THE GOVERNMENT	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness
No.: 23/2010/ND-CP	Hanoi, March 12, 2010

DECREE

STIPULATING THE MANAGEMENT AND USE OF STATE ASSETS OF OVERSEAS VIETNAMESE MISSIONS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 16, 2002 Law on the State Budget;

Pursuant to the June 3, 2008 Law on Management and Use of State Assets;

Pursuant to the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

At the proposal of the Minister of Finance and the Minister of Foreign Affairs,

DECREES:

Chapter I GENERAL PROVISIONS

Article 1. Scope of regulation This Decree regulates:

1. State assets of overseas representative missions of the Socialist Republic of Vietnam (below collectively referred to as representative missions).

2. State assets of other overseas Vietnamese agencies outside the organizational structure of representative missions (below collectively referred to as other agencies).

3. Assets being land, working offices, non-business facilities, houses and other assets affixed to land which have been exchanged under agreements between the Government of the Socialist Republic of Vietnam and the governments of host countries; real estate leased under agreements or asset lease contracts signed by representative missions or other agencies which are assets managed and used by the Vietnamese State while those agreements or contracts are valid.

4. State assets managed and used by overseas Vietnamese enterprises comply with current law and are not governed by this Decree.

Article 2. Subjects of application

This Decree applies to:

1. Overseas representative missions of the Socialist Republic of Vietnam as defined by the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam.

2. Other overseas Vietnamese agencies outside the organizational structure of representative missions, which are funded by the state budget or sources originating from the state budget and established by ministries, ministerial-level agencies, government-attached agencies, other central agencies or provincial-level People's Committees.

3. Other agencies and entities involved in the management and use of state assets of overseas Vietnamese representative missions or other agencies.

Article 3. State assets of overseas Vietnamese representative missions or other agencies

1. State assets of overseas Vietnamese representative missions or other agencies (below collectively referred to as overseas Vietnamese missions) include:

a/ Land, working offices, non-business facilities, houses and other assets affixed to land; b/ Vehicles;

c/ Machines, equipment and working facilities;

d/ Other assets defined by law.

2. Sources forming state assets of overseas Vietnamese missions include:

a/ Assets procured by overseas Vietnamese missions with money provided by the state budget or originating from the state budget;

b/ Assets received as donation or aid of foreign governments, foreign non-governmental organizations and other international organizations; assets donated or presented by domestic or foreign organizations or individuals and other assets over which state ownership has been established.

Article 4. Principles on management and use of state assets of overseas Vietnamese missions

1. The supply and procurement of state assets of overseas Vietnamese missions must comply with the criteria, norms and regimes promulgated by competent Vietnamese agencies.

2. The order and procedures for investment in, procurement, furnishing, sale, transfer, liquidation and destruction of state assets of overseas Vietnamese missions comply with the following documents:

a/ The 1961 Vienna Convention on Diplomatic Relations;

b/ Agreements signed between the Vietnamese Government and the governments of host countries;

c/ Laws of host countries;

d/ Vietnamese law.

If appear inconsistencies between the above documents, the prevailing document shall be selected in the above priority order.

3. Assets of overseas Vietnamese missions must be used for proper purposes as designated, ensuring thrift and efficiency in accordance with Vietnamese law, laws of host countries and relevant agreements or contracts.

4. It is forbidden to use state assets for improper purposes; to cause loss, waste or breakdown of or damage to state assets.

5. Insurance must be bought for assets being vehicles, working offices, non-business facilities, houses and other assets affixed to land under regulations of host countries.

6. State assets of overseas Vietnamese missions shall be maintained and repaired strictly under the prescribed regimes and technical standards, in accordance with Vietnamese law and the laws of host countries and with allocated budget estimates.