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

DECISION

On management and use of state-owned houses and land
for foreign relation activities of the State[1]

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

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

Pursuant to the November 29, 2013 Land Law;

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

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

Pursuant to the August 23, 1993 Ordinance of Privileges and Immunities of Diplomatic Missions, Consulates, and Representative Offices of International Organizations in Vietnam, and the Government’s Decree No. 73/CP of July 30, 1994, detailing the implementation of the Ordinance on Privileges and Immunities of Diplomatic Missions, Consulates, and Representative Offices 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 management and use of state-owned houses and land for foreign relation activities of the State.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decision prescribes the management and use of state-owned houses and land assigned by the Government to the Ministry of Foreign Affairs for management, for foreign relation activities of the State (below referred to as houses and land for foreign relations).

Article 2. Subjects of application

1. The Ministry of Foreign Affairs and units that are assigned to directly manage houses and land for foreign relations.

2. Foreign organizations with diplomatic functions and foreign offices that are allocated houses and land for foreign relations by the Vietnamese party to use as head offices and residences in Vietnam.

3. Other related organizations and individuals.

Article 3. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Foreign organizations with diplomatic functions include diplomatic missions, consulates, and representative offices of international organizations of the United Nations and inter-governmental organizations.

2. Foreign offices include representative offices of organizations of foreign governments, representative offices of press and media agencies, representative offices and project offices of foreign non-governmental organizations.

3. Reciprocal house and land use means the use of houses and land for foreign relations under the agreement between the governments of the Socialist Republic of Vietnam and a foreign country in which this country allocates houses and land to diplomatic missions of the other country to use as head offices and residences for free in the other’s territory.

4. Free allocation of house and land use means the Government of the Socialist Republic of Vietnam allocates for free houses and land for foreign relations to diplomatic missions or international organizations of the United Nations system or other international organizations for use as head offices and residences; and the house rental is regarded as the Vietnamese Government’s contribution to international organizations to which Vietnam has acceded to or is a contracting party.

5. Lease of houses and land for foreign relations to foreign organizations with diplomatic functions and foreign offices under the State-assigned task means the lease of houses and land based on consideration of the level of diplomatic, political and economic relations between the two countries on the principle of reciprocity as well as contributions to Vietnam’s development.

6. Lease to foreign organizations with diplomatic functions and foreign offices outside the State-assigned task means the lease of houses and land based on the two sides’ agreement under the market mechanism.

7. Principle of reciprocity in determining lease prices of houses and land for foreign relations for lease by foreign organizations with diplomatic functions under the State-assigned task means the consideration and determination of house and land lease prices based on the level of the two sides’ diplomatic relations.

Article 4. Principles of management and use of houses and land for foreign relations

1. The management and use of houses and land for foreign relations must comply with the law on the management of state property, land law, construction law and other relevant laws; and comply with the treaties to which the Vietnamese Government is a contracting party in case these treaties have different provisions.

2. The Ministry of Foreign Affairs shall manage and allocate the use of houses and land for foreign relations to proper subjects and ensure the fulfillment of the foreign relation tasks of the State.

3. The allocation of the use of houses and land for foreign relations must ensure the principle of economy and efficiency, and the proper purpose for foreign relation activities of the State.

4. The management of houses and land for foreign relations shall be made public and transparent; all acts of violation shall be handled according to law.

5. The lease prices of houses and land for foreign relations shall be determined according to market prices, ensuring coverage of costs and accumulation to preserve and develop houses and land for foreign relations, excluding cases permitted by competent state agencies to be exempted from or apply lease prices lower than market prices to ensure the State’s foreign relations.

Chapter II

SPECIFIC PROVISIONS

Article 5. Management of houses and land for foreign relations used in reciprocal form

1. Based on agreements between the governments of the Socialist Republic of Vietnam and foreign countries, units that are assigned to directly manage the use of houses and land for foreign relations shall:

a/ Negotiate with subjects eligible to use houses and land to conclude contracts (or agreements) on responsibilities of parties during the house and land use term;

b/ Organize the handover of houses and land to users. The handover shall be recorded in writing under the law on management and use of state property;

c/ Perform the tasks within the responsibility of the Vietnamese party in the house and land use stated in the agreements between the governments of the Socialist Republic of Vietnam and foreign countries;

d/ Organize the receipt and protection of houses and land returned by users upon the expiration of their use terms. Elaborate use allocation plans and report them to competent authorities for approval.

2. If an agreement between the governments of the Socialist Republic of Vietnam and a foreign country prescribes the Vietnamese party’s responsibility to maintain and repair houses during the use term, maintenance and repair costs shall be covered with non-business revenues of units that are assigned to directly manage the use of houses and land for foreign relations; the funds for development of non-business activities of the units may be used to invest or repair, renovate and upgrade. The maintenance, repair, investment, renovation and upgrading must comply with the law on management and use of state property, law on construction investment, state budget law and other relevant laws.

3. The State shall not collect house and land rental for the areas of houses and land for foreign relations used in reciprocal form.

Article 6. Management of houses and land for external relations used in the free house and land use allocation form

1. Based on agreements between the governments of the Socialist Republic of Vietnam and foreign countries, units that are assigned to directly manage the use of houses and land for foreign relations shall:

a/ Negotiate with subjects eligible to use houses and land to conclude contracts (or agreements) on responsibilities of parties during the house and land use term;

b/ Organize the handover of houses and land to users. The handover shall be recorded in writing under the law on management and use of state property;

c/ Perform the tasks within the responsibility of the Vietnamese party stated in the house and land use in the agreements between the governments of the Socialist Republic of Vietnam and foreign countries;

d/ Organize the receipt and protection of houses and land returned by users upon the expiration of their use terms. Elaborate use allocation plans and report them to competent authorities for approval.

2. If an agreement between the governments of the Socialist Republic of Vietnam and a foreign country prescribes the Vietnamese party’s responsibility to maintain and repair houses during the use term, maintenance and repair costs shall be covered with non-business revenues of units that are assigned to directly manage the use of houses and land for foreign relations; the funds for development of non-business activities of the units may be used to invest or repair, renovate and upgrade. The maintenance, repair, investment, renovation and upgrade must comply with the law on management and use of state property, law on construction investment, law on the state budget and other relevant laws.

3. The State shall not collect house and land rental for the areas of houses and land used in the free allocation of house and land use form.

Article 7. Management of houses and land for foreign relations used for lease

1. Houses and land for foreign relations leased to foreign organizations with diplomatic functions and foreign offices under the State-assigned task under competent authorities’ decisions:

a/ Lease prices of houses and land for foreign relations must comply with competent authorities’ decisions on the basis of ensuring the State’s interests on the principle of reciprocity;

b/ Units that are assigned to directly manage houses and land for foreign relations shall conclude house lease contracts with foreign organizations with diplomatic functions and foreign offices in accordance with Vietnam’s law;

c/ Units that are assigned to directly manage houses and land for foreign relations shall be exempted from land lease rental for the areas of house and land for foreign relations leased by foreign organizations with diplomatic functions and foreign offices;

d/ The house maintenance and repair must comply with house lease contracts concluded between the lessee and the lessor.

In case a house lease contract prescribes the lessor’s responsibility for house maintenance and repair, such costs shall be covered under the financial mechanism applicable to non-business units in accordance with law;

dd/ Collected house rental amounts, after subtracting reasonable expenses, taxes and other relevant financial obligations, shall be accounted, managed and used according to the prescribed regime for non-business units.

2. Houses and land for foreign relations leased to foreign organizations with diplomatic functions and foreign offices outside the State-assigned task:

a/ Units that are assigned to directly manage houses and land for foreign relations shall pay land rentals under law for the areas of house and land for foreign relations leased to foreign organizations with diplomatic functions and foreign offices;

b/ Units that are assigned to directly manage houses and land for foreign relations shall conclude house lease contracts with foreign organizations with diplomatic functions, foreign offices and other subjects in accordance with Vietnam’s law;

c/ The lease of houses and land for foreign relations may be carried out in  appointment form; rental must conform with market lease prices at the time of lease;

d/ House maintenance and repair must comply with house lease contracts concluded between the lessee and the lessor;

In case a house lease contract prescribes the lessee’s responsibility for house maintenance and repair, such costs shall be covered under the financial regime applicable to non-business units in accordance with law;

dd/ Collected house rental amounts, after subtracting reasonable expenses, taxes and other relevant financial obligations, shall be accounted according to the prescribed regime for non-business units.

3. If houses and land are to be leased to subjects other than foreign organizations with diplomatic functions and foreign offices under Clauses 1 and 2 of this Article, the Ministry of Foreign Affairs shall report them to the Prime Minister for consideration and decision.

Article 8. Competence to manage and use houses and land for foreign relations

1. The Minister of Foreign Affairs shall:

a/ Consider and decide to permit foreign organizations with diplomatic functions, foreign offices to lease houses and land for foreign relations on a case-by-case basis;

b/ Consider and decide house lease prices for foreign organizations with diplomatic functions and foreign offices under or outside the State-assigned task on a case-by-case basis;

c/ Report to the Prime Minister for consideration and decision the lease of houses to subjects other than organizations with diplomatic functions and foreign offices.

2. Units that are assigned to directly manage houses and land for foreign relations shall:

a/ Conclude agreements with house and land users in reciprocal form in conformity with the contents of treaties to which the Vietnamese Government is a contracting party;

b/ Conclude agreements with house and land users in the free house and land use allocation form according to the contents of treaties to which the Vietnamese Government is a contracting party;

c/ Conclude house lease contracts with foreign organizations with diplomatic functions and foreign offices;

d/ Receive houses and land for foreign relations returned by foreign organizations with diplomatic functions and foreign offices upon the expiration of reciprocal or free use terms under Articles 5 and 6 of this Decision. Elaborate use allocation plans and report them to the Ministry of Foreign Affairs for approval;

dd/ Maintain and repair; invest, renovate and upgrade houses and land for foreign relations under this Decision and relevant laws;

e/ Perform other tasks related to management and use of houses and land for foreign relations as assigned by the Ministry of Foreign Affairs.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. To summarize demands, decide or submit to competent authorities for decision the arrangement of foreign organizations with diplomatic functions and foreign offices under this Decision.

2. To manage and use houses and land for foreign relations in accordance with the law on management and use of state property.

3. To coordinate with relevant agencies to assure conditions for activities of foreign organizations with diplomatic functions and foreign offices during the period of using houses and land for foreign relations in Vietnam.

4. To instruct units that are assigned to directly manage houses and land for foreign relations to make annual reports (before March 15) or irregular reports to the Ministry of Finance on the situation of management and use of houses and land for foreign relations used in the forms prescribed in Articles 5, 6 and 7 of this Decision. The contents of such a report must include:

- The situation of the use of houses and land for foreign relations in  reciprocal form and free house and land use allocation form prescribed in Articles 5 and 6 of this Decision (fluctuations in the year; funds contributed by the free allocation of house and land use);

- The house and land lease situation in the forms prescribed in Article 7 of this Decision (fluctuations in the year).

Article 10. Responsibilities of the Ministry of Finance

To guide related units in the management and use of houses and land for foreign relations related in accordance with the law on management of state property and relevant laws.

Article 11. Responsibilities of provincial-level People’s Committees

To instruct related professional agencies to coordinate with the Ministry of Foreign Affairs and units that are assigned to directly manage houses and land for foreign relations in completing legal dossiers on land, construction investment, safety and security for foreign organizations with diplomatic functions and foreign offices in accordance with law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Implementation provisions

This Decision takes effect on December 1, 2014

Article 13. Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related units and individuals shall implement this Decision.-

Prime Minister
NGUYEN TAN DUNG