Handling of Equipped Assets upon the Completion of Science and Technology Tasks

According to Decree 70/2018/ND-CP, assets provided at the conclusion of scientific and technological tasks are handled according to the following stipulations:

Form of Disposal:

Decree 70 provides several forms of asset disposal as follows:

Transfer of assets to the presiding organization:

- By recording an increase in assets and asset value for the presiding organization, which is a state agency, public service provider, unit of the People’s Armed Forces, the Communist Party of Vietnam, and socio-political organizations;- By recording an increase in state capital invested in enterprises for presiding organizations that are 100% state-owned enterprises, or enterprises with partial state capital if the enterprise agrees to adjust the capital structure.

Direct Sale to the Presiding Organization or Individual:

- In cases where the presiding organization is a 100% state-owned enterprise, or an enterprise with partial state capital does not accept the increase in capital and requests to purchase the assets in writing;- For enterprises without state capital and individuals presiding over the scientific and technological tasks.- Granting usage rights to the organization or individual presiding over the task in cases where the presiding organization or individual, as regulated, does not accept to buy the assets and is considered and decided on by the Minister of Science and Technology (for national-level scientific and technological tasks, except for tasks assigned by central ministries and agencies), the Minister, or the head of central agencies (for ministerial-level tasks and national tasks managed by assigned authorities), the chairman of the provincial People’s Committee (for local-level tasks), based on the conclusions of the Acceptance Council concerning the potential to continue, complete results, commercialize the technology, products, and the proposal of the agency assigned to manage the scientific and technological tasks. The presiding organization or individual is responsible for repaying the asset value through the commercialization of the results.

In case the presiding organization or individual does not accept the transfer or purchase of assets, the following methods are applied:

- Transfer to state agencies, public service providers, units of the People's Armed Forces, the Communist Party of Vietnam, and socio-political organizations;- Sale;- Liquidation;- Destruction.

Procedures for Disposal:

To handle assets provided at the conclusion of scientific and technological tasks, the following stages must be undertaken:

Preservation, Inventory, and Disposal Planning:

- The presiding organization or individual is responsible for preserving the assets and asset records from the task’s conclusion date according to the Contract or from the date of the decision to terminate the scientific and technological task implementation until the completion of the asset disposal according to the competent authority’s decision;- No later than 60 days from the task's conclusion date according to the Contract or the decision termination date, the presiding organization or individual must complete the inventory, develop a disposal plan, and submit it to the managing agency of the scientific and technological task. The inventory must be documented using the Ministry of Finance's form.

The asset disposal proposal file submitted to the managing agency includes:

- A written proposal for the disposal of assets from the concluded scientific and technological task: 01 original;- An asset inventory record: 01 original;- List of assets proposed for disposal (type, quantity, original value, remaining value) and the proposed asset disposal plan, clearly stating the method of disposal.

Within 30 days from the date the presiding organization or individual submits the proposal, the managing agency of the scientific and technological task must compile and submit 01 set of documents, which includes:

- Send to the agency tasked with managing public assets of the Ministry or central agency (for national-level scientific and technological tasks, ministerial-level and centrally managed foundational tasks);- Send to the Department of Finance (for provincial-level and locally managed foundational tasks). The document set includes:- A written proposal by the managing agency of the scientific and technological task, stating opinions on the disposal request of the presiding organization or individual: 01 original;- For cases proposing an increase in capital, it must be accompanied by a written request to increase state capital in the enterprise for cases of asset transfer by increasing capital: 01 original;- The disposal proposal file of the presiding organization or individual: 01 copy;- Relevant documents and materials regarding the assets and disposal plan (if any): 01 copy.

Within 30 days from the date receiving the complete file as regulated, the agency assigned to manage:

- Public assets of the Ministry or central agency (for national-level scientific and technological tasks, ministerial-level and centrally managed foundational tasks);- Public assets of the Finance Department (for provincial-level and locally managed foundational tasks) are responsible for appraising the disposal plan to:- Notify the managing agency of the scientific and technological task in case the asset disposal is under the authority of the managing agency;- Decide within the authority in case the asset disposal is under the authority of the agency tasked with public asset management; Submit to the Minister, head of the central agency, Chairman of the provincial People's Committee for decision within their authority;- Report to the Ministry, central agency, provincial People’s Committee for written requests to the Ministry of Finance for decisions within their authority or submit to the Prime Minister for consideration and decision.

Based on the approved plan by the competent authority, the managing agency of the scientific and technological task organizes the asset disposal as per regulations.

Decree 70/2018/ND-CP came into effect on May 15, 2018.

-Thao Uyen-

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