Decision No. 56/2014/QD-TTg dated October 06, 2014 of the Prime Minister on the management, use of State-owned houses and land for external affairs activities of the State

THE PRIME MINISTER

Decision No. 56/2014/QD-TTg dated October 06, 2014 of the Prime Minister on the management, use of State-owned houses and land for external affairs activities of the State

Pursuant to the Law on Management and use of State-owned property dated June 03, 2008;

Pursuant to the Law on land dated November 29, 2013;

Pursuant to the Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

Pursuant to the Decree No. 58/2013/ND-CP dated June 11, 2013 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Ordinance on Privileges and Immunities for diplomatic missions, consular offices and representative agencies of international organizations in Vietnam dated August 23, 1993; the Decree No. 73/CP dated July 30, 1994 of the Government on detailed regulations on the implementation of the ordinance on Privileges and Immunities for diplomatic missions, consular offices and representative agencies of international organizations in Vietnam;

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

The Prime Minister promulgates the Decision on the management, use of State-owned houses, and land for external affairs activities of the State.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decision promulgates the management, use of state-owned houses and land that are assigned for the Ministry of Foreign Affairs by the Government for external affairs activities (hereinafter referred to as houses, land for external affairs).

Article 2. Subjects of application

1. The Ministry of Foreign Affairs and units directly assigned to manage and use houses, land for external affairs.

2. The foreign organizations that have the diplomatic functions, foreign representative offices are assigned houses, land for external affairs used as offices, houses in Vietnam.

3. Other organizations, individuals.

Article 3. Interpretation of terms

Under this Decision, the terms are interpreted as follows:

1. The foreign organizations that have the diplomatic functions include: the diplomatic representations and foreign consulates, the international organizations belonging to the United Nations system, Intergovernmental Organizations.

2. Foreign offices include: representative offices of foreign organizations, media agencies, representative offices and project offices of Intergovernmental Organizations.

3. Reciprocal use of houses, land: is the use of houses, land for external affairs as stipulated under the Convention or Agreements between the Socialist Republic of Vietnam and foreign Government under the form of granting houses, land for the diplomatic representations of that country to use as offices, houses in its territory without payment.

4. Assigning houses, land without payment: the Government of the Socialist Republic of Vietnam assigns houses, land for external affairs for the diplomatic representations or international organizations belonging to the United Nations system or other organizations to use as offices, houses without payment; the rent is determined as the contribution of the Vietnamese Government to the International Organizations that Vietnam joins or be a member.

5. The house, land renting for external affairs purposes of foreign organizations that have the diplomatic functions, foreign offices under the tasks assigned by the State: is the renting that is considered on the relation of diplomacy, politics, economics between two countries and ensures theprinciple of reciprocity as well as the contribution for Vietnam side.

6. The house, land renting for external affairs purposes of foreign organizations that have the diplomatic functions, foreign offices not under the tasks assigned by the State: is the house, land renting based on the agreements of two sides according to market mechanism.

7. The principle of reciprocity in the determination of land, house renting price for external affairs for foreign organizations that have the diplomatic functions under the tasks assigned by the State: is the consideration, determination of house, land renting price based on the diplomatic relations of two sides.

Article 4. Principles of management, use of houses, land for external affairs

1. The management, management, use of houses, land for external affairs activities shall be implemented according to the law on management of state property, law on land, the law on construction and other related laws; If regulations in the international convention that Vietnam is a member are different, it shall be implemented according to the signed convention.

2. The Ministry of Foreign Affairs shall manage, allocate the use of houses, land for external affairs to the correct subjects, and fulfill the external tasks of the State.

3. The allocation of using houses, land for external affairs activities must ensure the saving principle, use efficiently and meet requirements on purposes for external activities of the State.

4. The management must be transparent; all violations shall be fined according to the law.

5. Price for house, land renting shall be determined according to the market; ensure the compensation principle, accumulate and develop houses, land for external affairs activities; except cases being exempted or applied the price that is lower than the market price by the competent agencies to ensure the external relations of the State.

Chapter II

SPECIFIC PROVISIONS

Article 5. Management, use of houses, land for external affairs under the reciprocal form

1. Based on the Convention or Agreements between the Government of the Socialist Republic of Vietnam and foreign Government; units assigned to manage, use houses, land for external affairs purposes shall:

a) Making agreements with subjects of using houses, land to sign the Contract (or Agreement) on responsibilities of each side in the period of using houses, land.

b) Handing over houses, land for users. The hand-over must be written in minutes as stipulated by the law on management, use of state property.

c) Performing the tasks under the responsibilities of Vietnam for uses of house, land stated in the Convention or Agreement between the Government of the Socialist Republic of Vietnam and foreign government.

d) Organizing the implementation of receiving and protecting houses, land after the users return when the time is due; Making plan on use and reporting to the competent agencies.

2. If the Convention or Agreement between the Government of the Socialist Republic of Vietnam and foreign government stipulates responsibilities of Vietnam on fixing houses during the time of using, these expenses shall be ensured from administrative revenues by units assigned to manage and use houses, land for external affairs purposes. If these expenses are extracted from the administrative development funds of units, the maintenance, fixing, upgrading shall be implemented according to the law on management, use of state property, the law on construction investment, the law on state budget and other related laws.

3. The State shall not collect the rent for houses, land for external affairs purposes under the reciprocal form.

Article 6. Management, use of houses, land for external affairs under the form of assigning houses, land without payment

1. Based on the Convention or Agreements between the Government of the Socialist Republic of Vietnam and foreign Government; units assigned to manage, use houses, land for external affairs purposes shall:

a) Making agreements with subjects of using houses, land to sign the Contract (or Agreement) on responsibilities of each side in the period of using houses, land.

b) Handing over houses, land for users. The hand-over must be written in minutes as stipulated by the law on management, use of state property.

c) Performing the tasks under the responsibilities of Vietnam for use of houses, land stated in the Convention or Agreement between the Government of the Socialist Republic of Vietnam and foreign government.

d) Organizing the implementation of receiving and protecting houses, land after the users return when the time is due; Making plan on use and reporting to the competent agencies for approval.

2. If the Convention or Agreement between the Government of the Socialist Republic of Vietnam and foreign government stipulates responsibilities of Vietnam on maintaining, fixing houses during the time of using, these expenses shall be ensured from administrative revenues by units assigned to manage and use houses, land for external affairs purposes. If these expenses are extracted from the administrative development funds of units, the maintenance, fixing, upgrading shall be implemented according to the law on management, use of state property, the law on construction investment, the law on state budget and other related laws.

3. The State shall not collect the rent for houses, land under the reciprocal form of assigning houses, land without payment.

Article 7. Management, use of houses, land for external affairs used for rent

1. Houses, land for external affairs are used for rent for foreign organizations that have the diplomatic functions, foreign offices according to the tasks assigned by the State according to the decision approved by the competent agencies:

a) Price for house renting, land renting shall be implemented according to the decision of competent agencies based on the reciprocity principle of the State.

b) Units directly assigned to manage houses and land for external affairs shall sign the Contract for renting houses for foreign organizations with the diplomatic functions, foreign offices in accordance with Vietnam legal regulations.

c) Units assigned to manage, use of houses, and land for external affairs are exempted from fee for renting the land for houses, land for external affairs rented by foreign organizations that have the diplomatic functions, foreign offices.

d) Maintenance, fixing of houses shall be implemented according to the contract of house renting signed between the lesser and lessee.

If the contract of house renting stipulates the responsibilities on maintaining, fixing the houses that is under the responsibilities of the lesser, expenditure shall be implemented according to the financial regime for administrative units as stipulated by the law.

2.  Houses, land for external affairs used for rent for foreign organizations that have the diplomatic functions, foreign offices are not under the tasks assigned by the State:

a) Units assigned to manage, use of houses, and land for external affairs must pay the land rent as stipulated by the law for houses, land for external affairs rented by foreign organizations that have the diplomatic functions, foreign offices.

b) Units assigned to manage, use of houses, and land for external affairs shall sign a contract with foreign organizations that have the diplomatic functions, foreign offices and other subjects according to the law.

c) The house renting shall be implemented according to the appointment method; the price for renting must be reasonable with the market price at the time of renting;

d) Maintenance, fixing of houses shall be implemented according to the contract of house renting signed between the lesser and lessee.

If the contract of house renting stipulates the responsibilities on maintaining, fixing the houses that is under the responsibilities of the lesser, expenditure shall be implemented according to the financial regime for administrative units as stipulated by the law.

dd) The collected amount of money after deducting reasonable expenses, paying tax and performing other financial obligations shall be finalized according to the regime applied for administrative units.

3. If the subjects are not foreign organizations that have the diplomatic functions, foreign offices as stipulated under Clause 1, Clause 2 of this Article, the Ministry of Foreign Affairs shall report to the Prime Minister for consideration and decision.

Article 8. Competences on management, use of houses, land for external affairs

1. Minister of Foreign Affairs shall:

a) Consider, decide foreign organizations that have the diplomatic functions, foreign offices are eligible to rent the house, land for each specific case.

b) Consider, decide the renting price for foreign organizations that have the diplomatic functions, foreign offices under the tasks assigned by the state or not under the tasks assigned by the state for each specific case.

c) Report to the Prime Minister for consideration, decision on renting for cases that are not organizations that have the diplomatic functions, foreign offices.

2. Units directly assigned to manage, use houses, land for external affairs shall:

a) Sign the Agreement with the user under the reciprocal form according to contents as stated under the international convention that Vietnam is a member.

b) Sign the Agreement with the user under the form of assigning houses, land without payment according to contents as stated under the international convention that Vietnam is a member.

c) Sign the contract of house renting for foreign organizations that have the diplomatic functions, foreign offices.

d) Receive houses, land for external affairs returned by foreign organizations that have the diplomatic functions, foreign offices when the time of using houses, land under the reciprocal form and under the form of assigning houses, land without payment is due.

dd) Maintain, fix, invest and upgrade houses, land for external affairs as stipulated under this Decision and other related laws.

e) Perform other tasks related to management, use of houses, and land for external affairs as assigned by the Ministry of Foreign Affairs.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. Summarizing the demands, decision or presenting the competent agencies for decision on allocating foreign organizations that have the diplomatic functions, foreign offices as stipulated under this Decision.

2. Managing, using houses, land for external affairs as stipulated by the law on management, use of the state property.

3. Coordinating with related agencies to make sure on operation conditions of foreign organizations that have the diplomatic functions, foreign offices during the time of using houses, land for external affairs in Vietnam.

4. Directing units assigned to use houses, land to make an annual report (before March 15) or extraordinary report to the Ministry of Finance on management, use of houses, land for external affairs under the forms as stipulated under Article 5, 6, 7 of this Decision. The content of the report includes:

- The use of houses, land for external affairs under the reciprocal form and under the form of assigning houses, land without payment as stipulated under Article 5, 6 of this Decision (decrease, increase fluctuation in the year; contributed expenditure by assigning to use houses, land without payment);

- The house, land renting under the forms as stipulated under Article 7 of this Decision (decrease, increase fluctuation in the year).

Article 10. Responsibilities of the Ministry of Finance

Guiding related units on management, use of houses, land for external affairs as stipulated by the law on management, use of state property and other related law.

Article 11.Responsibilities of People’s Committees of provinces and cities directly under the Central

Directing related agencies to coordinate with the Ministry of Foreign Affairs, units assigned to manage, use houses, land for external affairs to complete the legal procedures on land, construction invest, security safety for foreign organizations that have the diplomatic functions, foreign offices as stipulated.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Implementation provisions

This Decision takes effect on December 01, 2014.

Article 13. Implementation responsibilities

The ministers, heads of ministerial-level agencies and agencies attached to the Government, the presidents of the People s Committees of provinces and cities directly under the Central and units, individuals are responsible for implementing this Decision./.

The Prime Minister

Nguyen Tan Dung