On May 15, 2018, the Government of Vietnam issued Decree 70/2018/ND-CP regulating the management and use of assets formed through the implementation of scientific and technological tasks using state capital.
Decree 70/2018/ND-CP provides certain regulations on equipment and assets to implement science and technology tasks as follows:
Sources of Assets
Decree 70 lists several sources of assets as follows:
Assets provided or transferred by the state:
- The responsible organizations and individuals must arrange and allocate existing assets to perform tasks. If the existing assets do not meet the task requirements, they must report to the competent authority or individual for decision on asset provision or transfer (if any) to carry out the tasks;- The authority to decide on asset provision or transfer is vested in the competent agency or individual approving the task in accordance with the Law on Management and Use of Public Property.
Assets obtained through leasing:
- Leasing assets is conducted under the following conditions:- The responsible organizations and individuals cannot arrange or allocate assets from the existing assets;- There are no assets available for transfer or the available assets can only partially meet the requirements;- The usage period of the assets is short (less than 50% of the usage period regulated for each asset) or the demand for use is infrequent;- Leasing the assets is more effective than purchasing them;- The responsible organizations and individuals draft a list of leased assets and include it in the task's budget estimate, submit it to the competent agency or individual for approval and proceed with the lease in accordance with the law on the management and use of public property;- After the competent authority or individual approves the leasing of assets, the responsible organizations and individuals proceed with the lease as per the law on the management and use of public property and related legal provisions.
Assets obtained through acquisition:
- Notably, asset acquisition for task implementation is only conducted when assets provided or transferred by the state and assets obtained through leasing cannot be applied;- Responsible organizations and individuals draft a list of acquired assets and include them in the task's budget estimate, submit it to the competent agency or individual for approval;- Following approval, the responsible organizations and individuals proceed with the acquisition of assets according to the regulations on asset procurement from the state budget.
Management and Use of Equipment and Assets for Implementing Science and Technology Tasks
According to Decree 70, responsible organizations and individuals are required to:
- Manage and use the assets purposefully; create, maintain separate records for the assets, manage, and archive the asset records as per regulations; fully enter asset information into the National Database on Public Assets (except for assets classified as special in the People's Armed Forces units);- Maintain and repair assets in accordance with the law. The costs for asset maintenance and repair are arranged from the budget for implementing the science and technology tasks;- Inventory and report assets as required by the competent agency or individual approving the science and technology tasks.
Upon completion of the task, the responsible organizations and individuals must draft a plan for handling the assets according to the regulations and then submit it to the competent agency or individual as specified in Articles 8 and 9 of this Decree for consideration and decision.
See more Decree 70/2018/ND-CP effective from May 15, 2018.
-Thao Uyen-
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