| THE GOVERNMENT No. 29/2014/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, April 10, 2014 |
DECREE
Prescribing the competence and procedures for establishment of state ownership over property and for management and handling of property over which state ownership is established [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the December 21, 1999 Penal Code and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Penal Code;
Pursuant to the November 26, 2003 Criminal Procedure Code;
Pursuant to the June 29, 2001 Customs Law and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Customs Law;
Pursuant to the November 14, 2008 Law on Civil Judgment Enforcement;
Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;
Pursuant to the June 3, 2008 Law on Management and Use of State Property;
At the proposal of the Minister of Finance,
The Government promulgates the Decree prescribing the competence and procedures for establishment of state ownership over property and for management and handling of property over which state establishment is established.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the competence and procedures for establishment of state ownership over property and for management and handling of such property in accordance with law with regard to property of the following types:
1. Property confiscated under law.
2. Derelict property, dropped or mislaid property, buried or sunk property, estates without heirs, in-stock commodities left in customs supervision zones.
3. Property voluntarily transferred to the State by organizations or individuals.
4. Property delivered by foreign-invested enterprises to the Vietnamese State as committed.
Article 2. Subjects of application
1. State agencies and persons that have competence to decide on the establishment of state ownership over property.
2. Agencies, organizations and units that are assigned to manage and handle property over which state ownership is established.
3. Other organizations and individuals involved in the establishment of state ownership over property and the management and handling of such property.
Article 3. Property eligible for establishment of state ownership
1. Property confiscated under law means the property of an organization or individual which is confiscated due to the commission of a crime or an administrative violation by such organization or individual under a judgment or decision of a court or a decision of another competent authority, including:
a/ Confiscated material evidence and means of administrative violation;
b/ Exhibits of a criminal case, part or all of convicts’ property confiscated under the criminal and criminal procedure laws (below referred to as confiscated exhibits and convicts’ property for short).
2. Derelict property, dropped or mislaid property, buried or sunk property, estates without heirs, commodities lying in stock in customs supervision zones over which state ownership is established, including:
