Decision No. 1051/QD-BNN-VP Issuing the Regulation on Management of Official Premises of the Ministry of Agriculture and Rural Development

Pursuant to …;

Issuing the Regulation on Management of Office Premises

of the Ministry of Agriculture and Rural Development

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 THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/ND-CP dated January 3, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decision No. 213/2006/QD-TTg dated September 25, 2006 of the Prime Minister promulgating the Regulation on Management of Office Premises of administrative agencies;

The Minister of Industry and Trade promulgates the Circular amending and supplementing certain provisions on the delegation of administrative procedures in fields under the management of the Ministry of Industry and Trade."

DECISION:

Article 1. Issued together with this Decision is the Regulation on Management of Office Premises of the Ministry of Agriculture and Rural Development.

Article 2. This Decision takes effect from the date of signature. All previous regulations contrary to this Regulation are abolished.

Article 3. The Director of the General Office, Heads of Departments, Bureaus, Inspectorate, Reform and Enterprise Management Board for Agriculture Enterprises; National Extension Center for Agriculture and Fisheries, Information Technology and Statistics Center shall be responsible for implementing this Decision./.

REGULATIONS

Management of Office Premises of the Ministry of Agriculture and Rural Development
(Issued together with Decision No. 1051/QD-BNN-VP dated April 9, 2008)

of the Minister of Agriculture and Rural Development)

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PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. This Regulation stipulates the management, utilization, transfer, recovery, renovation, and construction of new office premises, and maintenance of office premises of the Ministry of Agriculture and Rural Development's agencies;

2. The office premises referred to in this Regulation include: Working buildings and technical facilities serving the activities of the agency within the agency's land area;

3. Working locations managed by the Ministry's Office are the headquarters of the agency.

Article 2. Applicability

1. Units under the agency that are assigned to manage and use working office premises include:

a) The Office, Departments, Inspectorate, Reform Board (hereinafter referred to as units assigned to use office premises);

b) Bureaus and Centers with offices located at the agency's headquarters (hereinafter referred to as units assigned to manage and use office premises);

c) Bureaus assigned to manage and use their own office premises (outside the agency's headquarters).

2. Organizations and individuals not specified in Clause 1 of this Article but related to the use, transfer, recovery, renovation, and construction of new office premises at the agency's headquarters.

Chapter II

SPECIFIC PROVISIONS

Section I.

MANAGEMENT AND UTILIZATION OF OFFICE PREMISES

Article 3. Office Premises Management Files

1. Office premises management files include: Initial management files established when put into use and supplemented during the usage period.

2. Responsibilities for establishing and supplementing office premises management files.

a) The Ministry's Office is responsible for establishing, managing, and retaining management files of units assigned to use office premises in accordance with the law;

b) Units assigned to manage and use office premises are responsible for establishing, managing files according to current regulations and sending copies to the Office for consolidation and retention of the agency's headquarters management files;

c) The Ministry's Office and Bureaus assigned to manage and use their own office premises are responsible for establishing, managing files according to current regulations and sending copies to the Planning Department for consolidation and reporting to the Ministry and the Ministry of Construction as prescribed.

Article 4. Initial establishment of office premises management files

Contents of initial office premises management files established when put into use are stipulated in Article 4 of the Regulation on Management of Office Premises of Administrative Agencies issued together with Decision No.: 213/2006/QD-TTg dated September 25, 2006 of the Prime Minister (hereinafter referred to as the Regulation on Management of Office Premises of Administrative Agencies).

Article 5. Supplementing files during the usage period

1. Contents of files to be supplemented during the usage period include:

a. Documents related to the maintenance and renovation of office premises;

b. Documents related to the division and merger of office premises of units;

c. Documents related to the arrangement and transfer of office premises;

d. Cross-sectional files of office premises according to current regulations.

2. Supplementing files during the usage period by units shall be carried out as follows:

a) The Office is responsible for supplementing the management files of the agency's headquarters and establishing supplementary files during the usage period for units assigned to use office premises.

b) Units assigned to manage and use office premises are responsible for supplementing their usage period files and sending them to the Office for consolidation.

c) The Ministry's Office and Bureaus assigned to manage and use their own office premises are responsible for supplementing files according to current regulations and sending copies to the Planning Department for consolidation and reporting to the Ministry and the Ministry of Construction as prescribed.

Article 6. Establishing cross-sectional files and retaining, using office premises files

1. Units assigned to manage and use office premises, Bureaus assigned to manage and use their own office premises, and the Ministry's Office are responsible for:

a. Retaining management files of office premises as stipulated in Articles 4 and 5 of this Regulation;

b. Establishing cross-sectional files of office premises.

2. The Planning Department is responsible for compiling cross-sectional files of office premises of the Ministry and submitting them to the Ministry of Construction as prescribed.

3. Contents of cross-sectional files of office premises shall be implemented in accordance with the guidelines of the Ministry of Construction in Circular No. 01/2007/TT-BXD dated January 31, 2007 on guiding certain contents of the Regulation on Management of Office Premises of Administrative Agencies issued together with Decision No. 213/2006/QD-TTg dated September 25, 2006 of the Prime Minister.

Article 7. Provisions on Management and Utilization of Working Buildings

1. Units assigned to use office premises and units assigned to manage and use office premises shall implement the provisions of this Regulation.

2. Bureaus assigned to manage and use their own office premises are responsible for drafting and promulgating regulations on management and utilization of working office premises of their units, including the following contents:

a) Regulations that all organizations and individuals (including officials, civil servants, and employees of the agency and visitors) must comply with;

b) Regulations that organizations and individuals are not allowed to perform in office premises;

c) Responsibilities of Heads of agencies and units; officials, civil servants, and employees of the agency and visitors in the management and utilization of working buildings;

d) Provisions on handling organizations and individuals who violate internal regulations of the unit;

đ) Other contents (if any).

Article 8. Arrangement and Allocation of Workplaces

1. The Ministry's Office develops plans for arranging workplaces for units working at the agency's headquarters and proposes solutions for surplus property and land assets for the Ministry to decide in accordance with current regulations on分级回复

Responsibilities of units assigned to manage and use office premises and Bureaus assigned to manage and use their own office premises:

a) Review, arrange, and reconcile the current working area with the standards, norms, and staffing of their unit annually and submit to the Ministry's Office for consolidation;

b) Arrange and allocate workspaces for civil servants and contractual employees of the unit.

3. Units entrusted with the use of office premises must arrange their workspaces to ensure effective use and must review annually to report to the Ministry.

Article 9. Requirements for the use of office premises

1. General requirements for the use of office premises:

a) The use of workspace area and equipment must comply with the standards and norms for each position and specialized profession according to Decision No. 260/2006/QĐ-TTg dated November 14, 2006 on amending and supplementing Decision No. 147/1999/QĐ-TTg dated July 5, 1999 of the Prime Minister regarding 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 equipment and working tools of units and state officials, civil servants, and public servants;

b) The use of office premises must be in accordance with their design function and purpose; it is not allowed to occupy or use them for production, business, service, rental, lending, housing, etc.;

c) Inspect, urge, and remind units, organizations, and individuals to strictly implement the management and use of office premises;

d) Develop plans for maintenance and procurement of working equipment for the agency, officials, civil servants, and public servants as prescribed;

đ) Handle violations in the management and use of office premises within the unit.

e) Requirements for the use of offices:

- Outside each office must have a sign indicating the name of the unit and the positions of officials, civil servants, and public servants working in the office;

- Equipment inside the office must be neatly arranged and convenient for the members working in the office;

- Personal cooking devices may not be used in the office;

- Explosive materials and flammable substances may not be stored in the office;

- All electrical devices must be turned off before leaving the office at the end of working hours and non-used electrical devices must be turned off when leaving the room;

- When taking more than three consecutive days off, the office must be locked and sealed.

2. The Ministry's Office is responsible for:

a) Preparing a comprehensive layout diagram of the ministry's office premises which clearly shows the working blocks, offices, shared-use areas, technical facilities, and services of the ministry and its units. The comprehensive layout must be placed in a convenient location for administrative operations and visitors;

b) Installing signs with the name and address of the ministry outside the main gate of the ministry's office premises, and making signs with the names of units and positions of officials and civil servants in the offices for units entrusted with the use of office premises;

c) Arranging a permanent security guard team to maintain security and order 24/24 hours at the ministry's office premises; officials, civil servants, contractual employees, foreigners, and visitors entering the ministry's office premises must strictly adhere to the regulations stipulated in Decision No. 1240/QĐ-BNN-VP dated August 24, 2004 issued by the Minister of Agriculture and Rural Development regarding the duty roster and security of the ministry's office premises;

d) Ensuring the cleanliness of the ministry's office premises and common-use technical facilities and services;

đ) Equipping fire prevention systems for units entrusted with the use of office premises; inspecting and reminding units managing and using office premises to strictly follow fire prevention regulations;

3. Responsibilities of units entrusted with the management and use of office premises:

a) Making signs with the names of units in front of the buildings they manage and use, and making signs with the names of units and positions of officials and civil servants in the offices of the unit;

b) Ensuring hygiene at the unit and in the technical facilities and services they manage and use;

c) Fully equipping fire-fighting equipment at the unit's office premises in accordance with current regulations;

d) Ensuring security and order within the unit's office premises;

e) Annually (no later than November 15), units must consolidate changes in the management and use of office premises and submit to the Ministry's Office or provide ad hoc reports as required by the Ministry.

4. Departments entrusted with the management and use of separate office premises must fully implement points a, b, c, and d of Clause 3 of this Article. They must annually report changes in the management and use of office premises to the Department of Planning or provide ad hoc reports as required by the Ministry.

Article 10. Requirements for the use of technical facilities and common services:

1. General Requirements

a) Common-use areas in the agency include: conference halls, meeting rooms, walkways, parking areas, shared restrooms, corridors, staircases, power supply systems, water supply and drainage systems, communication systems, water tanks, septic tanks, courtyards, flower beds, ornamental plants...

b) Units, organizations, individuals, and visitors must strictly adhere to the internal rules and regulations of the agency;

c) Individuals and visitors must conserve electricity and water in technical facilities and common services. They must not cause pollution to potable water sources...

d) It is strictly prohibited to cause general uncleanliness in the agency. Garbage must be disposed of in designated locations. Environmental protection equipment must be placed in designated locations.

đ) The use of conference halls and meeting rooms managed by the Ministry's Office shall be governed by Decision No. 373/QĐ-BNN-VP dated January 28, 2008 of the Minister of Agriculture and Rural Development on the meeting system of the Ministry.

2. Responsibilities of units entrusted with the management of technical facilities and common services:

a) Regularly inspect and urge officials, civil servants, public servants, and visitors to strictly follow the internal rules and regulations of the agency and unit;

b) Maintain security and order; prevent fires; park cars, motorcycles, bicycles; public sanitation; collect garbage; care for gardens and ornamental plants... within the agency's office premises;

c) Manage and operate common-use equipment (water pumps, generators, water systems...);

d) Provide regulations on the financial contributions from units for the construction, renovation, upgrading, maintenance, repair, and operation of technical facilities serving common use.

4. Units, organizations, and individuals receiving visitors and guests; visitors coming to conduct official business must strictly comply with the provisions set forth in Decision No. 1240/QĐ-BNN-VP dated August 24, 2004, issued by the Minister of Agriculture and Rural Development regarding the duty roster, security, and protection at the Ministry of Agriculture and Rural Development's offices.

5. Responsibilities of units entrusted with managing and using office premises:

a) Regularly inspect and urge officials, civil servants, public servants, and visitors to strictly follow the internal rules and regulations of the agency and unit;

b) Contribute financially to the construction, renovation, upgrading, maintenance, repair, and operation of technical facilities serving common use.

Article 11. Office Maintenance

1. Office maintenance shall be carried out in accordance with Article 83 of the Construction Law on the maintenance of construction works and Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Government on the management of construction quality and the implementation of office maintenance systems for administrative agencies, as stipulated in the Regulations on Office Maintenance for Administrative Agencies, promulgated together with Decision No. 15/2006/QĐ-BXD dated June 2, 2006, by the Minister of Construction.

2. Ministry Office:

a) Develop an overall plan for maintaining the office premises of the Ministry including: Surveying the current status, planning capital, inspection, determining the degree and rate of deterioration, assessing the quality of office premises, and implementing necessary repairs to office premises when required, in accordance with the timeframes requested by units entrusted with using the office premises.

b) Take the lead and coordinate with units entrusted with managing and using office premises to develop plans and budgets for maintenance, allocate maintenance costs for shared areas, and simultaneously develop plans and allocate costs for the maintenance and operation of shared facilities within the office premises of the Ministry annually.

3. Units entrusted with managing and using office premises:

a) Are responsible for annual office maintenance, maintaining the quality, architecture, and usability of office premises and technical facilities serving common use that they manage and use.

b) Contribute financially to the maintenance, repair, and operation of technical facilities serving common use at the Ministry's office premises.

4. The maintenance of office premises of bureaus entrusted with managing and using their own office premises shall be carried out in accordance with the provisions of Clause 1 of this Article.

Chapter II.

MANAGEMENT OF REORGANIZATION, TRANSFER, AND WITHDRAWAL OF OFFICE PREMISES

Article 12. Reorganization of Office Premises

1. The Ministry’s Office is responsible for developing plans to reorganize workspace areas for units at the Ministry's office premises to submit to the leadership of the Ministry for decision.

2. Units entrusted with managing and using office premises and bureaus entrusted with managing and using their own office premises have the responsibility to review and reorganize the office premises they manage and use.

Article 13. Transfer and Withdrawal of Office Premises

1. The transfer and withdrawal of office premises of administrative units under the Ministry shall be decided by the leadership of the Ministry.

2. Units entrusted with managing and using office premises and bureaus entrusted with managing and using their own office premises will be subject to transfer or withdrawal if they misuse the premises, exceed the designated area beyond the standard, or cause wastage.

3. The Ministry’s Office:

a) Develops plans to submit to the Ministry for the transfer and withdrawal of units working at the Ministry's office premises according to the requirements for reorganizing workspace areas to ensure effective management by the Ministry.

b) Implements the reorganization, transfer, and withdrawal processes and prepares handover records with the units being transferred or withdrawn, and prepares handover records for units entrusted with managing and using the Ministry's office premises.

4. Bureaus entrusted with managing and using their own office premises shall follow Clause 1 of this Article.

5. Units entrusted with managing and using office premises and bureaus entrusted with managing and using their own office premises, upon being transferred or withdrawn, must fully transfer all files and the current state of the office land premises according to the transfer and withdrawal decisions made by the Ministry.

6. Costs for services to determine the remaining quality and value of office premises to be handed over to new users shall be deducted from the budget of units entrusted with managing and using office premises and bureaus entrusted with managing and using their own office premises.

Section III.

MANAGEMENT OF OFFICE RENOVATION AND NEW CONSTRUCTION

Article 14. Office Renovation and Repair

1. The Office of the Ministry shall carry out renovation and repair of facilities for units assigned to use for work and technical facilities serving common use at the headquarters of the ministry.

2. Units assigned to manage and use the workplace when repairing and renovating the workplace must coordinate with the Office regarding the overall planning management of the ministry's workplace, comply with requirements on investment construction procedures under the Construction Law, prepare current status evaluation reports, conduct surveys and design, and prepare project estimates for approval by the Ministry.

3. Departments that have been assigned separate workplaces may independently decide on renovation and repair according to the provisions of Clause 4 of this Article.

4. Conditions for renovated offices shall be implemented in accordance with the provisions of Article 16, Section 3, Chapter II of the Regulation on Management of Offices of State Administrative Agencies and current regulations on basic construction investment.

Article 15. Investment in Construction and Renovation of Offices

1. New construction and office renovation projects are decided on by the Ministry leadership and implemented in accordance with the provisions of Clause 2, Article 19 of the Regulation on Management of Offices of State Administrative Agencies.

2. Conditions for new construction investment are stipulated in Article 16, Section 3, Chapter II of the Regulation on Management of Offices of State Administrative Agencies and current state regulations on basic construction investment.

3. All office construction investment projects of units must comply with construction activity regulations and related regulations on project management and state budget capital utilization.

Article 16. Implementation of Renovation, New Construction, Acceptance, and Handover for Office Use

1. Implementation of office renovation and new construction projects shall be carried out in accordance with laws on investment and construction.

2. Acceptance and handover for office use shall be conducted in accordance with laws on investment and basic construction.

3. Units directly managing and using offices must participate in acceptance and handover as stipulated in Clause 2 of this Article and must directly inspect and trial operate office equipment.

Chapter III

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS IN OFFICE USE

Article 17. RESOLUTION OF DISPUTES ON OFFICE MANAGEMENT AND USE

1. Disputes related to ownership rights of buildings and land use rights with certificates or one of the types of documents specified in Clause 1, Clause 2, and Clause 5 of Article 50 of the Land Law shall be resolved by the People's Court.

Disputes related to office land use rights without land use right documents as stipulated herein shall be resolved in accordance with Clause 2 of Article 136 of the Land Law.

2. Disputes related to office management and use must be reported to the Ministry for consideration and resolution.

3. Disputes related to office renovation and new construction shall be resolved in accordance with laws on construction.

4. Disputes related to the Ministry's headquarters shall be jointly resolved by the Ministry Inspectorate and directly managing units in accordance with the law.

Article 18. HANDLING OF VIOLATIONS IN OFFICE USE

Organizations and individuals violating or abusing positions and powers to contravene regulations in this Regulation and related regulations on office management will be subject to administrative penalties, disciplinary actions, or criminal prosecution depending on the nature and severity of the violation as provided by law.

Chapter IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

Article 19. Responsibilities of units

1. The Office of the Ministry

a) Shall be responsible to the Ministry for the management of the ministry's workplace and submit to the General Planning Department for reporting to the Ministry of Construction;

b) Shall uniformly manage the overall planning of the ministry's workplace;

c) Shall cooperate with relevant units to build and submit to the Ministry for supplementation and change in working area and location, new office construction;

d) Shall guide, inspect, and urge the implementation of regulations on office management and use;

đ) Shall compile plans for repair and investment in renovation of the ministry's workplace funded by the state budget;

e) Shall take the lead and cooperate with the Construction Project Management Bureau, the Planning Department, the Finance Department, and related agencies to inspect compliance with standards and norms for office use, funding for renovation, new construction, and maintenance of offices.

2. Departments assigned to manage and use separate workplaces

Shall report annually to the Ministry (Planning Department) on the situation of office management and use at their departmental headquarters.

3. The Planning Department

a) Shall guide the preparation of plans for investment in renovation and new construction of state administrative agency offices under the Ministry;

b) Shall take the lead and cooperate with the Finance Department, the Construction Project Management Bureau, and related agencies to inspect compliance with plans for administrative office construction and compile reports for the Ministry to handle or handle within its authority any violations during the construction process;

c) Shall annually balance investment plans for renovation and new construction of offices to ensure economy and effectiveness.

d) Shall annually report to the Ministry and the Ministry of Construction on the situation of office management and use at the ministry's headquarters.

4. The Finance Department

a) Shall guide the use of funds for office renovation, new construction, and maintenance and determine the value of office assets;

b) Shall approve final accounts for office construction and repairs.

5. The Construction Project Management Bureau

a) Shall be responsible for reviewing the investment construction process of new or renovated office buildings, ensuring construction requirements;

b) Shall guide, inspect, and urge the implementation of construction standards and norms according to office model designs of state administrative agencies.

Article 20. Implementation

1. The Office of the Ministry shall cooperate with relevant units to disseminate, guide, and inspect the implementation of this Regulation within the ministry.

2. Heads of units shall be responsible for fully implementing the Regulation on office management, use, and maintenance.

3. During the implementation process, units encountering difficulties should reflect them to the Office of the Ministry for timely reporting and submission to the Ministry for appropriate amendments and supplements./.