Decree No. 14/1998/ND-CP on the management of State property

Article 1.- forms to the State; property given as aid by foreign governments, non-governmental organizations and 1. State property are property formed by or derived other international organizations. from the State budget, property over which State ownership has been established by law, land, forests 5. State reserves property. mountains, rivers, lakes, water resources, underground 6. Land, forests, mountains, rivers, lakes, water natural resources, sea, continental shelf and air space resources, underground natural resources, sea, resources. continental shelf and air space resources (hereafter 2. Anypropertywhichareundertheentirepeople's collectively referred to as "other natural resources"). ownership and the right to ownership over which have been transferred by the State to political or socio- Article 3.- political organizations shall become property under 1. Scope of the State property management under the ownership of such organizations. this Decree:

Article 2.- The State property include: a/ For the State property in the administrative and non-business sector and the property prescribed .by 1. Property in the administrative and non-business law as under State ownership, the regulations on sector which are allocated by the State to State property registration and reporting, the regulations on agencies, non-business units, armed forces units, the competence to decide the procurement and receipts political organizations, socio-political organizations, of property and the regulations on management, use social organizations and socio-professional and disposal of property shall apply; organizations for management and use, including: b/ For State reserve property, the regulations on a/Land; property reporting, and the regulations on financial b/ Houses and other constructions associated with management in the process of purchase and sale and land; the management of the State budget capital for reserves shall apply. The management of reserve property in c/ Other property associated ·with land; kind must conform with current regulations of the di Communication and transport means, working Government: equipment and facilities and oi.her property. cl For the State property which are infrastructure 2. Infrastructural propert);'iµ si::rvice of public and in service of public and national interest, land and other national interests, including: natural resources, the regulations on property a/ The system of communication and transport reporting, on financial management in the process of work; inspection, planning, prospection, measurements and determination of property as well as the regulations b/ The system of irrigation works; on :financial management in the process of maintenance, cl Lighting system and system of water supply and repair, renovation, exploitation and use of property drainage; shall apply; d/ Cultural works; 2. For the State property invested in enterprises, their management shall comply with the provisions of e/ Other infrastructure works; law on enterprises. 3. State property at enterprises. For the property in the security and national 4. Property prescribed by law as being under State defense sector, management shall comply with separate ownership, including: regulations of the Government. a/ Property as material evidences and means oflaw For the residential houses owned by the State, violation, which are confiscated and remitted to the management shall comply with the provisions of law No.10 (10-4-1998) OFFICIAL GAZETTE 25 on residential houses. business sector must be used for the right purposes and in accordance with regulations, criteria and quotas;

Article 4.- The State property shall be examined, they must not be used for personal, business and other inventoried, registered and controlled as for their kinds purposes, except otherwise provided for by law. and value in accordance with the provisions oflaw. 2. The Prime Minister shall provide for the criteria and quotas for the use of cars, working offices and

Article 5.- other construction works in the administrative and non- 1. The ministries, the ministerial-level agencies and business sector. agencies attached to the Government (hereafter referred Article 9.- The agencies directly managing and collectively to as ministerial-level agency), the People's using State property shall have to: Committees of the provinces and cities directly under the Central Government (hereafter referred collectively 1. Register the property with the competent State to as provincial level) shall be responsible for the financial agency(agencies). management, examination and inspection ofthe use of a/ Property subject to registration include: houses, State property in their respective branches and land and other construction works associated to them, localities in accordance with this Decree and relevant communication and transport means and other property legal documents. of big value; 2. Other State bodies at the central level, political, b/ To be registered shall be the names, socio-political, social and socio-professional characteristics, code of property, area (house or land), organizations at the central level (hereafter referred technical specifications, use purposes, and use collectively to as organizations at the central level) shall duration; have to manage and inspect the use of State property in their respective organizations in accordance with law. cl For the State property defined in Point a, Clause 1 of this Article, the organizations directlyusingthem

Article 6.- Organizations and individuals assigned property shall have to complete registration procedures to directly manage and use State property shall have to: in accordance with regulations of the Ministry of Finance right after their procurement or after the 1. Manage and use State property in accordance completion of procedures to receive them by decision with the provisions of this Decree and relevant legal of the competent State body or after the project is documents; handed over and put to use; 2. Draw up and execute plans on construction, 2. Open books for monitoring all property as to procurement, repair, renovation, liquidation of State their quantity and value. property assigned to them in accordance with S~ate 3. Submit annual and e~1raordinary reports on State regulations; use State property for the right purposes property according to the following stipulations: and in accordance with regulations, criteria and quotas. a/ Organizations directly managing and using 3. Protect and preserve State property. centrally-managed State property must send reports to their immediate superior management agencies so

Article 7.- It is strictly forbidden to use State that the ministries, the ministerial-level agencies and property for wrong purposes and in contravention of agencies attached to the Government, other State the regulations, criteria and quotas stipulated by the bodies and organizations at the central level shall make competent State body. integrated reports on the State property within their respective ministries, agencies and units and send them Chapter II to the Ministry of Finance; b/ Agencies directly managing and using State MANAGEMENT OF STATE PROPERTY property under focal control must send reports to their immediate superior management agencies so that ScdionLMA.NAGEMENTOFSTATE departments, sections, agencies and units attached to PROPERIYIN'IHEADMINISTRATIVE the provincial People's Committees and the People's AND NON-BUSJNESS SECTOR Committees of districts, communes, provincial towns and cities (hereafter referred collectively to as district level) make integrated reports on State property in their

Article 8.- respective agencies and units then submit them to the 1. The State property in the admi11istrative and non- provincial/municipal Price and Finance Departments, 26 OFFICIAL GAZETTE No.10 (10-4-1998) which shall make integrated reports on propertyooder means and equipment, on the criteria and quotas for local management then submit them to the provincial the use of cars as provided for by the Prime Minister People's Committees and at the same time to the as well as criteria and quotas for the use of each type Ministry of Finance; of property as provided for by the competent State c/ The Minist:Iy of Finance shall have to examine, bodies, determine their demand for procurement of transport means and working equipment, then make analyze and synthesize all reports, then report to the Prime Minister on the management and use of State the estimates and submit them ·to their immediate property in the administrative 31.).d non-business sector superior management bodies, so that: throughout the country. a/ The ministries, agencies and organizations at the central level can make sum-up reports to the

Article 10.- Investment in the construction of Ministry of Finance; houses and/or other works and property associated with land in the administrative and non-business sector b/ Provincial/municipal Departlnents and sections shall be effected as follows: and the local agencies and the People's Committee of district level make sum-up reports to the provincial/ 1. Every year, units dependent on State budget shall municipal Price and Finance Departments; prepare a report to their superior management bodies 2. The competence to decide the procurement of on their demand for new, additional or other transport means and working equipment are stipulated constructions and property associated to land so that: as follows: a/ The ministries, agencies and organizations at a/ Th~ Minister of Finance shall evaluate and the central level make integrated reports and send them include into the central draft budget expenditures the to the Ministry ofFinance and the Ministry ofPlanning procurement oftransport means and working equipment and Investment; for administrative and non-business bodies at the b/ The provincial/municipal Departments or central level and submit such estimates to the sections and the People's Committees at the district competent level for decision in accordance with State level make an integrated report and send it to the Budget legislation; provinciaVmunicipal.Price and Finance Department and b/ Directors of the provincial/municipal Price and the Planning and Investment Department. Finance Departments shall evaluate and submit to the 2. The State financial bodies shall coordinate with Presidents of the provincial People's Committees for the Planning and Investment agencies, based on the consideration and decision the inclusion of the actual situation of houses and other construction procurement of transport means and working equipment works of the administrative and non-business agencies, for local administrative and non-business bodies into on the criteria and quotas for the use of houses and the local annual draft budget expenditure and submit other construction works by each agency, •evaluate it to the competent level for decision in accordance the demand for construction investment and make with provisions of State.Budget legislation. decision or submit to the competent level for decision 3. After the draft expenditures on the procurement on the list of projects and investment capital for of transport means and working equipment have been construction to be included in the annual State budged approved by the competent level: estimates in accordance with State Budget legislation. a/ The State financial bodies shall allocate 3. The competence to decide the construction procurement funds to each administrative and non- investment shall comply with the current State business agency according to the approved budget; regulations on management of investment and construction. b/ Administrative and non-business agencies shall have to use such funds for the right purposes and 4. After obtaining construction permit, investors procure property in accordance with regulations of the shall have to organize the implementation and Ministry of Finance and abide by the regulations on management thereof in accordance with the current property registration and reporting as stipulated in State regulations on capital construction. Article 9 of this Decree;

Article 11.- The procurement of transport means cl At the end of a budget year, the administrative and working facilities for admirustrative and non- and non-business agencies shall have to fully and business agencies shall be carried out as follows: properly settle the expenses for property procurement as stipulated by State Budget legislation. 1. Every year, the units dependent on State budget shall, based on the actual conditions of their existing Article 12 ..:. Maintenance and repair of State No.10 (10-4-1998) OFFICIAL GAZETTE 27 property in the administtative and non-business sector ministries, agencies and organizations at the central shall be carried out as follows: level, between administrative and non-business agencies at the central level. and other organizations at 1. All State property in the administrative and non- the proposals of the Minister ofFinance and concerned business sector must be maintained and repaired in ministers or heads of agencies; accordance with the regulations on technical maintenance criteria and use of property as provided Where necessary, the Prime Minister shall decide for by the competent State body and with the approved the transfer of property which aer houses, land or other draft budget. constructions associated with land and other important property between administrative and non-business 2. Every year, the units dependent on State budget agencies at the central level and administrative and shall base themselves on the actual status of their non-business agencies at local level at the proposals property and the technical criteria for the management of the Minister of Finance, concerned ministelS or and use of State property to estimate e>..-penses for heads of agencies at the central level or presidents of maintenance and repair ofproperty and submit them to the provincial People's Committees; their immediate superior management agencies, so that: a/ The ministries, agencies and organizations at b/ The Minister ofFinance shall decide the transfer the central level make a sum-up report to the Ministry of the other State property among the ministries, of Finance for evaluation and inclusion of such agencies and organizations at the central level; estimates into the draft budget and submit them to the between centrally-run administrative and non-business competent level for decision in accordance with the agencies and other organizations at the proposals of provisions of the State budget legislation; relevant ministries and agencies; b/ Provincial/municipal Departments, local Where necessary, the Ministry of Finance shall agencies and the People's Committees of district level decide the transfer ofthe other State property between shall make integrated reports to the provincial/ centrally-run administrative and non-business municipal Pricing and Finance Departments for agencies and locally-run administrative and non- evaluation and inclusion of such estimates in the draft business agencies at the proposals of concerned budget and submit them to the competent level for ministries, central agencies and presidents of the decision in accordance with the provisions of the State provincial People's Committees; budget legislation; cl The ministers, the heads ofthe ministerial-level 3. After the draft expenses for maintenance and agencies and agencies attached to the Government repair ofproperty have been approved, administrative shall decide the transfer of State property among and non-business agencies shall have to use such administrative and non-business units under the direct funds for the right purposes and in an effective manner. management of their respective branches and report At the end of a budget year, they must fully settle the them to the Ministzy of Finance as prescribed in this allocated funds and report on the maintenance and Decree; repair results to the State financial bodies directly d/ The presidents of the provincial People's allocating the funds. Committees shall decide the transfer ofproperty among

Article 13.-The transfer of State property in the their local administrative and non-business bodies at administrative and non4:msiness sector shall be carried the proposals of the Directors of the provincial/ out as follows: municipal Price and Finance Departments and heads of the trans{ening or receiving agencies or units. l. State property that are being managed and used by administrative and non-business agencies shall be 3. All State property, when transferred from one transferred only to other administrative and non~ agency to another, must be inventoried and their business agencies by decision of the competent State remaining values must be determined in order to record bodies, except special cases where the competent State the increase or decrease in property and their values, agencies issue order on the transfer of property to and re-register all the property subject to registration. combat natural disasters or enemy sabotage. 4. The Ministry of Finance shall provide for 2. Competence to transfer State property: conditions, order and procedures for the transfer of State property among administrative and non-business a/ The Prime Minister shall decide the transfer of agencies. State property which are land, houses and other constructions associated with land among the Article 14.- Recovery of State property in the 28 OFFICIAL GAZE'ITE No.10(10-4-1998) administrative and non-business sector: Sectionll MANAGEMENT OFSTA1EPROPERTY WIIlCHAREINFRASTRUCTUREJNSERVICEOF I. State property shall be recovered in the following PUBLIC AND NATIONAL INTERESTS circumstances: a/ When the units assigned with State property for Article 17.- direct use no longer have demand therefor or such demand decreases due to incorporation, merging or 1. Organizations assigned the task of managing, change of functions, duties or for any other reasons; exploit and using the State property which are infrastructure shall have to register those property in b/ The quantity of State property is exceeding the service of public and national interests with the State prescribed level. financial bodies, to open books of supervision of the 2. Competence to recover State property: property in kind and value and report to their immediate superior management bodies in order te make a/ The Prime Minister shall decide the recovery of integrated reports to the State financial agencies. land, houses and/or other constructions associated with them; the Minister of Finance shall decide the 2. The State property registration content and recovery of other property under the .management of procedures and reporting order shall comply with the ministries, agencies or organizations at the center; Article 9 of this Decree. b/ The presidents of the provincial People's Article 18.- Investment in the construction of new Committees shall decide the recovery ofland, houses State property which are infrastructure in service of and other constructions associated with them as well public and national interests shall be carried out as as transport means; the Directors of the provincial/ follows: municipal Price and Finance Departments shall decide the recovezy ofother property under local management 1. Basing themselves on the annual and long-term orientations for the development of infrastructure in 3. Administrative and non-business agencies that service ofpublic and national interests ofthe ministries, directly manage and use the State property to be State bodies as well as central and local organizations, recovered shall have to fully transfer such State the concerned ministries, agencies and provincial property in accordance with the recovery decision. People's Committees shall have to work out investment 4. The State financial bodies shall have to receive projects to develop infrastructure and submit them to and manage the recovered property and draw up plans the competent State bodies for decision in accordance for the use of such property to be submitted to the with the current State regulations on management of State body competent to transfer State property in investment and construction. accordance with Article 13 of this Decree for decision. 2. When any such project is completed and put to

Article 15.- Disposal of State property which are use, the agencies directly managing and using State no longer in use or unusable: property shall have to open books monitoring the property in kind and value and abide by the reporting 1. State property which are no longer in use or regime prescribed in Article 17 of this Decree. unusable in administrative and non-business agencies must be disposed of and promptly liquidated in Article 19.- The maintenance, repair orupgrading accordance with the regulations of the Ministry of of infrastructural State property in service of public Finance. and national interests shall be implemented as follows: 2. All proceeds from such liquidation of State 1. Basing themselves on the regulations on the use, property shall be remitted into the State budget maintenance, repair or upgrading of property and their according to regulations after deduction of all expenses actual conditions, the organizations which directly and costs related to the maintenance and liquidation manage, exploit and use the State property shall of such property. annually make a plan on expenses for maintenance, repair or upgrading of property and submit them to

Article 16. - State property assigned to social and/ their managing agencies for consideration and or soci9-0Ccupational organizations for their direct use integrated report to be sent to the State financial bodies and management shall be transferred, recovered or of the same level; disposed of accordingto Articles 13, 14 and 15 of this Decree. Particularly for the working offices of such 2. The .State financial bodies shall coordinate with social and/or socio-professional organizations, they related branches, on the basin of the plans for shall be leased by the State. maintenance, repair orupgrading of property ofun1fs No.10 (10-4-1998) OFFICIAL GAZETTE 29 and of the balance capability of the State budget, in shall complete procedures for the hand-over to the evaluating such estimates and submit them to the State financial bodies; the State financial bodies shall competent level for approval and inclusion into the coordinate with related agencies to work out plans for annual State budget estimates. the use of such property then submit them to the Prime 3. Basing themselves on the approved estimates, Minister for decision if they are real estate, managed the State financial agencies shall allocate, manage, by the Central Government, and to the concerned presidents of the provincial People's Committees for supervise and inspect the use ofcapital and participate decision if they are immovable property under local in the hand-over and final settlement of projects upon management, and shall organize the implementation of their completion. the plans which have been approved by the Prime 4. Agencies which directly manage and exploit State Minister or the concerned presidents of the provincial property shall have to use the funds for the right People's Committees. purposes and in accordance with the approved estimates. In cases the immovables currently managed by the State financial bodies include property recovered under Section Ill. MANAGEMENT OF CERTAIN Articles 14 and 34 of this Decree and still left unused PROPERTYPRESCRJBED BY LAW due to the lack of any decision thereon from the AS STATE-OWNED competent State body, the State financial bodies may lease such property to increase the State budget revenue and cover maintenance costs. Whenever there

Article 20.- The disposal of abandoned, buried or is the State body's decision on the use of such sunk property which have been found, or dropped or immovable property, the State financial bodies shall forgotten property belonging to the State as prescribed have to recover the leased property and implement by civil law; property confiscated to the State fund such decision. shall be provided for as follows: 1. For property which are sold, with proceeds Article 21.- All proceeds from the sale of property therefrom being paid to the State budget, the prescribed by law as State owned must be paid to the concerned State financial body shall complete State budget after minussing all expenses relating to procedures for receiving such property and organize the search, verification, excavation, salvage or auctions in accordance with law. inspection, seizure, transport, hand-over and receipt, keeping and maintenance, reward, organization of 2. For vulnerable goods and objects, the agencies auctions and payments to the people entitled to enjoy which issue decisions on the confiscation thereof or part of the property value in accordance with law and the judgement-executing agencies regarding the other expenses. property to be confiscated by court order or agencies that directly manage such property shall have to make Article 22.- Organizations and/or State bodies with records thereof and immediately organize their sale in property donated, given, inherited, contributed or accordance with law. transferred by domestic or foreign organizations and 3. For property to be transferred to other individuals in other forms shall have to notify the State organizations for use and management, the State financial body of the same level thereof and to manage financial bodies shall, together with the agency(ies) and use such property in accordance with State currently managing such property, determine the value regulations. of such property to record budget credits and debits, The State financial body shall have to detennine and property increase and complete procedures for the value of property for purpose of recording the State transferring the property to the receiving units for budget credits and debits and at the same time the management and use. property increase for the units using such property. 4. For the property which are antique, historical or cultural relics, the receiving units shall have to notify Article 23.- Property which are non-refundable aid the State financial body thereof so that the latter shall shall be managed as fo11ows: determine the value of the property, complete 1. Organizations and units receiving aid property procedures for hand-over and record as property shall have to notify the State financial bodies thereof increase for the State bodies entrusted to manage and for recording the State budget credits and debits and use such property. for recording the increase of State property which are 5. For property which aer immovables, the commodities or materials for such organizations and organizations or individuals that are managing them units sot.hat such property shall be managed and used 30 OFFICIAL GAZETTE No.10 (10-4-1998) in accordance with State regulations. Property which Article 27.- For land and other natural resources, are aid in kind, must be evaluated in prices before the specialized land and natural resources management recording the State budget credits and debits. agencies shall have to send annual or extraordinary 2. Property which are aid for projects or in service reports on the land funds, reserves of natural resources, of the operation of the Project Management Boards data and information on natural resources, results of shall be considered State property. Upon the surveys, explorations and/or prospections to the completion of a project, the Project Management Board competent State body and the Ministry of Finance. shall have to notify the concerned State financial body thereof for determining the remaining quantity and Article 28.- The management offunds for surveys, value of such property then transfer them to the using planning, measurement and making cadastral maps; agency(ies) by decision of the competent State body. and for natural resource survey, exploration, and The property receiving unit shall manage and use the prospection (excluding oil and gas) shall be provided property in accordance with this Decree and related for as follows: legal documents. 1. Basing themselves on the work load in surveys, planning, measurement and making cadastral maps, the Section Iv. MANAGEMENTOFTHESTATE mineral resource surveys, exploration and RESERVEPROPER.'IY prospections, surveys and protection of forest resources and aquatic resources (hereafter collectively

Article 24.- Organizations entrusted by the referred to as basic survey and resource protection), Government to manage State reserve property shall which have been approved by the competent State have to examine and revaluate the existing property in bodies, the agencies assigned the work of conducting terms of quality and quantity and determine the level basic surveys and preserving natural resources shall of State reserve; submit periodical or irregular reports have to make expenditure estimates and submit them to the National Reserve for sum-up reports to be sent to their immediate superior management bodies as well to the Prime Minister and the Ministry ofFinance and as the State financial bodies and Planning and the Ministry of Planning and Investment. Investment agencies for inspection before including such estimates into the draft State budget as prescribed

Article 25.- The National Reserve shall have to by the State budget legislation. synthesize demands for reserve goods and supplies 2. Basing themselves on the approved State budget and consult the Ministry of Planning and Investment estimates, the State financial bodies shall allocate funds and the Ministry ofFinance so as to draw up plans on and inspect the use thereof as well as the final goods and supplies reserves to be submitted to the settlement of funds according to the current Prime Minister for approval. regulations on financial management. The Ministry ofFinance shall evaluate the demand

Article 29.- for capital addition to goods and supplies reserves for inclusion into the draft State budget as prescribed by 1. The State financial bodies shall submit to the the State Budget legislation. competent State body for decision the plans to determine revenue sources and expenditures before

Article 26.- The Ministry of Finance shall deciding to recover, allocate or lease the land. coordinate with the National Reserve and concerned ministries as well as branches in: 2. The State financial bodies shall assume the prime responsibility and coordinate with concerned branches 1. Inspecting reserve goods and supplies which in determining the land prices and submit them to the are damaged, degraded, lost or redundant and report competent State bodies for decision, which shall serve to the Prime Minister for consideration and decision; as basis for the payment of compensation when land 2. Inspecting the final settlement of the State budget is recovered and the collection ofland use levies when funds, including funds for the purchase of reserve the land subject to such levies is allocated, for the goods and supplies; funds to compensate natural land use right auctions, the determination of the land losses during the course of setting up reserve and use right value to be used as capital contribution to funds for the preservation and maintenance of reserve joint ventures, the determination of property value goods and supplies. upon allocation ofland, the determination ofland rent. 3. The exploitation and use of natural resources Section V. MANAGEMENTOFLANDAND OTHER shall be effected by bidding or exploitation contracts. NATURALRESOURCES The Ministry of Finance shall coordinate with the No. I O(10-4-1998) OFFICIAL GAZETIE 31 concerned ministries and specialized management 3. To inspect the management and use of State branches in determining the bidding prices, the value property by units under their charge. of exploitation contracts, stipulating form of bidding 4. To strictly comply with the regimes of accounting, for each specific case, working out the regime of registration and reporting on State property as financial management in the natural resource surveys, provided for in this Decree. exploration, exploitation and use. 4. Organizations and/or individuals using State data Article 33. - Duties and powers of the provincial and information on the results of natural resource People's Committees: surveys, prospections and explorations for the 1. To organize the management and the use of State purposes of mining or further exploration in order to property in accordance with the prescribed regime, mine shall have to pay for the use thereof according to criteria and quotas. the provisions oflaw. 2. To inspect the management and use of State Chapter III property by all branches and levels under their management DUTIES AND POWERS IN THE 3. To decide on construction investment, MANAGEMENT OF STATE PROPERTY procurement, transfer and recovery of State property in their localities in accordance with the provisions of

Article 30.- The Government shall exercise the this Decree and other provisions oflaw. uniform management of State property. 4. To decide on measures to enhance the management of State property.

Article 31.- Duties and powers of the Ministry of Finance: 5. To direct branches and levels to strictly comply with the regimes of accounting, registration and 1. To work out plans and submit to the Government reporting on State property in accordance with this for decision the orientation for the development and Decree. use of State property in the administrative and non- business sector; 6. On the basis of the local situation, to assign responsibilities for management of State property to 2. To assume the prime responstbility and branches and levels under provincial management. coordinate with ministries and branches in elaborating the management regime, criteria and quotas for the use Chapter IV of property in the administrative and non-business sector; HANDLING OF VIOLATIONS 3. To assume the prime responsibility and AND COMMENDATION coordinate with ministries and branches in elaborating the regime, criteria and quotas for expenditures and Article 34.- All breaches of the regulations on management of expenditures in order to manage, exploit management and use of State property shall be dealt and use State property in an effective manner; with in accordance with the following provisions: 4. To organize the management and inspect the use 1. Organizations and/or individuals that directly of State property in the ministries, branches, localities manage and use State property but fail to register and and units which are assigned the task of directly report on such property as stipulated by this Decree managing and using State property. shall:

Article 32.- Duties and powers of the ministries, a/ Be compelled to register and report on the centrally-run agencies and organizations that manage property at the request of the State financial bodies; and use State property: b/ Have their property withdrawn ifit is discovered 1. To work out plans for construction investment after inspection that such property exceed the and procurement of State property to be managed and prescribed use quota or criteria or if they are used by their respective agencies, units. ineffectively used; 2. To manage and use the State property assigned 2. Organizations or individuals that use State to the ministries and branches for management and property in contravention of the prescribed quotas or use in accordance with the regime, creteria and quotas criteria, shall have the property withdrawn. prescribed by the State. 3. Upon the competent State body1s decision on 32 OFFICIAL GAZETTE No.10 (10-4-1998) withdrawal of property, if any organizations and/or Article 38.- This Decree takes effect 15 days after individuals using State property fail to hand over the its singing. All the earlier regulations on management property in time: • and use of State property which are contrary to this Decree are hereby annulled. a/ They shall be forced to hand over the property at the request of the State financial bodies; The Minister of Finance shall have to guide in detail b/ All these property shall be converted to the form and organize the implementation of this Decree. of leasing and they shall have to pay for the lease of State property. Article 39.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies 4. If any organizations and/or individuals use State attached to the Government, the presidents of the property not for the right purpose: People's Committees of the provinces and cities a/ All the revenues from such wrong use of State directly under the Central Government and the heads property shall be recovered; of concerned agencies and organizations shall have to implement this Decree. b/ If the property continues to be used for the wrong purpose even after the handling, the property shall be withdrawn. On behalfofthe Government 5. Competence to deal with breaches of the For the Prime minister regulations on management and use of State property Deputy Prime Minister as stipulated in Clauses 1, 2, 3 and 4 of this Article: NGUYENTANDUNG a/ The agencies competent to withdraw property or convert it to the leasing form shall be the agencies competent to withdraw property as provided for in Clause 2, Article 14 of this Decree; b/ The recovery of revenues from wrong use of State property shall fall under the jurisdiction of State financial bodies.

Article 35.- If any organizations and/or individuals assigned the task of directly managing and using State property breach the provisions on the management and use of State property as prescribed in this Decree and relevant legal documents, they shall be subject to discipline, loss compensation or exantination for penal liability in accordance with law, depending on the seriousness of their breaches.

Article 36.- If organizations and/or individuals that are dealt with for breaches of the regulations on the management and use of State property deem that the sanctions are unfair, they shall be entitled to lodge complaints to the agencies that have issued the settlement decisions. The agency(ies) which are complained against shall have to settle the matter in accordance with the Law on Citizens' Complaints and Denunciations and pay compensation for damage (if any) in accordance with law.

Article 37.- Persons who have merits in detecting acts of infringement upon or waste of State property shall be rewarded according to current State regulations. Chapter V FINAL PROVISIONS