CIRCULAR
Guidelines on certain contents of The Management Regulation for Office Premises and Workplaces of Publicly Funded Institutions issued together with Decision No. 141/2008/QĐ-TTg dated October 22, 2008, by the Prime Minister
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Pursuant to Decree No. 17/2008/NĐ-CP dated February 4, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;
Pursuant to Decision No. 141/2008/QĐ-TTg dated October 22, 2008, of the Prime Minister promulgating the Management Regulation for Office Premises and Workplaces of Publicly Funded Institutions;
The Ministry of Construction guides the implementation of certain provisions of the Management Regulation for Office Premises and Workplaces of Publicly Funded Institutions issued together with Decision No. 141/2008/QĐ-TTg dated October 22, 2008, of the Prime Minister (hereinafter referred to as the Regulation) as follows:
I. Scope of Regulation and Applicability
1. This Circular provides guidance on the management and use of office premises and workplaces; the contents of the horizontal extract of office premises and workplaces and the report on the use of office premises and workplaces of publicly funded institutions.
2. The management and use of office premises and workplaces as stipulated in Article 2 of the Regulation are as follows:
a) Units managing and using office premises, including:
- State-owned institutions under Ministries, agencies at the level of ministries, and government agencies;
- State-owned institutions under People's Procuracy and People's Court at all levels;
- State-owned institutions under political organizations and political-social organizations from central to local levels;
- State-owned institutions under People's Committees at all levels and provincial Departments and agencies;
- Political-social-professional organizations from central to local levels.
b) Units managing and using workplaces, including:
- Publicly funded institutions performing functions to provide public services in the fields of health, education-training, culture-sports-tourism, information, and communication;
- Publicly funded institutions performing functions to provide types of work with public social nature.
The list of workplaces of publicly funded institutions is attached as Appendix I to this Circular.
II. Contents of Horizontal Extract of Office Premises and Workplaces as stipulated in Clause 2, Article 6 of the Regulation
Publicly funded institutions directly assigned to manage and use office premises or workplaces shall be responsible for preparing the horizontal extract of office premises or workplaces according to Appendix II attached to this Circular with the following specific contents:
1. Name of the Horizontal Extract: if it is an office premise, it should be named "Horizontal Extract of Office Premises"; if it is a workplace, it should be named "Horizontal Extract of Workplace";
2. Name of the Unit: (record the name of the unit managing and using office premises or workplaces): if the unit belongs to a Ministry, record the name of the Ministry first and then the name of the unit; if the unit belongs to a province, record the name of the province first and then the name of the unit; if the unit belongs to a district, record the name of the district first and then the name of the unit; if the unit belongs to a Department or agency, record the name of the Department or agency first and then the name of the unit.
3. Name of the Office Premise or Workplace: record the name of the unit using the office premise, the unit using the workplace. In case of inter-agency office premises, record the names of all units.
4. Address: record the house number, street (road), village (ward, town), district (city, provincial city), province, centrally governed city, for example: No. 4 Quang Trung Street, Tran Hung Dao Ward, Hoan Kiem District, Hanoi City.
5. The contents of each column are recorded specifically as follows:
Column 1: record the serial number of each construction within the office premise or workplace compound;
Column 2: record the name of each construction according to its function, for example: Building A, Building B; Parking House C...;
Column 3: record the actual land area currently being used within the compound (square meters);
Column 4: record the land area for construction (square meters);
Column 5: record the total floor area of the construction (square meters);
Column 6: record the building density (%) within the office premise or workplace compound;
Column 7: record the year of construction of the construction (if applicable);
Column 8: record the number of floors of the construction (including ground floor);
Column 9: record the main load-bearing structure of the construction. For example: stone foundation, brick wall, reinforced concrete slab, tile roof.
Column 10: record the grade of the construction 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 repair and renovation at the most recent time;
Column 12: record the main contents of repair and renovation of the construction at the most recent time;
Column 13: record the value of the real estate assets of the office premise or workplace according to accounting records at the time of establishing the horizontal extract of office premise or workplace.
6. The completion time for preparing the horizontal extract for office premises and workplaces of publicly funded institutions must be completed by the end of 2010.
III. On Reporting the Situation of Management and Use of Office Premises and Workplaces as stipulated in Point d, Clause 4, Article 20 of the Regulation
1. By the latest date of November 25 each year, Ministries, agencies at the level of ministries, government agencies, related agencies, and Provincial People's Committees of centrally governed cities shall report the situation of investment in construction, management, and use of office premises and workplaces within their respective provinces, sectors, or departments to the Prime Minister, simultaneously sending reports to the Ministry of Construction, the Ministry of Planning and Investment, and the Ministry of Finance.
2. Reports on the management and use of office premises and workplaces of publicly funded institutions by Ministries, agencies at the level of ministries, government agencies, and other central agencies shall be prepared according to the model in Appendix III attached to this Circular; reports on the management and use of office premises and workplaces of publicly funded institutions in centrally governed cities shall be compiled by the Department of Construction and submitted to the Provincial People's Committee for signature or authorized signature and sent according to the model prescribed in Appendix IV attached to this Circular.
The contents of the report on changes include the following specific indicators:
(1) Land area: record the increase or decrease in land area compared to the data in the horizontal extract of office premises or workplace;
(2) Workplace area: record the increase or decrease in workplace area compared to the data in the horizontal extract of office premises or workplace;
(3) Average workplace area calculated per cadre, civil servant, or officer (including contractual cadres) at the reporting time;
(4) Record the value of real estate assets according to accounting records at the reporting time.
(5) The renovation and construction investment plan for new office premises or workplaces that has been approved by the competent authority (if any);
(6) The budget estimate for renovation and new construction that has been approved by the competent authority (if any).
3. All public service units' investment projects for renovating or constructing new office premises or workplaces must report to the state management agency responsible for office premises and workplaces as stipulated in Clause 1 and Point e, Clause 4, Article 20 of the Regulation on Managing Office Premises and Workplaces of Public Service Units issued together with Decision No. 141/2008/QĐ-TTg dated October 22, 2008 of the Government Prime Minister before implementation.This Regulation on Managing Office Premises and Workplaces of Public Service Units issued together with Decision No. 141/2008/QĐ-TTg dated October 22, 2008 of the Government Prime Minister.
4. The Department of Housing and Real Estate Market Management shall be responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of this Circular. It shall compile the situation of managing and using office premises and workplaces of ministries, sectors, and localities to report to the Minister for submission to the Government Prime Minister when required.
IV. Implementation Provisions
1. This Circular shall take effect from 45 the date of issuance.
2. Ministers of Ministries, Heads of agencies at the level of ministries, agencies under the Government, and other central agencies shall direct their functional units; Provincial People's Committees shall direct lower-level People's Committees and local functional agencies to implement the provisions of the Regulation on Managing Office Premises and Workplaces of Public Service Units and the guidance provided in this Circular.
During the implementation process, if there are any difficulties, ministries, agencies at the level of ministries, agencies under the Government, and provincial people's committees directly under the Central Government need to promptly reflect them to the Ministry of Construction for guidance on implementation or report to the Government Prime Minister for consideration and resolution./.