Decision No. 115/2008/QD-TTg promulgating the Regulation on publicity of the management and use of state property at state agencies, public non-business units and organizations assigned to manage and use state property

50 OFFICIAL GAZETTE Issue nos 09-10/August 2008 (GOng Bao nos fm-61OISepternrer11, 2008) THE PRIME MINISTER DECISION Nu. 115/Z008/QD-TTg OF AUGUST27, 2008,PROMULGATING THE REGULATION ON PUBLICITY OF THE MANACEMENT AND USE OF STATE PROPERTY AT STATE AGENCIES, PUBLIC NON-BUSINESS UNITS AND OR~ANIZATTONS ASST~NF.n TO MANAGE AND USE STATE PROPERTY THE PRIME MINISTER Pursuant to the December 25, 2001 Law on Organization of the Government" Pursuant to the November 29, 2005 Law on Thrift Practice and Waste Combat; Pursuant to the November 29, 2005 Anti­ Corruption Law and the August 4, 2007 Law Amending and Supplementing a Number of Articles of the Anti-Corruption Low; Pursuant to the June 3, 2008 Law on Management am] Use of State FlUjJt:I ty, At the proposal of the Minister of Finance, DECIDES: Article 1.- To promulgate together with this Decision the Regulation on publicity of the management and use of state property at state agencies, public non-business units and organizations assigned to manage and use state property. © VIETNAM I AW P. lEGAll=ORlIM Issue nos 09·10lAugust 2008 fCOno fuooos5m-S1fYSe!iemJ;er 11.2LUl) OFFICIAL GAZETTE 51 Article 2.- This Decision takeseffect 15days after itspublication in "CONGBAO." Article3.- Ministers,headsofministerial-level agencies,heads of government-attachedagencies vr other ceuual agencies and presidents uf provincial/municipal People's Committees shan implementthis Decision. Prime Minister NGUYEN TANDUNG REGULATION ON PUBLICITY OF THE MANAGEMENT AND USE OF STATE PROPERTY AT STATE AGENCIES, PUBLIC NON-BUSINESS UNITS AND ORGANIZATIONS ASSIGNED TO MANAG.t<.; ANU USE STATE PROPERTY (Promulgatedtogetherwiththe PrimeMinister's Decision No. 11512008l0D-1Tg ofAugust 2? 2008) Chapter I GENERAL PROVISIONS Article 1.- Subjects and scope of application of publicityof statepropertymanagementand use 1.Subjectsofapplication: stateagencies, public non-business units,politicalorganizations, socio­ political organizations, socio-political-professional organizations, social organizations and socio­ professional organizations (below collectively referred {O as agencies, units and organizations), which are assigned to manage and use state property. Thepublicity of staleproperty classifiedas state secrets, stateproperty inagenciesandarmedforces units under the Ministry of Defense and the Ministry ofPublic Security, andproperty ofoverseas Vietnameserepresentative missionsmust comply with separate regulationsof thePrime Minister. 2. Scope of application:The publicity of state property managementanduseunder thisRegulation applies to property ofthe following kinds: houses, architectures,constructionworks, vehicles, fixed (tangible) assets under the State's regulations on managementoffixed assets whichareformedwith thestatebudgetor of statebudgetorigin;aids,gifts and donations given by domestic and foreign organizationsand individuals; state-ownedassets as prescribed by law, which are assigned by the State to agencies, units and organizations for management and use. Article 2.- Publicityprinciples Adequate,timelyand accurate informationon property management and use must 00 publicized suitablyto informationsuppliersandrecipients in the formsspecifiedinArticle3 of thisRegulation. Article 3.- Fonns ofpublicity I. The publicizationof property tn:IJ1.agement and use under thisRegulation shaII herrmducred in the following forms: aJ Announcement at annual meetings of agencies, units ororganizations; b1Distributionofpublications; cI Public posting-up at working offices of agencies, Units or orgamzanons; © VIETNAM LAW & LEGAL FORUM 52 OFFICIAL GAZETTE Issue nos 09-10/August 2008 (GOng Baooos [i)9.510/Sepiemter 11. 2(08) dI Sending written notices to concerned agencies, units, organizations andindividuals; e/Uploading ontowebsites; ff Notificationon the mass media. 2. Basedon thecontent." objects, purposes and time of publicization and actual conditions of agencies, units and organizations assigned to manage and use state property, ministers, heads ofministerial-level agencies, government-attached agencies orcentral organizations (below collectively referred toas ministrtes and central agencies) awl presidentsofprovincial-level People'sCommittees shalldecide on thefOnTIS of publicityof the to-be­ publicized contents specified in Articles 4,5,6,7 and8,app.Iicable to agencies, units andorganizations under their management, ensuring efficiencyand thrift Chapter 1I RRGUl.ATTONS ON CONTENTS OF PUBLICITY OF STATE PROPERTY MANAGEMENT AND USE Article 4.- Publicity of regulations on state property managementand use 1.Headsofagencies. units ororganizations shall formulate andpublicize regulationsonstate property managementand useapplicable to theiragencies, unitsor organizations. 2. The contents specified in Clause 1 of this Articlemustbepublicizedwithin30 daysafterthe above regulations take effect Article 5.- Publicityof funds for and plans on procurementandfurnishingof stateproperty 1. Based on allocated state budget estimates, ministries, central agencies and People's Committees atalllevels shall publicize theallocation ofestimatedfundsforprocurement andfurnishing of statepropertytounitsundertheirmanagement. 2. Based on allocated state budget estimates, agencies, units andorganizations shall publicizecost estimates, quantity, kinds, and plans for and modes of procurement and furnishing of their state propertyandimplementation results. 3. The contents specified in Clause J of this Articlemustbe publicized within30daysafterthe estimated funds for property procurement are approved by competent authorities; the contents specified in Clause 2 of this Article must be publicized within 30 days after completing the procurement and furnishing of state property. Article 6.- Publicity of state property managementand use 1.Agencies,unitsor organizations assignedto directly manage and use state property shall publicize UIt: quanti ty and value ofallocated state property (including the cost price and remaining value), fOnTIS and purposes of using property specified in Clause 2, Article 1 of this Re gulation, 2.Unitsor organizations licensedto lea<>e state propertyshall publicize thequantityand kindsof property,leasingmodes and the managementand use of revenues from such lease. 3. Those who are paid commissions. sales discountsor sales promotionmoney by property sellersor suppliersshallpublicize thereceipt and handling ofsuchcommissions, discounts or money . © VIETNAM LAW & LEGAL FORUM ~e nos 09·10/August 2008 (GOng Bsoto: fiB.510SerJetrlt« 11, 2ill8) OFFICIAL GAZETTE 53 inaccordance with law. 4. The to-be-publicizedcontents specified in Clauses 1and 2 of thisArticlemustbe publicized annually, within30 daysaftertheendof a calendar year. Article 7.- Publicity ofreplacement, liquidation, sale.. transfer OT orhr-r form" of ownership transformation of stateproperty Annually, within 30 days after the end of a calendar year, agencies, units or organizations assignedto directlymanageand useproperty shall publicizethequantity, kindsandvalue ofreplaced, liquidated. sold. transferred or destroyed pmpE"rty, property subject to ownership transformation as well as relevantrevenuesandexpensesaccording toregulations. Article 8.- Publicity of management and usc ofaids,giftsand donations Within 30 daysafterreceiving assets beingaids, giftsor donations, thereceiving agencies andunits shall publicize competent agencies' decisions to handle these assets and their own plans to use theseassetsand reportthem to superior managing agencies accordingto regulations. Chapter III REGULATIONS ON REPORTING ON PUBLICITY OF STATE PROPERTY MANAGEMENT AND USE Article 9.- Reporting on state property management and usepublicity andsituation 1. Ministers, heads of central <lgencies and prestoents ofprovincial-level people'S Committees shalldirectthesynthesisandpublicizationof data on the management !lncinsf',of "t:ltf', property under their management andreport on the publicityof stateproperty managementand usetotheMinistry of Finance within 60 days after the end of a calendar year. 2.TheMinister ofFinance shallsynthesize and publicize data ou thcmanagement and use ofsane property by ministries, branches and central and localorganizations nationwide, thenreportsuch to the Government for submission to the National Assembly within 90daysaftertheendofacalendar year. 3.TheMinisterof FinanceshaH specifyforms of reports on theimplementation of staleproperty managementand usepublici tyregulationsand on the statepropertymanagementand use situation. Article 10.- Implementation inspection and supervision 1. Ministries, central agencies and People's Committees atalllevelsshallregularlyinspectthe publicity uf state property management and use by unitsundertheirmanagement. 2. Vietnam FatherlandFrontCommitteesat all levels, socio-political organizations, mass organizations within agencies and unitsandpeople shall takepart in supervising thepublicityof state propertymanagement and use in accordancewith thisRegulation. Article 11 - Qlle~:lionin8 1. Organizations, units and individuals that receive information on the publicity of state property managementanduseunder thisRegulation © VIETNAM LAW &LEGAL FORUM 54 OFFICIAL GAZETTE Issue nos 09·10/August 2008 (GOng Baa nosEiJM1OISeptember11, 2(08) may question agencies, organizations or unitsabout such information. 2. The questioning must comply with the regulations on publicity and democracy exercise at the grassroots level, the law on complaints and denunciationsand relevantprovisions of law. Arlicw.12.- Answering questions Persons in charge of publicizingstateproperty management and use under this Regulation shall answer questioners'questionsaboutthepublicized contents within 30 days after receiving such questions. Forcomplicatedquestionswhichrequiremuch time for preparing answers, the time limit for answering may be extended for \5 days but such extensionmust be notified toquestioners within 5 days after'the expirationof the original time limit. Answerstoquestionsmust be given directlyor in writingto questioners. Chapter IV ORGANIZATION OF IMPLEMENTATION Article13.- Handling of violations Foragencies, organizations, unitsor individuals that fail to strictly observe this Regulation's provisions on publicity of state property management and use, heads of those agencies or units and concerned individuals shall, depending on thenature and severity of their violations, be disciplinedorexaminedforpenalliability according to law. Article 14.- hnplementation responsibilities I. The Ministry of Finance shall assume the prime responsibility for, and coordinate with concerned ministries and branches in, guiding and examining ministries, central agencies and provmcial-level People'sCommittees ill orgarnzmg the implementationof thisRegulation. 2. Ministers. heads of central agencies, presidents of provincial-level People'sCommittees, and heads of concerned agencies, organizations and unitsshall implementthisRegulation. Prime Minister NGUYEN TAN DUNG @ VIETNAM LAW & L.EGAL FORUM