Assets whose ownership rights are established by the entire people as prescribed in this Decree include:
1. Property confiscated according to the provisions of law, including: a) Confiscated exhibits and means of administrative violations; b) Case evidence, other property confiscated according to the provisions of criminal law, criminal procedure law (case evidence, property of convicted persons confiscated).
2. Ownerless real estate includes: a) Real estate whose owner cannot be identified according to the provisions of civil law; b) Real estate whose owner has renounced ownership of the property according to the provisions of civil law.
3. Lost or abandoned property includes: Lost or abandoned property whose owner cannot be identified or whose owner does not come to claim it according to the provisions of civil law.
4. Property that is an inheritance without an heir, including: a) Property without an heir as prescribed in Article 622 of the Civil Code; b) Property for which the statute of limitations for requesting division of inheritance has expired from the time of inheritance opening but there is no possessor as prescribed in Point b, Clause 1, Article 623 of the Civil Code; c) The ownership of real estate when one of the joint owners of the real estate renounces his ownership or when this person dies without an heir as prescribed in Clause 4, Article 218 of the Civil Code.
5. Assets are stockpiled goods kept in port, warehouse and yard areas within customs operation areas according to customs law (stockpiled goods within customs operation areas).
6. Assets whose ownership is voluntarily transferred by the owner to the State of Vietnam and are not subject to the cases specified in points d, đ, e, g, i and k, Clause 2, Clause 3 and Clause 4, Article 1 of this Decree.
The transfer of property ownership to the State of Vietnam is carried out through ministries, ministerial-level agencies, government agencies, other central agencies (ministries, central agencies) or local authorities. In cases where the transfer has specifically identified the receiving agency, organization or unit; if the receiving agency, organization or unit is under central management, it is determined to be transferred through a ministry or central agency; if the receiving agency, organization or unit is under local management, it is determined to be transferred through a local authority. For property transferred by foreign experts, contractors or consultants to the State of Vietnam without specifically identifying the receiving agency, organization or unit, if the project is centrally managed, it is determined to be transferred through a ministry or central agency; if the project is locally managed, it is determined to be transferred through a local authority.
7. Assets transferred by foreign-invested enterprises are not compensated to the Vietnamese State according to the commitment after the end of the operating period.
8. Assets invested under the public-private partnership method are transferred to the Vietnamese State under project contracts, including: Assets transferred to the Vietnamese State under Build-Operate-Transfer (BOT) contracts, Build-Transfer-Operate (BTO) contracts, Build-Transfer-Lease (BTL) contracts, and Build-Lease-Transfer (BLT) contracts.
9. Buried, buried, or sunken assets include: Assets discovered or found on the mainland, islands, and seas of the Socialist Republic of Vietnam with sovereignty and jurisdiction, but at the time of discovery or finding, there is no or the owner cannot be identified according to the provisions of law.
The establishment of public ownership of property is carried out publicly and transparently.
The Decree also clearly states the principles for establishing public ownership of assets and managing and handling assets for which public ownership is established.
Accordingly, the establishment of the people's ownership of assets as prescribed in this Decree must be made in writing; ensuring the order and procedures prescribed by law on the basis of protecting the interests of the State and respecting the legitimate rights and interests of relevant organizations and individuals. In case the agency or person with the authority to decide on the establishment of the people's ownership is also the agency or person with the authority to decide on the approval of the asset disposal plan and the unit in charge of asset management is also the agency responsible for establishing the asset disposal plan, the establishment of the people's ownership of assets shall be carried out simultaneously with the approval of the asset disposal plan through the Decision of the competent person.
The establishment of public ownership of assets and the handling of assets for which public ownership has been established must be carried out publicly and transparently; all violations must be handled promptly and strictly in accordance with the provisions of law.
The handling of assets with established public ownership rights shall be made into a plan, and the competent authority or person shall decide and approve the plan for handling assets. The plan for handling assets with established public ownership rights and the decision approving the plan for handling assets with established public ownership rights shall be applied according to the unified form prescribed in this Decree.
In case the public asset management agency is the unit in charge of asset management, the order and procedures for preparing and submitting the asset handling plan to the competent authority or person for consideration and approval shall comply with the regulations applicable to the unit in charge of asset management.
The handling of assets that are confiscated exhibits, means of administrative violations, or assets that are evidence of a case, or assets of a convicted person that are confiscated, shall be carried out for assets of each case. In case the value of assets of a case is less than 100 million VND, the unit in charge of asset management may consolidate assets of many cases for one handling within 06 months from the date of the decision approving the asset handling plan (except for assets that are goods and items specified in Point a, Clause 1, Article 15, Point a, Point b, Clause 1, Article 16 of this Decree).
In case the assets must be appraised, tested, inspected, and consulted with specialized agencies before proposing, formulating a handling plan or deciding on handling, the time for appraisal, inspection, testing, and consulting shall not be included in the time limit for preparing documents, submission, and approval of the asset handling plan as prescribed in this Decree.
For assets whose ownership is voluntarily transferred by the owner to the State of Vietnam as prescribed in Clause 6, Article 3 of this Decree through a donation contract or other ownership transfer contract as prescribed in Article 223 of the Civil Code and other relevant legal provisions (if any), it is not necessary to carry out procedures to establish the entire people's ownership of the assets as prescribed in this Decree...
Source: https://thoibaonganhang.vn/9-loai-tai-san-duoc-xac-lap-quyen-so-huu-toan-dan-162487.html
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