decisionon the destruction of state propertyunder their management; bl Provincial-level People's Councils may decentralize the decision on the de<;tmrticm of locallymanaged state property; c/ Other persons as prescribed by law. 4. Funds for the desrrucuon of SLaLe property shall be assured by the state budget. Article 25.-lnventory. report on state property State agencies assigned to manage and use state property shall inventory and report on the quantity, val ue and situation of management and use of state property under their management in accordance with law. Article26.- Publicization of management and use of state property I. State management agencies for state property shall publicize the implementation of regulations on management and use of state property. 2. State agencies assigned to manage and use state property shall publicize the procurement, investment in the cnnstrucrion and use of state © VIETNAM LAW & LEGAL FORUM Issue nos 09-10/August 2008 (COn.q B8onos 500-51Q/September11, 20081 OFFICIAL GAZETTE 13 propertyundertheir management. The Government shall specify contents and formsofpublicization ofthe managementanduse of stateproperty. Article 27.- Management and use of state propertyby overseasVietnamese state agencies The managementanduse of statepropertyby overseasVietnamese stateagenciesmustcampIy with this Law and accord with diplomatic regulationsand lawsof thehostcountries. TheGovernment shall specify themanagement and useof statepropertybyoverseasVietnamese state agencies. Article 28.- Management and use of state propertyat people's armedforcesunits Basedon theprinciplesprovided forinthis Law, theGovernment shallspecify themanagement and useofstateproperty atpeople'sarmed forces units. Chapter IV MANAGEMENT AND USE OF STATE PKUPEKTY AT PUHLl(: NON-BUSINESS UNITS WITH OR WIlHOUT FINANCIAL AUTONOMY Article 29.~ Sourcesof stateproperty atpublic non-business units 1. Property assigned by the State in kind or landuserights. 2. Budget funds allocated by the State for Investmentin theconstruction orprocurementof property. 3. Propertybuilt with investment or procured withmoneyoriginating fromthestatebudget. Article 30.- Management and use of state property atpublic non-business unitswithfinancial autonomy l. Public non-business units with financial autonomy are units satisfying the Government-set conditions, whose propertyisvaluated andassigned bytheStale tothem for management inaccordance with the mechanism on allocation of capital to enterprises. 2.Thecompetence todecide on theassignment of state property is prnvitip.cl fnr a<; follows: aIMinisters, headsofrninisterial-lcvelagencies and headsof othercentral agenciesmay decide or decentralize the decision on the assignmentofstate property topublic non-business units withfinancial autonomyundertheirmanagement; bl Presidents of provincial-lc vc] People's Committees maydecide ontheassignment of state property to public non-business unitswhhfinancial autonomy under 1nc.:11 m:1n:12P1w'nt Atticle 31.- Rights and obligationsof public non-business units with financial autonomy in managementand use of stateproperty Public non-business units with financial autonomy have the rights and obligations of agencies, organizations and units assigned to manageandusestatepropertydefinedinArticles 4 and 5 of thisLaw,and the followinglights and obligations: 1.Tousestateproperty forproduction, service provision, lease.joint venture orcooperation under Articles32 and 33 of thisLaw. 2. To preserve and develop state capital and property assigned to them for management and use. © VIETNAM LAW &LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 09·10lAuqust 2008 (GOng B8onos ffJJ-5101September 11, 2(08) 3.Toperform financial obligations towards the State in accordance with law. Article 32.- Management and use of state property for production, service provision, lease, joint ventureorcooperationatpublicnon-business unitswith financialautonomy The management and use of state property for production, service provision,lease,joint venture or cooperation must meet the following requiremeots: 1. Not affecting the performance of assigned functions and tasks. 2. Using the property for proper purposes of construction investment orprocurement. 3.Promoting capacityandefficiencyof theuse of state property. 4. Foilowing the market mechanism and complying withrelevantprovisionsof law. Article 33.- Management and use of proceeds from production,serviceprovision, jointventureor cooperation, and lease of state properlY of public non-businessunitswith financialautonomy 1.Proceedsfrom production, service provision, jointventureorcooperation activities mustbefully accounted according to the laws on accounting and statistics,andbemanagedand used according to the financial mechanism applicable to enterprises. 2. Proceeds fromthe leaseof thepropertymust be accounted separatelyand may beused by units to develop their non-business activities after offsettingrelatedreasonableexpenses, paying taxes andfulfilling otherfinancial obligations towardsthe State. Article 34.- Management and use of state property at public non-business units without financial autonomy The management and use of state property at public non-business units without financial autonomy mustcomplywithregulations on managementand use of state property at state agencies provided for in Chapter III of this Law. Chapter V MANAGEMENT AND USE OF STATE PROPERTY AT POLITICAL ORGANIZATIONS, SOCIO-POLITICAL ORGANIZATIONS, SOCIO·POLITICAL­ PROFESSIONAL ORGANIZATIONS, SOCIAL ORGANIZATIONS AND SOCIO-PROFESSIONAL ORGANIZATIONS Article 35.- Management and use of state property at political or socio-political organizations 1. The State shall assign property in kind or land use rightsand allocate state budget funds for political or socia-political organizations to investin constructionor procureproperty accordingto their functions and tasks, and the criteria, norms and regimes of management and usc of state property. 2.Propertyassigned by theState to political or socia-politicalorganizationsfor management and U~ VI state-allocatedbudgetfunds for construction investment or procurement come under the stale ownership; the management and use of this property comply with this Law's Chapter III provisions onmanagement anduseof stateproperty at state agencies. Article 36.- Management and use of state © VIETNAM LAW & LEGAL FORUM Issue nos og.10IAugust 2008 (Ch7g&lCl nos !11f.510&'.f1k"mIY:'r 11, 2lVI) OFFICIAL GAZETTE 15 Pf0rerty atsocio-political-professional organizations 1. Property being working ornces or other land­ attached property assigned by the State to socio­ political-professional organizations formanagement and usc come under the state ownership; the managementanduseof thisproperty comply with thisLaw's ChapterIII provisionson management and use of state property at state agencies. Socio­ political-professional organizations assigned to manage and use state property shall protect state property accordingto lawand maintainandrepair such propertywith theirown funds. 2. Property of thosekindsnotdefinedinClause 1 of this Article assigned hy the St:-lte to sC\C-io­ political-professional organizations formanagement and use come under these organizations' ownership; the management and use of this property comply with the civil law,relevant laws and the chartersof these organizations. Article 37.- Management and use of state property at social organizations, socio-profcssional organizations 1.Socialorganizations and socia-professional organizations shall themselves assure funds for investment in theconstruction andprocurement of their property; theState shall not assign property or provide budget supports for investment in the constructionor procurement of property at these organizations. 2.Property beingworkingoffices orotherland­ attachedpropertyalreadyassignedby the Stateto social organizations or socio-professional organizations formanagement andusecomeunder the slate ownership; the management and use of this property comply with this Law's Chapter III provisions onmanagement anduseofstateproperty st stare !lgf'flci~-: S(Il,'iBI org:mizatinns and ~io­ professional organizations assigned tomanage and use stateproperty shall protect the assigned stale propertyaccordingtolaw andmaintainandrepair such property with their own funds. 3.Property notdefined in Clause 2of thisArticle already assigned by the Stateto social organizations or socio-professional organization s for management and use come under these organizations' ownership; the managementanduse of thispropertycomply withthecivillaw,relevant laws and the charters of theseorganizations. Chapter VI IMPLEMENTATION PROVISIONS Article 38.- Guidancefor implementation To assign the Government to perform the following tasksinorder toensuretheenforcement of thisLaw: 1. To reorganize the management and use of state property for assignment purposes to ensure that state property which has not been used or used for improper purposes, in excess of the prescribed criteria or norms or against the prescribed regimes must be recovered before December31,2010; 2. To issue specific regulations on the switch of guest houses run by state agencies, political organizations or socio-political organizations to operate undermechanism applicable to publicnon­ businessunitsorenterprises. 3.Toissuespecificregulations onallowingthe useofhallsor meansof transport of stateagencies, political organizationsorsocio-political organizations © VIETNAM. LAW & LEGAL FORUM. 16 OFFICIAL GAZETTE Issue nos 09-10/August 2008 (Cling Btlonos 0ClJ-51O/SepterrtJer11, 2008) which have not been used at full capacity by agencies, organizations orunusfurproperpurposes with the collection of a certain sum to offset expenses. Article 39.-lmplementation effect This Law takes effect on January I, 2009. This 1 aw was passed on June 3, 2008, by the xtr: National Assembly of the Socialist Republic of Vietnam at its 3rt! session. L"hairnuln of the National Assembly NGUYENPHUTRONG © VIETNAM LAW & LEGAL FORUM