Circular No. 01/2007/TT-BXD guiding certain contents of the Regulation on management of office premises for administrative state agencies issued together with Decision No. 213/2006/QĐ-TTg dated September 25, 2006 of the Government Prime Minister.

CIRCULAR

Guidelines for certain contents of the Administrative Regulation on Office Management of State Administrative Agencies issued together with Decision No. 213/2006/QĐ-TTg

dated September 25, 2006 of the Government Chairman

dated September 25, 2006 of the Prime Minister

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decision No. 213/2006/QĐ-TTg dated September 25, 2006 of the Government Chairman promulgating the "Regulation on Office Management of State Administrative Agencies";

The Ministry of Construction issues guidelines for implementing certain contents of the Regulation on Office Management of State Administrative Agencies issued together with Decision No. 213/2006/QĐ-TTg dated September 25, 2006 of the Government Chairman (hereinafter referred to as the Regulation) as follows.

I. SCOPE OF APPLICATION AND APPLICABILITY

1. This Circular guides the contents of office profile files, joint agency office management, and reporting on the management and use of state administrative agencies' offices, including:

1.1. Ministries, ministerial-level agencies, and government agencies;

1.2. People's Councils and People's Committees at all levels;

1.3. Specialized agencies performing state management functions under ministries, ministerial-level agencies, government agencies, and People's Committees at all levels.

2. Public service units and state-owned enterprises shall apply the provisions of the Regulation and guidelines set forth in this Circular to effectively manage and use their premises and report to higher authorities when required.

II. ON THE CONTENTS OF THE OFFICE PROFILE FILE AS PROVIDED FOR IN CLAUSE 3, ARTICLE 6 OF THE REGULATION

1. The office profile file includes:

1.1. The office profile form applied according to the model prescribed in Appendix No. 1 attached hereto;

1.2. A schematic floor plan of the office premises.

2. The following contents should be reflected in the office profile form:

2.1. Name of the agency (record the name of the agency using the office premises): if it is a ministry, record the name of that ministry; if it is a province, record the name of that province; if it is a district, record the name of that district and province; if it is a commune, record the name of that commune, district, and province;

2.2. Name of the office: record the name of the agency using the office premises, for example: the office of the Ministry of Construction should be recorded as the Ministry of Construction; the office of the People's Council and People's Committee of Vinh Phuc Province should be recorded as the People's Council and People's Committee of Vinh Phuc Province; the office of the People's Council and People's Committee of Dong Anh District, Hanoi City should be recorded as the People's Council and People's Committee of Dong Anh District, Hanoi City; the office of the People's Council and People's Committee of Dong Ngac Commune, Tu Liem District, Hanoi City should be recorded as the People's Council and People's Committee of Dong Ngac Commune, Tu Liem District, Hanoi City. In the case of joint agency offices, record the names of all such agencies, for example: the office of the Department of Construction and the Department of Industry of Dong Thap Province should be recorded as the Department of Construction - Department of Industry of Dong Thap Province;

2.3. Location of construction: record the house number, street (road), commune (ward, town), district (district, city, provincial capital), province, centrally-administered municipality, for example: 37 Le Dai Hanh Street, Le Dai Hanh Ward, Hai Ba Trung District, Hanoi City;

2.4. The contents of each column should be recorded specifically as follows:

- Column 1: record the serial number of each building within the office premises;

- Column 2: record the name of each building according to its intended use, for example: Building A, Building B; Conference Hall C; Parking Building D...;

- Column 3: record the actual land area currently being used within the premises (square meters);

- Column 4: record the land area for construction (square meters);

- Column 5: record the total floor area of the building (square meters);

- Column 6: record the building density (%) within the office premises;

- Column 7: record the year of construction of the building (if applicable);

- Column 8: record the height of the building;

- Column 9: record the main load-bearing structure of the building (wall, column frame, floor, roof);

- Column 10: record the building grade according to Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management (if applicable);

- Column 11: record the year of the most recent repair or renovation;

- Column 12: record the main contents of the most recent repair or renovation;

- Column 13: record the value of the property of the office premises according to the books at the time of establishing the office profile form.

3. The schematic floor plan of the office premises must show the location, shape, size, and area of the plot of land; the location of each building within the premises, the shape, size, and construction area of each building; and the north-south orientation symbol.

4. The agency directly assigned to manage and use the office premises must establish an office profile form and submit it to the relevant state management agencies as specified in Clause 2, Article 6 of the Regulation, specifically as follows:

4.1. The office profile form of ministries, ministerial-level agencies, and government agencies shall be submitted to the Ministry of Construction and the Ministry of Finance for monitoring;

4.2. The office profile form of provincial and district-level state administrative agencies shall be submitted to the Department of Construction and the Department of Finance for monitoring;

4.3. The office profile form of commune-level state administrative agencies shall be submitted to the Construction Management Office and the Finance Office at the district level for monitoring.

5. The completion of the establishment of the office profile form for the office premises currently in use by state administrative agencies must be completed before September 30, 2007.

III. ON THE CONTENTS OF JOINT AGENCY OFFICE MANAGEMENT AS PROVIDED FOR IN CLAUSE 3, ARTICLE 7 OF THE REGULATION

1. Requirements for managing and using joint agency office premises

1.1. Joint agency office premises must be used in accordance with their design function and purpose;

1.2. Workspaces for agencies within joint agency office premises must be arranged according to the design layout of each area to ensure effective use and convenience in managing work for each agency;

1.3. The use of workspace area and equipment must comply with the standards and norms for each position and specialized profession as stipulated in Decision No. 260/2006/QĐ-TTg dated November 14, 2006 amending and supplementing Decision No. 147/1999/QĐ-TTg dated July 5, 1999 of the Government Chairman on standards and norms for the use of office premises at state agencies and public institutions, and Decision No. 170/2006/QĐ-TTg dated July 18, 2006 on standards and norms for office equipment and working tools of state agencies and civil servants;

1.4. Ensure the requirements for office use as stipulated in Article 9 of the Regulation.

2. Management of the use of separate and shared areas in joint agency office premises

2.1. Regarding the separate use area:

2.1.1. The portion for individual use within inter-agency office premises is the area allocated to each agency for direct management and exclusive use (including workspace and equipment, balconies, terraces...).

2.1.2. Rights and responsibilities of the agency directly managing and using the portion for individual use

- Implement maintenance of the office premises in accordance with Article 10 of the Regulation and Decision No. 15/2006/QĐ-BXD dated June 2, 2006 issued by the Minister of Construction on regulations for office maintenance of administrative state agencies;

- Fulfill responsibilities for managing and using office premises in accordance with Article 11 of the Regulation.

2.2. Regarding the shared-use portion:

2.2.1. The shared-use portion within inter-agency office premises includes areas and equipment used collectively by agencies within such premises, such as conference halls, meeting rooms, parking areas, common restrooms, corridors, staircases, elevators, power supply systems, water supply and drainage systems, communication services, water tanks, septic tanks, courtyards, flower beds... which are assigned by the immediate superior to one agency working within the inter-agency office premises to represent and be responsible for management.

2.2.2. Rights of agencies in using the shared-use portion

- To use conference halls and meeting rooms to organize meetings, conferences, seminars...; agencies requiring the use of conference halls and meeting rooms must prepare plans and register at least five days in advance with the agency managing the shared-use portion to arrange usage according to the plan, except in emergencies;

- To use areas and equipment serving movement (corridors, staircases, elevators...) within inter-agency office premises;

- To connect and use information and communication services, power supply, water supply and drainage... within inter-agency office premises.

2.2.3. Responsibilities of the agency entrusted with managing the shared-use portion

- Draft internal rules and regulations for managing and using inter-agency office premises to unify with other agencies sharing the premises, sign and issue them as a basis for management and implementation;

- Inspect and urge officials, civil servants, employees, and visitors to comply with the internal rules and regulations of the agency;

- Ensure security, order; prevent fires and explosions; park motor vehicles, motorcycles, bicycles; maintain public hygiene, collect waste; care for gardens and ornamental plants within the inter-agency office premises;

- Manage and operate shared-use equipment (water pumps, elevators, generators...);

- Ensure the schedule for using conference halls and meeting rooms for agencies that have registered;

- Take the lead and coordinate with other agencies sharing the premises to develop plans, budgets for maintenance, allocate maintenance costs for shared-use areas according to Decision No. 15/2006/QĐ-BXD dated June 2, 2006 issued by the Minister of Construction on regulations for office maintenance of administrative state agencies, while developing plans and allocating costs for maintenance and operation of shared-use equipment;

- Annually report supplementary management and use of office premises to the superior agency and the state management agency for office premises, and retain records of inter-agency office premises management.

IV. ON REPORTING ON THE MANAGEMENT AND USE OF OFFICE PREMISES BY ADMINISTRATIVE STATE AGENCIES

1. By November 25 each year, ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall compile reports on changes in the management and use of office premises of subordinate units and submit them to the Ministry of Construction for compilation and reporting to the Prime Minister.

2. Reports on the management and use of office premises by ministries, ministerial-level agencies, and government-affiliated agencies shall follow the format specified in Appendix 2A attached to this Circular; reports on the management and use of office premises by administrative state agencies in centrally-administered cities shall be compiled by the Construction Departments of these cities and submitted to the provincial People's Committees for signature or authorized signature, following the format specified in Appendix 2B attached to this Circular.

Contents of reports on changes include specific indicators as follows:

(1) Land area: record increases or decreases compared to data in the office premises cadastral map;

(2) Building area: record increases or decreases compared to data in the office premises cadastral map;

(3) Average building area per official, civil servant, employee (including contractual staff) at the time of reporting;

(4) Record the value of real estate assets according to accounting books at the time of reporting;

(5) Plans for renovation and new construction of office premises approved by competent authorities (if any);

(6) Budget estimates for renovation and new construction approved by competent authorities (if any).

3. All investment projects for renovating and constructing new office premises for administrative state agencies at all levels, once decided by competent authorities, must report to the state management agency for office premises before implementing renovation and new construction of office premises.

4. The National House Management Department is responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of the Regulation and this Circular. It will compile the management and use of office premises by ministries, sectors, and localities to report to the Minister for submission to the Prime Minister.

V. EFFECTIVE DATE

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette.

2. Ministers, heads of ministerial-level agencies, and government-affiliated agencies shall instruct their Office Chiefs; provincial People's Committees shall instruct lower-level People's Committees and relevant local agencies to implement the Regulation on Managing Office Premises of Administrative State Agencies and the guidance provided in this Circular.

During implementation, if there are difficulties, ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees of centrally-administered cities should promptly reflect them to the Ministry of Construction for guidance on implementation or report to the Prime Minister for consideration and resolution./.