VietnameseDecree No. 52/2009/ND-CP of June 3, 2009, detailing and guiding a number of articles of the Law on Management and Use of State Property
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Decree No. 52/2009/ND-CP of June 3, 2009, detailing and guiding a number of articles of the Law on Management and Use of State Property
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 52/2009/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 03/06/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Finance - Banking , Investment , Others |
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Effect status: Known
THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 52/2009/ND-CP | Hanoi, June 3, 2009 |
DECREE
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON MANAGEMENT AND USE OF STATE PROPERTY
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
At the proposal of the Minister of Finance,
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
At the proposal of the Minister of Finance,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree details and guides a number of articles of the Law on Management and Use of State Property, which was passed by the XIIth National Assembly on June 3, 2008.
2. The management and use of state property of overseas Vietnamese missions and at people's armed forces units comply with the Government's separate regulations.
Article 2. Management and use of state property at political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations
1. The management and use of state property at political organizations, socio-political organizations, socio-political-professional organizations, social organizations and socio-professional organizations (below collectively referred to as organizations) comply with provisions on management and use of state property at state agencies of Chapter III of the Law on Management and Use of State Property and Chapter II of this Decree. Socio-political-professional, social and socio-professional organizations shall maintain and repair their state property with their own funds.
2. State property over which ownership rights are transferred to political organizations and socio-political organizations under decisions of competent state agencies and property specified in Clause 2, Article 36 and Clause 3, Article 37 of the Law on Management and Use of State Property, come under the ownership of those organizations; the management and use of these assets comply with the civil law. relevant laws and charters of those organizations.
Chapter II
MANAGEMENT AND USE OF STATE PROPERTY AT STATE AGENCIES
Section I. CONSTRUCTION INVESTMENT IN AND PROCUREMENT OF STATE PROPERTY
Article 3. Competence to assign management of working office construction investment
1. Based on the size and nature of investment projects and project implementation and management capacity, competent agencies shall decide on investment in building working offices by either of the two construction investment modes specified in Clause 1, Article 13 of the Law on Management and Use of State Property.
2. The Prime Minister shall decide to establish, or assign existing organizations to act as, investors of working offices of centrally managed state agencies by the investment mode specified at Point a, Clause 1, Article 13 of the Law on Management and Use of State Property; presidents of People's Committees of provinces and centrally run cities (below referred to as provincial-level People's Committees) shall decide to establish, or assign existing organizations to act as, investors of working offices of locally managed state agencies by the investment mode specified at Point a, Clause 1, Article 13 of the Law on Management and Use of State Property.
Article 4. Rights and obligations of organizations assigned to manage working office construction investment
1. To be allocated with state investment capital to build working offices for state agencies within the ambit of their assigned tasks.
2. To invest in building working offices under the laws on investment and construction.
3. To hand over working offices to state agencies assigned to manage and use these offices under regulations after construction investment is completed.
Article 5. Competence to decide on procurement of state property
The competence to decide on procurement of state property at state agencies complies with Clause 4, Article 14 of the Law on Management and Use of State Property.
Article 6. Modes of procurement of state property
1. State property shall be procured by one of the following modes:
a/ Centralized procurement;
b/ Procurement by agencies assigned to manage and use state property.
2. Centralized procurement applies to assets which are procured in large quantity with high total value and must be furnished uniformly and modernly. Ministers, heads of ministerial-level agencies and heads of other central agencies (below collectively referred to as ministers and heads of central agencies) and presidents of provincial-level People's Committees shall decide on the list of assets subject to centralized procurement under their management.
3. Units assigned to procure property by the centralization mode have the following rights and obligations:
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