Decision No. 08/2012/QD-TTg On the standards, quotas, and management and usage regulations for office premises, public service bases, and housing for Vietnamese agencies abroad

Pursuant to …;

Regarding the establishment of standards, quotas, and management and usage regulations for office premises,

operational bases of public services, and housing for Vietnamese agencies abroad

_______________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

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

Pursuant to the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009;

Pursuant to Decree No. 23/2010/NĐ-CP dated March 12, 2010 of the Government on the management and use of state assets by Vietnamese agencies abroad;

Pursuant to the Vienna Convention on Diplomatic Relations of 1961; the Vienna Convention on Consular Relations of 1963; the Vienna Convention on the Representation of States in International Organizations of 1975;

Considering the proposal of the Minister of Finance and the Minister of Foreign Affairs,

DECISION:

PART I

GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

1. The scope of application of this Decision includes:

a) Agencies representing the Socialist Republic of Vietnam abroad as defined in Article 1, Clause 1, Point a of this Decision under the Law on Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009;

b) Other Vietnamese agencies abroad not part of the organizational structure of representative agencies, which receive funding from the state budget or have origins from the state budget established by ministries, ministerial-level agencies, government agencies, other central agencies, and provincial people's committees directly under the central government.

2. Scope of regulation: setting standards, quotas, and management and usage regulations for assets that are office premises and housing for staff of agencies representing the Socialist Republic of Vietnam abroad.

Article 2. In this Decision, the following terms shall be understood as follows:

1. "Vietnamese agencies abroad" means the agencies specified in Article 1, Clause 1, Points a and b of this Decision.

2. "Office premises of representative agencies" means the building and land within the compound (if any) or a portion of the building area used for the purpose of work by the representative agency.

3. "Housing for staff of representative agencies" means the building and land within the compound (if any) or a portion of the building area used for the purpose of residence by staff of the representative agency.

4. "Office premises and housing abroad owned by the Vietnamese state" means assets invested in or purchased with funds allocated by the Vietnamese state budget or having origins from the Vietnamese state budget; assets received as aid or grants from governments, non-governmental organizations, and other international organizations; assets donated or gifted to the Vietnamese government by domestic or foreign organizations.

5. "Office premises and housing pursuant to an Agreement" means assets exchanged according to an agreement between the Vietnamese government and the host country's government during the period the agreement remains in effect.

6. "Rented office premises and housing" means assets rented by Vietnamese agencies abroad from the host country's government or from organizations or individuals under contracts signed between both parties.

7. "Total working area of Vietnamese agencies abroad" includes:

a) "Working area for officials, civil servants, employees" means the square meters of floor space designated for each workplace of officials, civil servants, and employees for use in their work at the office premises;

b) "Common and technical area" means the square meters of floor space used for common services at the office premises of Vietnamese agencies abroad;

The common and technical area includes: reception area, meeting room area, information and communication service area, health service area, storage area, library area, and common area for coats and hats;

c) "Auxiliary and service area" means the square meters of floor space determined based on the design function of the building, including: main lobby area, secondary lobby area, corridor area, restroom area, warehouse area, kitchen area, waste storage area;

d) Staircase area, parking area, conference hall area.

Article 3. Principles for managing and using office premises and housing of Vietnamese agencies abroad

1. The management and use of office premises and housing of Vietnamese agencies abroad must comply with the assigned purposes, ensuring economy and efficiency in accordance with Vietnamese laws, laws of the host country, provisions of relevant agreements or contracts. Strictly prohibit the misuse of office premises and housing for purposes other than those assigned; causing loss, waste, damage; and causing damage to state property.

2. The procurement, construction, leasing of office premises and housing of Vietnamese agencies abroad must be in line with standards, norms, and regulations issued by competent authorities in Vietnam. Procedures and formalities regarding investment, construction, procurement, equipment, sale, transfer, and liquidation of office premises and housing of Vietnamese agencies abroad shall be carried out in accordance with the following documents:

a) The Vienna Convention on Diplomatic Relations of 1961; The Vienna Convention on Consular Relations of 1963; The Vienna Convention on the Representation of States in International Organizations of 1975;

b) Agreements signed between the Government of Vietnam and the Government of the host country;

c) Laws of the host country;

d) Laws of Vietnam.

In case of inconsistency among the above-mentioned documents, implementation shall follow the order from top to bottom.

Office premises and housing that are assets received through sponsorship, aid, gifts, assets established as state-owned property, exchanged according to agreements, shall be managed in accordance with the agreements, signed documents, and Vietnamese laws.

3. Depending on conditions and work locations, the Minister, Head of a ministry-level agency, Head of a government-affiliated agency, Head of another central agency, and Chairperson of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as the Minister, Head of the supervising agency) shall decide or delegate to the Head of Vietnamese agencies abroad to decide on positions allowed to reside within the compound of office premises.

4. In cases where an officer concurrently holds multiple positions with housing standards, the highest position's housing standard shall apply.

5. Office premises and housing of Vietnamese agencies abroad shall be insured in accordance with the laws of the host country. Maintenance and repair of office premises and housing of Vietnamese agencies abroad shall be conducted in accordance with prescribed technical standards and regulations, consistent with Vietnamese laws, laws of the host country, and the approved budget.

6. Office premises and housing of Vietnamese agencies abroad shall be liquidated upon decision of the competent authority when the assets have reached their useful life and cannot be further utilized.

7. Office premises and housing of Vietnamese agencies abroad shall be accounted for under the administrative and public service accounting system. For assets that Vietnamese agencies abroad lease or only have management and usage rights according to agreements or lease contracts, separate tracking shall be required.

8. In cases where violations of asset management and usage regulations stipulated in this Decision and related laws occur, the Head of Vietnamese agencies abroad and related individuals shall be subject to administrative penalties, disciplinary actions, or criminal liability as prescribed by law, and if damage occurs, compensation shall be provided in accordance with the law.

Chapter II

SPECIFIC PROVISIONS

Article 4. Standards and quotas for the use of working and living space areas for Vietnamese officials, civil servants, and staff stationed abroad are stipulated as follows:

1. Standards and quotas for the use of working and living space areas for Vietnamese agencies stationed abroad where the host country is a significant partner.

2. Standards and quotas for the use of working and living space areas for Vietnamese agencies stationed abroad in other countries.

3. The determination of Vietnamese agencies stationed abroad that fall under the application of standards and quotas prescribed in Clause 1 and Clause 2 of this Article shall be decided by the Ministry of Foreign Affairs based on the classification of diplomatic partners of the Government.

4. The total working and living space area of Vietnamese agencies stationed abroad shall be determined based on the number of officials, civil servants, employees of Vietnamese agencies stationed abroad as prescribed by the State and the standards and quotas for one workstation and one residence prescribed in Clause 1 and Clause 2 of this Article.

5. In cases where positions prescribed in Clause 1 and Clause 2 of this Article have standards for accompanying family members, additional living space area for each member of the accompanying family (06 m² sq/person) shall be added.

6. For some important locations requiring the provision of separate residences for Special Envoys and Ambassadors to combine diplomatic work, the Ministry of Foreign Affairs will negotiate with the Ministry of Finance to arrange such residences but the living space area must not exceed the standards prescribed in Clause 1 and Clause 2 of this Article.

7. In cases where, due to special diplomatic requirements, Vietnamese agencies stationed abroad need additional working and living space areas for Ambassadors/Heads of Other Vietnamese Agencies Abroad, the Minister or Head of the main agency shall decide after obtaining written agreement from the Ministry of Finance for each project.

8. For office premises and residences that are objects of reciprocal agreements between the Government of Vietnam and the host country, management and use shall be carried out according to the signed agreement.

The Minister or Head of the main agency shall base regulations on specific working and living space areas for positions in Vietnamese agencies stationed abroad, consistent with the standards and quotas prescribed in this Article, on actual conditions, working locations, and relations in each country and territory with Vietnamese agencies stationed abroad.

Article 5. Standards and quotas for public, technical, and auxiliary areas serving the needs are stipulated as follows:

1. For Vietnamese agencies stationed abroad with 30 or more officials, civil servants, employees, the maximum total area of service, auxiliary, public, and technical sections shall be 70% of the total working area for officials, civil servants, employees.

2. For Vietnamese agencies stationed abroad with 15 to less than 30 officials, civil servants, employees, the maximum total area of service, auxiliary, public, and technical sections shall be 90% of the total working area for officials, civil servants, employees.

3. For Vietnamese agencies stationed abroad with 5 to less than 15 officials, civil servants, employees, the maximum total area of service, auxiliary, public, and technical sections shall be calculated at 110% of the total working area for officials, civil servants, employees.

4. For Vietnamese agencies stationed abroad with fewer than 5 officials, civil servants, employees, the maximum area of service, auxiliary, public, and technical sections shall be 130% of the total working area for officials, civil servants, employees.

Article 6. Provisions on staircase area, parking area, and conference hall area

1. The Minister, Head of the managing agency of Vietnamese agencies abroad shall decide specifically on the staircase area and parking area suitable to the actual conditions of each office premises and the laws of the host country.

2. The Minister, Head of the managing agency of Vietnamese agencies abroad shall decide specifically on the conference hall area of Vietnamese agencies abroad based on actual conditions, working areas, relations in each country, region with Vietnamese agencies abroad after obtaining a written consensus from the Ministry of Finance.

Article 7. Housing for Vietnamese Agencies Abroad

1. The allocation of housing for positions at Vietnamese agencies abroad shall be carried out through the following methods:

a) Utilizing the existing housing fund owned by the Vietnamese State in the host country;

b) Renting housing according to the standards and usage norms stipulated in this Decision and budgetary capacity;

c) Allocating rental housing expenses for officials, civil servants, employees, and staff voluntarily, with allocated costs lower than the rental costs that Vietnamese representative agencies abroad incur for the positions specified in Article 4 of this Decision.

2. Based on specific conditions in each country and the actual situation of Vietnamese agencies abroad, the Minister, Head of the managing agency shall decide or delegate authority to the Head of Vietnamese agencies abroad to decide on the use of housing according to the methods prescribed in Clause 1 of this Article.

Article 8. Management and Use of Premises and Housing Owned by the Vietnamese State

The management and use of premises and housing owned by the Vietnamese State shall be implemented in accordance with the provisions of Government Decree No. 23/2010/NĐ-CP dated March 12, 2010, stipulating the management and use of state assets of Vietnamese agencies abroad.

Article 9. Maintenance and Repair of Premises and Housing Owned by the Vietnamese State

1. Maintenance and repair of working premises and housing must comply with the appropriate maintenance system and technical standards in accordance with Vietnamese law, the laws of the host country, and the approved budget estimate;

When working premises and housing deteriorate, Vietnamese agencies abroad shall prepare a renovation and repair project to submit to the competent authority specified in Clause 2 of this Article for approval. Regular repairs, major repairs, and upgrades of working premises and housing can only be carried out when they have been included in the approved budget estimate.

2. The Minister, Head of the managing agency shall approve projects for major repairs and upgrades of working premises and housing of Vietnamese agencies abroad under their jurisdiction.

For regular repair and minor repair projects, the Minister, Head of the managing agency shall delegate authority to the Head of Vietnamese agencies abroad to approve them.

Article 10. Sale of Premises and Housing Owned by the Vietnamese State

1. Working premises and housing may be sold in the following cases:

a) Vietnamese agencies abroad do not need to use them;

b) They are not being used effectively.

2. Authority to decide on the sale of working premises and housing:

a) The Prime Minister decides to sell working premises and housing with an original value of 10 million USD or more according to the books of account upon the proposal of the Minister, Head of the managing agency, and the Minister of Finance;

b) The Minister, Head of the managing agency decides to sell working premises and housing with an original value of less than 10 million USD according to the books of account after obtaining a consensus from the Minister of Finance.

3. Proceeds from the sale of working premises and housing shall be deposited into the state budget for management and use in accordance with the laws on the state budget, except where permission is granted to use them to implement investment projects as stipulated in Clause 2 of Article 15 of this Decision.

Article 11. Liquidation of State-owned Premises and Housing

1. On the basis of the principle stipulated in Clause 6, Article 3 of this Decision, the Minister, Head of the Managing Authority decides or delegates to the Head of the Vietnamese Agency abroad to decide on the liquidation of premises and housing under the ownership of the Vietnamese State within their management scope.

2. The liquidation of assets of the Vietnamese Agency abroad shall be carried out through the Asset Liquidation Council established by the Head of the Vietnamese Agency abroad, with the Head of the Vietnamese Agency abroad serving as the Chairman of the Council and members being representatives of relevant departments of the Vietnamese Agency abroad.

3. The proceeds from asset liquidation shall be deposited into the State budget in accordance with the laws on the State budget.

Article 12. Management and Use of Premises and Housing According to Agreements

1. Premises and housing exchanged according to agreements between the Government of the Socialist Republic of Vietnam and the Government of the host country shall be managed and used in accordance with the provisions of the agreement and the laws of the host country.

2. In cases where the premises and housing under the agreement deteriorate and require renovation or repair beyond the scope of the agreement, based on consultations with competent authorities of the host country, the Head of the Vietnamese Agency abroad shall propose to the Minister, Head of the Managing Authority for consideration and decision in accordance with the allocated budget estimate.

Article 13. Management and Use of Rented Premises and Housing

1. The Vietnamese Agency abroad may rent premises and housing in the following cases:

a) When there is no premises or housing or when the current area of premises or housing is less than 70% of the standard and usage norms, seriously affecting the performance of assigned tasks;

b) When renting premises and housing is more effective than investment or purchase.

2. The quantity, type, and area of rented premises and housing must comply with the standards and usage norms prescribed in this Decision; rental prices must be consistent with market rental rates for similar conditions in the local market.

3. The authority to decide on renting premises and housing is determined by the Minister, Head of the Managing Authority or delegated to the Head of the Vietnamese Agency abroad in accordance with the allocated budget estimate.

4. The management and use of rented assets shall be carried out in accordance with the provisions of the agreement, lease contracts, and regulations issued by the Head of the Vietnamese Agency abroad.

5. In cases where the lessor requires a deposit in the lease contract, the Vietnamese Agency abroad may temporarily borrow funds for the deposit. The Vietnamese Agency abroad is responsible for recovering and repaying the temporarily borrowed funds.

6. The Minister, Head of the Managing Authority decides or delegates to the Head of the Vietnamese Agency abroad to decide on compensation or repairs for rented premises and housing that are damaged during use, in accordance with the provisions of the contract.

Chapter III

REORGANIZATION AND HANDLING OF PREMISES AND HOUSING

Article 14. Reorganization and Handling of Premises and Housing

1. The Vietnamese Agency abroad must reorganize premises and housing in compliance with the regulations on organizational mergers, staffing, and asset management as stipulated in the Law on Vietnamese Representative Agencies Abroad, in accordance with the assigned purpose and in line with the standards and norms prescribed in this Decision. A reorganization and handling plan must be developed for all premises and housing according to each type: state-owned, reciprocal, and rented.

2. The reorganization of premises and housing must ensure independent use between work premises and housing. In cases where independent use is not possible, the working and living spaces for staff must be rearranged appropriately to avoid impacting diplomatic activities.

3. Premises and housing used for purposes other than those intended or not used at all shall be recovered and reallocated to other agencies for use or sold in accordance with the laws on the management and use of state assets.

4. For premises and housing that the Vietnamese Agency abroad was using before the effective date of this Decision, the following measures shall be taken:

a) If the current area of work premises or housing does not exceed or fall below 10% of the standards and norms prescribed in this Decision, continued use is allowed;

b) If the current area of work premises or housing exceeds 10% of the standards and norms prescribed in this Decision, it must be rearranged and adjusted to comply with the standards and norms;

c) After arranging the areas for work and living spaces for staff of the Vietnamese Agency abroad in accordance with the standards and norms prescribed, if there is remaining space, it can be arranged as a guest room. The Head of the Vietnamese Agency abroad shall set the service fee for guest rooms based on the principle of covering costs, with no support from the State budget for this service.

5. For the Vietnamese Agency abroad currently using premises and housing as specified in Clause 1, Article 13 of this Decision, such agency shall request additional leasing of premises and housing to ensure the required area of work premises and housing in accordance with the standards and norms prescribed in this Decision.

New leasing of premises and housing can only be approved after comprehensive reorganization.

6. The Head of the Vietnamese Agency abroad responsible for managing and using premises and housing shall develop a reorganization and handling plan for premises and housing managed by the agency or unit; the Minister, Head of the Managing Authority shall approve the plan after receiving a written consensus from the Ministry of Finance.

Article 15. Management and use of funds obtained from reorganization and disposal of office premises and housing

Clause 1. The funds obtained from reorganizing and disposing of office premises and housing, after deducting related expenses, shall be remitted to the state budget in accordance with the laws on the state budget.

Clause 2. In cases where overseas Vietnamese agencies have investment projects for constructing, upgrading, or renovating office premises and housing without allocated funding, the relevant ministries or managing agencies shall request the Ministry of Finance to consider allowing the use of such funds to implement the investment projects in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Implementation Provisions

Clause 1. This Decision takes effect from March 26, 2012.

Clause 2. Abolish Decision No. 279/VP dated March 10, 1997 of the Minister of Foreign Affairs regarding the issuance of the Regulations on the management and use of assets of overseas representative offices of the Socialist Republic of Vietnam and previous provisions that conflict with this Decision.

Clause 3. Matters concerning the management and use of office premises and housing of overseas Vietnamese agencies not specified in this Decision shall be implemented in accordance with the State Asset Management and Utilization Law and guiding documents.

Article 17. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of central agencies, Chairpersons of provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Decision./.