On July 05, 2018, the Ministry of Finance issued Circular 57/2018/TT-BTC guiding the implementation of Decree 29/2018/ND-CP establishing public ownership of assets and handling assets with established public ownership.
Circular 57 stipulates that the preservation of confiscated exhibits and means of administrative violations shall be carried out in accordance with the law. Specifically::
The assets that must be transferred to specialized agencies for preservation are implemented as follows:
- Assets that are national treasures, antiques, and other items of historical and cultural value transferred to:
- National Museum of History;- Provincial state museum where materials, means of administrative violations are confiscated.
- Assets that are weapons, explosives, support tools, technical and operational means, specialized means, and other property related to national defense and security:
- The agency or individual authorized by the Ministry of Defense, the Ministry of Public Security that decides to confiscate them is responsible for preserving the assets.
- Assets that are weapons, explosives, support tools, technical and operational means, specialized means, and other property related to national defense and security which are confiscated by agencies or individuals authorized by other agencies are transferred to:
- Provincial Military Command or centrally administered city where materials, means of administrative violations are confiscated;- Provincial Police or centrally administered city where materials, means of administrative violations are confiscated;- State agencies permitted to use support tools to carry out specialized tasks.
- Assets that are Vietnamese money, foreign currency, valuable papers, gold, silver, precious stones, and precious metals:
- Transferred to the Provincial State Treasury (for assets confiscated by central and provincial agencies or individuals) or District State Treasury (for assets confiscated by district and commune agencies or individuals) for preservation.- With respect to valuable papers that can be converted into cash, procedures are carried out to convert them into cash and submit to the state budget in accordance with regulations. If they cannot be converted, procedures are sent to the State Treasury for storage and preservation.
- Assets that are parts (specimens) of rare and precious wild animals belonging to Group IB:
- Transferred to the National Reserve Agency under the Ministry of Finance for the task of storage and preservation according to the decision of the Prime Minister of the Government of Vietnam.
Assets that are wood, other forest products of endangered, precious, rare species not intended for commercial use, except for parts (specimens) of rare and precious wild animals belonging to Group IB; and wild animals that are still alive or healthy after rescue, transferred under the law to the following agencies:
- Provincial Forest Protection Agency (for assets confiscated by central and provincial agencies or individuals) or District Forest Protection Agency (for assets confiscated by district and commune agencies or individuals) where confiscated items are held;- State-managed Zoos;- Scientific research institutions (including breeding research institutes), environmental education facilities, specialized research institutes;- Vietnam National Museum of Nature.
- Assets that are endangered, precious, rare aquatic animals not intended for commercial use transferred to:
- Regional Fisheries Control Sub-department or provincial fisheries management agencies or conservation areas to release back to their natural habitat if they are still alive;- Vietnam National Museum of Nature;- Scientific research institutions (including breeding research, education, specialized research institutes).
- Assets that are radioactive substances, nuclear materials, radiation devices, and nuclear devices:
- Transferred to the Vietnam Atomic Energy Institute under the Ministry of Science and Technology.
For assets that are evidences in criminal cases, properties of convicted persons confiscated in accordance with criminal and criminal proceeding laws, and have enforcement decisions by competent authorities, and evidences in criminal cases decided to be confiscated by Investigation Agency, People's Procuracy of all levels, the unit presiding over asset management is responsible for preserving assets in accordance with the law, unless required to be transferred to specialized agencies for preservation according to regulations.
For assets that are stagnant goods stored at port areas, warehouses, yards in customs operation areas (hereafter referred to as stagnant goods), orphaned assets, unidentifiable ownership assets, lost, forgotten, buried, concealed, submerged assets found, unclaimed inherited assets, assets of dissolved social and charity funds without other funds with the same purpose receiving transferred assets or dissolved due to violating prohibited acts of law, violating social ethics (hereafter referred to as assets of dissolved funds), the presiding unit over asset management is responsible for preserving assets in accordance with the law, unless required to be transferred to specialized agencies for preservation.
For assets voluntarily transferred by organizations and individuals to the ownership of the State of Vietnam, the unit presiding over asset management is responsible for receiving and preserving assets while pending resolution.
View details of Circular 57/2018/TT-BTC effective from July 05, 2018.
-Thao Uyen-
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