What is addition of 01 additional public asset in the Ministry of National Defense that is handled in the form of auction in Vietnam?

What is addition of 01 additional public asset in the Ministry of National Defense that is handled in the form of auction in Vietnam?

On November 11, 2023, the Minister of National Defense issued Circular 83/2023/TT-BQP amending and supplementing a number of articles of Circulars under the promulgation authority of the Minister of National Defense.

In Article 17 of Circular 126/2020/TT-BQP, there are regulations on auctioned assets as follows:

The property is sold at auction

The following public assets are conducted in the form of auction, except for the sale of public assets of small value in the form of public listing or designated sale according to Government regulations, including:

1. Items, raw materials, and scrap recovered after processing assets that cannot be used for repair or ammunition production specified in Point c, Clause 3, Article 13 of this Circular.

2. Assets specified in Point d, Clause 4, Article 13 of this Circular, after deactivating their military functions, will be sold at public auction to units with legal status inside and outside the Army.

In Clause 12, Article 4, Circular 83/2023/TT-BQP has regulations on assets auctioned in the Ministry of National Defense as follows:

Amending and supplementing a number of articles of Circular No. 126/2020/TT-BQP dated October 19, 2020 of the Minister of National Defense regulating the removal from the payroll and handling of state assets in the Ministry of National Defense

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12. Add Clause 3 after Clause 2, Article 17 as follows:

“3. Special assets can only be sold for separate parts that cannot be salvaged, used for repairs, technical assurance and items recovered after processing.

Thus, the new regulations have added special assets that can only be sold in separate parts that cannot be salvaged or used for repair or technical assurance, and recovered items will be auctioned in the Ministry of National Defense. Except for the sale of public assets of small value in the form of public listing or designated sale according to Government regulations in Vietnam.

What is addition of 01 additional public asset in the Ministry of National Defense that is handled in the form of auction in Vietnam? (Image from the Internet)

Who has authority to decide on disposal of assets belonging to the Ministry of National Defense in Vietnam?

In Article 15 of Circular 126/2020/TT-BQP amended by Clause 11, Article 4 of Circular 83/2023/TT-BQP, there are regulations on the authority to decide on asset disposal. Accordingly:

(1) The Minister of National Defense decides to handle assets for:

- Guns and artillery of all kinds;

- Radar, missile complexes, missile bullets, aircraft;

- Tanks, armored vehicles;

- Vessels (combat ships, support ships, combat training ships, combat boats); Waterway transport vehicles weighing 50 tons or more;

- Car; special motorcycles; engineering motorbikes;

- Items recovered after ammunition processing;

- Equipment, supplies and goods are stored in warehouses of the Ministry of National Defense and industry warehouses according to decentralized management;

- Special grade, grade I, grade II works

- Steel tanks with a capacity of 50 m3 or more.

(2) The Chief of General Staff decides to handle assets that are ammunition and toxic chemicals.

( 3) Commanders of agencies and units under the Ministry of National Defense decide to handle assets that do not fall into cases (1) and (2) assigned for management and use by competent authorities.

Particularly for handling assets that are level 5 ammunition, which is dangerous and poses a risk of unsafety, requiring urgent handling:

- In case level 5 ammunition is dangerous, poses a risk of unsafety, and requires urgent handling, the Warehouse Manager or Regiment Commander or equivalent or higher shall inspect and decide to destroy to ensure safety according to the process, current regulations issued by competent authorities.

After destruction, make a record and promptly report to the immediate superior agency and the Commander of agencies and units under the Ministry of National Defense;

- No later than 07 days after completion of processing, agencies and units under the Ministry of National Defense shall report in writing on the results of handling dangerous level 5 ammunition that poses a risk of unsafety and requires urgent handling. according to the decentralization of the Ministry of National Defense and request the Chief of General Staff to make a decision to remove him from the payroll.

What content does auction plan under the Ministry of National Defense include in Vietnam?

In Clause 2, Article 23 of Circular 126/2020/TT-BQP, there is a regulation on the auction plan for assets belonging to the Ministry of National Defense including the following contents:

- List and specifications; code; quantity of assets processed for auction;

- Starting price of each asset auctioned;

- Auction location;

- Deposit amount for each asset auctioned;

- Time limit for organizing the auction of each lot;

- Term, payment method, form of payment;

- Location, deadline and delivery method;

- Other related contents (if any).

How much is deposit for the auction of assets belonging to the Ministry of National Defense in Vietnam?

In Article 28 of Circular 126/2020/TT-BQP, there are regulations on deposits and handling of deposits as follows:

Reservations and deposit processing

1. Auction participants must pay a deposit in advance. The minimum deposit is 05%, the maximum is 15% of the starting price of the auctioned property and does not include interest.

The deposit is deposited into a payment account of the agency or unit that has the auctioned property. In case the deposit is worth less than 05 million VND, the auction participant can pay directly to the Asset Auction Council.

2. The Asset Auction Council is only allowed to collect deposits from auction participants within 03 working days before the auction opening date, unless the Asset Auction Council and auction participants have other agreements but must be before the auction opening date. The asset auction council is not allowed to use the auction participants' deposit for any other purpose.

3. Auction participants have the right to refuse to participate in the auction and receive their deposit back in case there is a change in the starting price, quantity, quality of listed assets or public announcement.

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Thus, the minimum deposit for auction of assets belonging to the Ministry of National Defense is 05%, maximum is 15% of the starting price of the auctioned assets and does not include interest in Vietnam.

Best regards!