Circular No. 122/1999/TT-BTC guides the declaration and registration of workplaces under state ownership at administrative and public service agencies.

CIRCULAR

Guidelines for registering state-owned office premises

at administrative and public service agencies

Pursuant to Decision No. 20/1999/QĐ-BTC dated February 25, 1999, issued by the Minister of Finance on the issuance of the Regulation on the management and use of office premises at administrative and public service agencies, the Ministry of Finance provides specific guidelines regarding the scope, subjects, procedures, and formalities for registration and issuance of certificates of management and use rights for real estate belonging to state-owned office premises at administrative and public service agencies as follows:

I. SCOPE AND SUBJECTS OF REGISTRATION FOR OFFICE PREMISES

1- All levels of state agencies, public service units, armed forces units, political organizations, political-social organizations, and diplomatic agencies of the Socialist Republic of Vietnam abroad (collectively referred to as administrative and public service agencies) must register state-owned office premises with financial authorities for asset management according to the guidelines set forth in this Circular.

2- The objects subject to registration include buildings used for work purposes, receiving guests, meetings, warehouses, guard houses, parking areas, ancillary facilities, and other architectural structures attached to the land within the compound defined in Article 1 of the Regulation on the Management and Use of Office Premises at Administrative and Public Service Agencies issued together with Decision No. 20/1999/QĐ-BTC dated February 25, 1999, by the Minister of Finance.

The following objects are not subject to registration under the guidelines of this Circular:

- Buildings and land within the compounds of hospitals, health centers, medical stations, rehabilitation facilities; universities, colleges, vocational schools, high schools, middle schools, primary schools, kindergartens, and nurseries;

- Buildings and land within research centers, conservation sites, museums, sports training grounds, performance venues, and stadiums;

- Buildings and land within national reserve warehouses, defense and security facilities, and special-purpose facilities of defense and security sectors including prisons and correctional facilities.

3- Several principles to note when registering:

a) Any agency directly assigned by the State to manage office premises shall be responsible for registering such premises.

b) For office premises managed and used by multiple administrative and public service agencies, the heads of each agency shall register the area they use based on decisions of state agencies granting usage rights; or according to the agreed division records if the usage areas have not been clearly defined in the aforementioned decisions.

c) Registration of buildings and land within office premises of the Ministry of National Defense, the Ministry of Public Security, and diplomatic agencies of the Socialist Republic of Vietnam abroad shall follow separate guidelines provided by these ministries and sectors after consultation with the Ministry of Finance.

d) For buildings and land within office premises currently used by administrative and public service agencies with state ownership but leased from local land management agencies, the Chairman of the People's Committee of provinces and centrally-administered cities shall issue a decision to transfer state-owned office premises to the management and use of administrative and public service agencies according to Article 20 of the Regulation on the Management and Use of Office Premises at Administrative and Public Service Agencies issued together with Decision No. 20/1999/QĐ-BTC dated February 25, 1999, by the Minister of Finance. Subsequently, the agencies shall register with the financial authority.

e) For office premises used by administrative and public service agencies as collective housing for officials and civil servants, for rent, or for production and business services, the agencies directly managing and using the premises shall handle them according to Circular No. 69/1999/TT-BTC dated June 9, 1999, issued by the Ministry of Finance on guiding the handling of state assets in the public service sector after the comprehensive inventory and revaluation of fixed assets in the public service sector. After properly utilizing the office premises, the agencies directly managing the premises must register according to this Circular.

g) For office premises that intermingle guest rooms and residential quarters with working spaces, the agencies directly managing and using the premises must register according to this Circular; simultaneously, they must remove guest rooms and residential quarters from the office premises in accordance with regulations.

II. DOCUMENTATION FOR REGISTERING REAL ESTATE

BELONGING TO OFFICE PREMISES AT ADMINISTRATIVE AND PUBLIC SERVICE AGENCIES

1- In cases where new certificates of management and use rights for real estate belonging to office premises are requested:

- A letter requesting the issuance of a certificate of rights to manage and use real estate for headquarters of state-owned administrative and institutional units, detailing the current management and use of the headquarters.

- A letter requesting the issuance of a certificate of management and use rights for real estate belonging to office premises, detailing the current management and use of existing office premises;

- A registration form for management and use rights of office premises according to Model No. 01 attached to the Regulation on the Management and Use of Office Premises at Administrative and Public Service Agencies issued together with Decision No. 20/1999/QĐ-BTC dated February 25, 1999, by the Minister of Finance;

- Relevant documents concerning buildings and land; floor plans of individual buildings and the compound (if available).

2- In cases where changes to certificates of management and use rights for real estate belonging to office premises are requested:

Situations involving changes in office premises due to: changes in managing and using agencies (splitting, merging, name changes); receipt; transfer; liquidation of office premises; and renovation and expansion leading to changes in the area of buildings and land within the office premises compared to previously registered information or damaged certificates requiring replacement, the agencies directly managing and using the premises must prepare a dossier to request changes to the certificate of management and use rights for real estate belonging to office premises. The dossier includes:

- A letter requesting the change, specifying the reasons for changing the certificate of management and use rights for real estate belonging to office premises;

- A registration form for management and use rights of office premises according to Model No. 01 attached to the Regulation on the Management and Use of Office Premises at Administrative and Public Service Agencies issued together with Decision No. 20/1999/QĐ-BTC dated February 25, 1999, by the Minister of Finance;

- Relevant documents concerning buildings and land; floor plans of individual buildings and the compound (if available);

- Previously issued certificates of management and use rights for real estate belonging to office premises.

3. In the case of requesting to reissue the certificate for the right to manage and use real estate at the workplace premises:

In the event of loss of the certificate, the agency under the State administrative apparatus directly managing and using the workplace premises shall request to reissue the certificate. The dossier includes:

- A letter requesting the reissuance of the certificate, clearly stating the reasons for reissuing the certificate for the right to manage and use real estate at the workplace premises;

- A registration form for the right to manage and use workplace premises according to Model No. 01 attached to the Regulation on Management and Use of Workplace Premises at State Administrative Agencies issued together with Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance.

III. PROCEDURE AND REGISTRATION REQUIREMENTS FOR THE ISSUANCE OF THE CERTIFICATE FOR THE RIGHT TO MANAGE AND USE REAL ESTATE AT WORKPLACE PREMISES

AND AUTHORITY TO ISSUE THE CERTIFICATE

FOR THE RIGHT TO MANAGE AND USE REAL ESTATE AT WORKPLACE PREMISES

1. Procedure and registration requirements:

State administrative agencies directly managing and using real estate at workplace premises shall prepare two sets of registration dossiers for their own agency according to the guidelines set out in Part II of this Circular, including:

- Retaining one set of the dossier for management purposes within the unit.

- Submitting one set of the dossier to the authority responsible for issuing the certificate as stipulated in Point 2, Part III of this Circular.

2. Authority to issue the certificate:

- For real estate at the workplace premises of central state administrative agencies (including ministries, sectors, central agencies of mass organizations, and organizations): The Minister of Finance shall issue the certificate.

- For real estate at the workplace premises of provincial-level state administrative agencies (including all units under these agencies, which are budgetary units at various levels of the provincial budget); central state administrative agencies located in provinces and centrally-administered cities (which are units under ministries, sectors, central agencies of mass organizations, and organizations): The Chairman of the People's Committee of the province or centrally-administered city directly issues the certificate or delegates the authority to the Director of the Provincial Department of Finance-Price to issue the certificate.

- For real estate at the workplace premises of district-level, county-level, town-level, and centrally-administered city-level state administrative agencies (which are budgetary units at various levels of the district budget): The Chairman of the People's Committee of the province or centrally-administered city directly issues the certificate or delegates the authority to the Chairman of the District People's Committee to issue the certificate.

IV. IMPLEMENTATION

1. All state administrative agencies and units nationwide have the responsibility to declare and register to obtain the certificate for the right to manage and use real estate at the workplace premises currently being managed and used, following the guidelines set out in this Circular.

2. The State Asset Management Agency (Ministry of Finance) has the responsibility to issue the declaration and registration forms and certificates for the right to manage and use real estate at the workplace premises, while guiding and urging the implementation in conjunction with the Provincial Departments of Finance-Price.

3. The competent state authority will only allow the allocation of state budget funds for renovation, repair, upgrading, expansion, and construction of workplace premises for state administrative agencies that have declared and registered and obtained the certificate for the right to manage and use real estate at the workplace premises.

4. By the end of the year (December 31), the Provincial Departments of Finance-Price have the responsibility to compile and report on the situation of declarations and registrations and issuance of certificates for the right to manage and use real estate at the workplace premises issued by local authorities to the Ministry of Finance (State Asset Management Agency) for compilation and reporting to the Prime Minister.

5. This Circular takes effect fifteen days from the date of signature. Previous regulations contrary to this Circular are hereby abolished. During implementation, if there are any difficulties, agencies and units are requested to reflect them to the Ministry of Finance (State Asset Management Agency) for consideration and resolution.