Decree 90/2022/ND-CP management, use of houses, land to serve the State’s external activities

DECREE

On management and use of houses and land subject to the Ministry of Foreign Affairs’ management to serve the State’s external activities^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 21, 2017 Law on Management and Use of Public Property;

Pursuant to the November 29, 2013 Land Law;

Pursuant to the August 23, 1993 Ordinance of Privileges and Immunities of Diplomatic Missions, Consulates, and Representative Offices of International Organizations in Vietnam;

At the proposal of the Minister of Finance;

The Government promulgates the Decree on management and use of houses and land subject to the Ministry of Foreign Affairs’ management to serve the State’s external activities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management and use of houses and land subject to the Ministry of Foreign Affairs’ management to serve the State’s external activities (below referred to as houses and land serving external activities).

Article 2. Subjects of application

1. The Ministry of Foreign Affairs and public non-business units that are assigned by the Ministry of Foreign Affairs to directly manage houses and land serving external activities.

2. Foreign organizations with diplomatic functions, foreign offices and other subjects that use houses and land serving external activities allocated or leased by the Vietnamese side as their head offices and residences in Vietnam.

3. Other related organizations and individuals.

Article 3. Interpretation of terms 

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

1. Foreign organizations with diplomatic functions include diplomatic missions, consulates, other foreign representative offices with diplomatic functions recognized by the Vietnamese Government, representative offices of the United Nations organizations, intergovernmental agencies or organizations, and representative offices of intergovernmental organizations.

2. Foreign offices include representative offices of organizations of foreign governments, representative offices of news, press, broadcasting and television agencies, representative offices and project offices of foreign non-governmental organizations and other foreign offices.

3. Reciprocal house and land use means the use of houses and land serving external activities under a treaty between the Government of the Socialist Republic of Vietnam and the Government of a foreign country in which one country allocates houses and land to the diplomatic mission of the other country for use as head offices and residences for free in the other country’s territory.

4. Allocation of houses and land for use for free means that the Government of the Socialist Republic of Vietnam allocates houses and land serving external activities to diplomatic missions or representative agencies of the United Nations organizations or other international organizations for use as head offices and residences for free; the house rental amount is regarded as the Vietnamese Government’s contribution or support portion to foreign governments or international organizations.

5. Lease of houses and land serving external activities to a foreign organization with diplomatic functions or a foreign office under the State’s special preferential policies 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 or contributions of such organization or office to the development and raising of the position of Vietnam.

6. Lease of houses and land serving external activities to a foreign organization with diplomatic functions or a foreign office to perform the State-assigned tasks means the lease of houses and land based on an agreement between the two sides according to the market mechanism.

7. Principle of reciprocity in determining prices of houses and land serving external activities leased to foreign organizations with diplomatic functions under the State’s special preferential policies means the consideration and determination of house and land lease prices based on the level of diplomatic relations between the two sides.

Article 4. Principles of management and use of houses and land serving external activities

1. The management and use of houses and land serving external activities must comply with the law on management of public property, land law, construction law and other relevant laws; or comply with the treaties to which the Vietnamese Government is a contracting party in case these treaties otherwise provide.

2. The management and use of houses and land serving external activities must adhere to the principles of economy, efficiency, proper purpose, proper subjects, publicity and transparency.

3. Revenues and expenses related to the management and use of houses and land serving external activities must comply with the law on the state budget and relevant laws.

4. The lease prices of houses serving external activities shall be determined according to market prices, ensuring coverage of expenses with accumulation to preserve and develop houses serving external activities. The exemption from or reduction of lease prices to be lower than market prices shall be decided by the Minister of Foreign Affairs on the principle of reciprocity conformable with the State’s external relations.

Land lease, determination of land rentals, and land rental exemption or reduction (if any) of public non-business units that are assigned by the Ministry of Foreign Affairs to directly manage houses and land serving external activities must comply with the land law and this Decree.

5. The rearrangement and handling of state-owned houses and land for external activities must comply with the Government’s Decree on the rearrangement and handling of public assets.

6. The Ministry of Foreign Affairs shall, within the ambit of its assigned responsibilities and tasks, take full responsibility for the management and use of houses and land serving external activities; and manage revenues and expenses in accordance with law.

Chapter II

SPECIFIC PROVISIONS

Section 1

MANAGEMENT OF HOUSES AND LAND SERVING EXTERNAL ACTIVITIES USED ON THE PRINCIPLE OF RECIPROCITY, ALLOCATED FOR USE FOR FREE OR USED FOR LEASE

Article 5. Management of houses and land serving external activities used on the principle of reciprocity

1. Based on the treaty between the Government of the Socialist Republic of Vietnam and a foreign government, the unit assigned to directly manage houses and land serving external activities shall:

a/ Negotiate with the foreign organization with diplomatic functions eligible to use houses to sign a house use contract (or agreement), which must state responsibilities of the parties during the house use term.

b/ Organize the handover of houses and land to the foreign organization with diplomatic functions. The handover shall be recorded in writing in accordance with the law on management and use of public property;

c/ Perform the tasks within the responsibility of the Vietnamese side with regard to the house and land use as stated in the treaty between the Government of the Socialist Republic of Vietnam and the foreign government.

d/ Organize the receipt and protection of houses and land returned by the foreign organization with diplomatic functions upon the expiration of the use term; and formulate a plan on allocation of houses and land for use and report it to a competent authority for approval.

2. If a treaty between the Government of the Socialist Republic of Vietnam and a foreign country provides the Vietnamese side’s responsibility to maintain and repair houses during the use term, the maintenance and repair costs shall be paid by the public non-business unit assigned to directly manage houses and land serving external activities from its financial sources in accordance with law. In case it is required to invest in, renovate or upgrade the houses, the costs for such investment, renovation or upgrading may be covered by the fund for development of non-business activities of such unit. The maintenance, repair, investment, renovation and upgrading of houses must comply with the law on management and use of public property, law on construction investment, law on the state budget and other relevant laws.

3. The State will not collect house and land rentals for the areas of houses and land serving external activities used on the principle of reciprocity.

Article 6. Management of houses and land serving external activities allocated for use for free

1. Based on a treaty between the Government of the Socialist Republic of Vietnam and a foreign government or a foreign organization with diplomatic functions, the unit assigned to directly manage houses and land serving external activities shall:

a/ Negotiate with the foreign organization with diplomatic functions eligible to use houses to sign a house use contract (or agreement), which must state responsibilities of the parties during the house use term.

b/ Organize the handover of houses and land to the foreign organization with diplomatic functions. The handover shall be recorded in writing in accordance with the law on management and use of public property.

c/ Perform the tasks within the responsibility of the Vietnamese side with regard to the house and land use stated in the treaty between the Government of the Socialist Republic of Vietnam and the foreign government or the foreign organization with diplomatic functions.

d/ Organize the receipt and protection of houses and land returned by the foreign organization with diplomatic functions upon the expiration of the use term; formulate a plan on allocation of houses and land for use and submit it to a competent authority for approval.

2. If a treaty between the Government of the Socialist Republic of Vietnam and a foreign government or a foreign organization with diplomatic functions provides the Vietnamese side’s responsibility to maintain and repair houses during the use term, the maintenance and repair costs shall be paid by the public non-business unit assigned to directly manage houses and land serving external activities with its financial sources in accordance with law; in case it is required to invest in, renovate or upgrade the houses, the costs for such investment, renovation or upgrading may be covered by the Fund for development of non-business activities of the unit. The maintenance, repair, investment, renovation and upgrade must comply with the law on management and use of public property, law on construction investment, law on the state budget and other relevant laws.

3. The State will not collect house and land rentals for the areas of houses and land allocated for use for free.

Article 7. Management of houses and land serving external activities used for lease

1. Management of houses and land serving external activities leased to foreign organizations with diplomatic functions and foreign offices according to the State’s special preferential policies under competent authorities’ decisions:

a/ The Minister of Foreign Affairs shall:

- Consider and decide to permit foreign organizations with diplomatic functions and foreign offices to rent houses and land under the State’s special preferential policies on a case-by-case basis.

- Consider and decide on house lease prices, which must conform to market prices, be suitable to external relations and guarantee the State’s interests on the principle of reciprocity on a case-by-case basis.

b/ Units assigned to directly manage houses and land serving external activities may be exempted from land rentals for the areas of houses and land serving external activities leased to foreign organizations with diplomatic functions and foreign offices. Land rental exemption must comply with the land law.

2. Management of houses and land serving external activities leased to the remaining foreign organizations with diplomatic functions and foreign offices (other than those specified in Clause 1 of this Article) under the State-assigned tasks:

a/ The Minister of Foreign Affairs shall:

- Consider and decide to permit foreign organizations with diplomatic functions and foreign offices to rent houses and land under the State’s assigned tasks on a case-by-case basis.

- Consider and decide on house lease prices based on market prices.

b/ Units assigned to directly manage houses and land serving external activities shall pay land rentals for the areas of house and land serving external activities leased to foreign organizations with diplomatic functions and foreign offices in accordance with the land law.

3. Units assigned to directly manage houses and land serving external activities shall:

a/ Sign house lease contracts with foreign organizations with diplomatic functions and foreign offices in accordance with Vietnam’s law.

b/ Maintain and repair houses under house lease contracts or other agreements signed between the house lessors and the house lessees in accordance with Vietnam’s law.

In case a house lease contract or another agreement provides the lessor’s responsibility for house maintenance and repair, the maintenance and repair costs must comply with the financial regime applicable to non-business units in accordance with law.

4. Lease of houses to organizations and individuals other than foreign organizations with diplomatic functions or foreign offices:

a/ The lease of houses to organizations and individuals other than foreign organizations with diplomatic functions or foreign offices shall apply only in cases in which the houses are undergoing the process of formulation of plans on allocation for use or the process of introduction to foreign organizations with diplomatic functions or foreign offices to extend the lease term for more than 6 months but no registration for lease is made.

The Minister of Foreign Affairs shall consider, decide on, and take responsibility for the lease of houses to subjects other than foreign organizations with diplomatic functions or foreign offices.

b/ The lease of houses must comply with the law on management and use of public property, the Government’s Decree No. 151/2017/ND-CP of December 26, 2017, detailing a number of articles of the Law on Management and Use of Public Property (below referred to as Decree No. 151/2017/ND-CP), and amending documents (if any).

The Ministry of Foreign Affairs shall specifically provide the house lease term, and conditions for premature termination of house lease contracts to recover the leased houses for external activities; and annually report to the Prime Minister on the lease of houses to subjects other than foreign organizations with diplomatic functions or foreign offices.

Section 2

MANAGEMENT AND USE OF PROCEEDS FROM THE USE OF HOUSES AND LAND SERVING EXTERNAL ACTIVITIES FOR LEASE

Article 8. Management and use of proceeds from the use of houses and land serving external activities for lease

The management and use of proceeds from the use of houses and land serving external activities for lease must comply with Clause 5, Article 55 of the Law on Management and Use of Public Property, Decree No. 151/2017/ND-CP, and the Government’s Decree No. 60/2021/ND-CP of June 21, 2021, providing the financial autonomy mechanism applicable to public non-business units (below referred to as Decree No. 60/2021/ND-CP), documents guiding the implementation of Decree No. 60/2021/ND-CP, and amending documents (if any).

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. To decide on or submit to competent authorities for decision the management, use, investment and upgrading of houses and land serving external activities in accordance with this Decree.

2. To manage, use, invest and upgrade houses and land serving external activities in accordance with the law on management and use of public property, the bidding law and other relevant laws.

3. To coordinate with related agencies in ensuring satisfaction of national defense-security requirements and conditions for the operation of foreign organizations with diplomatic functions and foreign offices during the period of using houses and land serving external activities in Vietnam.

4. To direct units that are assigned to directly manage houses and land serving external activities to make cost-accounting for and reports on assets houses and land assigned to them for management and use under the accounting and statistics laws.

Reports on assets include:

a/ Report on asset declaration;

b/ Report on asset management and use.

The contents of the report on declaration of assets and report on management and use of assets being houses and land serving external activities must comply with Section 3, Chapter XIV of Decree No. 151/2017/ND-CP, amending documents (if any) and the Ministry of Finance’s guidance.

Article 10. Responsibilities of the Ministry of Finance

To guide the organization of implementation of this Decree.

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

To direct related functional agencies to coordinate with the Ministry of Foreign Affairs and units assigned to directly manage houses and land serving external activities 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. Transitional provisions

For houses and land subject to the Ministry of Foreign Affairs’ management to serve external activities that are leased under contracts (or agreements) in accordance with law before the effective date of this Decree, such contracts (or agreements) shall continue to be implemented. Upon the expiration of the lease terms or premature termination of contracts (or agreements), the lease of houses and land serving external activities must comply with this Decree.

Article 13. Effect

1. This Decree takes effect on December 15, 2022.

2. To annul the Prime Minister’s Decision No. 56/2014/QD-TTg of October 6, 2014, on management and use of state-owned houses and land serving the State’s external activities.

Article 14. Implementation responsibility

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 Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH