Decree No. 23/2010/NĐ-CP on the management and use of state assets of Vietnamese agencies abroad

DECREE

Provisions on the management and use of state property of

 Vietnamese agencies abroad

_____________

THE GOVERNMENT

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 Property dated June 3, 2008;

On the basis of the Law on State Agencies Representing the Socialist Republic of Vietnam Abroad dated June 18, 2009;

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

The scope of application of this Decree includes:

1. State property of Vietnamese representative agencies abroad (hereinafter referred to collectively as representative agencies).

2. State property of other Vietnamese agencies abroad that are not part of the organizational structure of representative agencies (hereinafter referred to collectively as other agencies).

3. Property including land, office premises, public service facilities, residential buildings, and other assets attached to land which are exchanged under agreements between the Government of the Socialist Republic of Vietnam and the host country's government; immovable property leased under agreements or contracts signed by representative agencies or other agencies are state assets subject to management and use by the Vietnamese state during the validity period of the agreement or contract.

4. Management and use of state property of Vietnamese enterprises abroad shall be carried out in accordance with current laws and regulations and are not within the scope of application of this Decree.

Article 2. Applicability

The subjects to which this Decree applies include:

1. Vietnamese representative agencies abroad as defined in the Law on Vietnamese Representative Agencies Abroad dated June 18, 2009.

2. Other Vietnamese agencies abroad that are not part of the organizational structure of representative agencies, funded from the state budget or having origins from the state budget established by Ministries, ministerial-level agencies, government agencies, central-level agencies, and provincial and municipal people's committees directly under the central government.

3. Other agencies and entities related to the management and use of state property of Vietnamese representative agencies and other agencies abroad.

Article 3. State property of Vietnamese representative agencies and other agencies abroad

1. State property of Vietnamese representative agencies and other agencies abroad (collectively referred to as Vietnamese agencies abroad) includes:

a) Land, office premises, public service facilities, residential buildings, and other assets attached to land;

b) Means of transportation;

c) Machinery, equipment, working tools;

d) Other assets as prescribed by law.

2. Sources of formation of state property of Vietnamese agencies abroad include:

a) Assets purchased by Vietnamese agencies abroad using funds allocated from the state budget or having origins from the state budget;

b) Assets received as donations, grants from foreign governments, non-governmental organizations, and international organizations; assets donated, gifted, or otherwise acquired and established as state-owned assets.

Article 4. Principles for managing and using state property of Vietnamese agencies abroad

1. Procurement and purchase of state property for Vietnamese agencies abroad must comply with standards, norms, and systems issued by competent authorities in Vietnam.

2. Procedures and formalities for investment, procurement, equipping, selling, transferring, liquidating, and destroying state property of Vietnamese agencies abroad shall be implemented according to the following documents:

a) The Vienna Convention on Diplomatic Relations of 1961;

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

c) Laws of the host country;

d) Laws of Vietnam.

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

3. The use of property of Vietnamese agencies abroad must be in accordance with assigned purposes, ensuring economy and effectiveness in compliance with Vietnamese laws, laws of the host country, and relevant agreements or contracts.

4. Strictly prohibit the use of state property for unauthorized purposes; causing loss, waste, damage; and harming state property.

5. Vehicles, office premises, public service facilities, residential buildings, and other assets attached to land must be insured in accordance with the regulations of the host country.

6. State property of Vietnamese agencies abroad shall be maintained and repaired in accordance with prescribed technical standards and regulations, consistent with Vietnamese laws, laws of the host country, and the approved budget.

7. Property of Vietnamese agencies abroad shall be liquidated upon decision of the competent authority when the asset has reached its useful life and cannot be further utilized.

8. State property of Vietnamese agencies abroad shall be accounted for under the administrative and public service accounting system. For assets leased or only managed and used under agreements or lease contracts, separate tracking is required.

9. Annually, Vietnamese agencies abroad shall report on the management, use, and disposal of state property as directed by the Ministry of Finance for the following state properties:

a) Office premises, public service facilities, residential buildings;

b) All types of motor vehicles;

c) Other assets with original value recorded in accounting books (in foreign currency) of 30,000 USD or more per unit of property.

10. In cases where violations of the provisions on the management and use of state property stipulated in this Decree and related laws occur, the heads of Vietnamese agencies abroad and related individuals shall be administratively punished, disciplined, or criminally prosecuted according to the law, and if damage occurs, compensation must be provided according to the law.

Chapter II

SPECIFIC PROVISIONS

Section 1

MANAGEMENT AND USE OF LAND, OFFICE PREMISES, PUBLIC SERVICE FACILITIES, RESIDENTIAL BUILDINGS AND OTHER ASSETS

 ATTACHED TO LAND

Article 5. Investment in construction, acquisition, and purchase of land, office premises, facilities for public services, housing, and other assets attached to land of Vietnamese agencies abroad

Clause 1. The investment in construction, acquisition, and purchase of land, office premises, facilities for public services, housing, and other assets attached to land of Vietnamese agencies abroad shall be carried out in the following cases:

- There is no office premises, facilities for public services, or housing.

- The current area of office premises, facilities for public services, and housing is less than 70% of the standard and quota, significantly affecting assigned tasks.

- Office premises, facilities for public services, and housing are severely deteriorated, not ensuring safety for users.

- Other cases as decided by the Prime Minister.

Clause 2. Authority to decide on investment in construction, acquisition, and purchase of land, office premises, facilities for public services, housing, and other assets attached to land of Vietnamese agencies abroad:

a) The Prime Minister decides on projects with a total capital of 10 million USD or more.

b) The Minister, Head of a ministry-level agency, Head of a government agency, Head of another central agency, and Chairman of the People's Committee of provinces and centrally-administered cities (hereinafter collectively referred to as the Minister, Head of the managing agency) decides or delegates authority to decide on remaining projects.

Clause 3. The Prime Minister stipulates the procedures and formalities for implementing investment in construction, acquisition, and purchase of land, office premises, facilities for public services, housing, and other assets attached to land of Vietnamese agencies abroad.

Article 6. Management and use of office premises, facilities for public services, housing, and other assets attached to land owned by the State of Vietnam

Clause 1. Vietnamese agencies abroad shall arrange land and houses for independent use between office premises and facilities for public services and housing. In cases where independent use is not possible, they must rearrange workspaces and residences of staff appropriately to avoid impacting diplomatic activities.

Clause 2. After arranging working areas and residences for staff of the agency in accordance with prescribed standards and quotas, if there is remaining space, it may be arranged as a guest reception room. The Head of the Vietnamese agency abroad shall set the service fee for the guest reception room based on the principle of covering all costs, with no state budget support for this service.

Clause 3. Office premises, facilities for public services, housing, and other assets attached to land that are used for purposes other than intended or are unused shall be reclaimed and handled according to the prescribed regulations.

Article 7. Maintenance and repair of office premises, facilities for public services, housing, and other assets attached to land owned by the State of Vietnam

Clause 1. Maintenance and repair of office premises, facilities for public services, and housing must comply with the appropriate technical standards and regulations as stipulated by Vietnamese law, local law, and the approved budget estimate.

In cases where office premises, facilities for public services, housing, and other assets attached to land are deteriorating, the Vietnamese agency abroad shall prepare a renovation and repair project to submit to the competent authority specified in Clause 2 of this Article for approval. Regular maintenance, major repairs, and upgrades of office premises, facilities for public services, and housing can only be implemented when included in the approved budget estimate.

Clause 2. The Minister, Head of the managing agency decides to approve major repair and upgrade projects for office premises, housing, and other assets attached to land of Vietnamese agencies abroad under their management.

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

Article 8. Sale of headquarters, operational facilities, residential properties, and other immovable assets attached to land owned by the State of Vietnam

Clause 1. State assets consisting of headquarters, operational facilities, residential properties, and other immovable assets attached to land may be sold under the following circumstances:

Point a. The Vietnamese agency abroad does not have a need for use.

Point b. Ineffective use.

Clause 2. Authority to decide on the sale of state assets:

Point a. The Prime Minister decides to sell state assets consisting of headquarters, operational facilities, residential properties, and other immovable assets attached to land with a book value of 10 million USD or more according to the proposal of the Minister in charge of the competent agency and the Minister of Finance.

Point b. The Minister in charge of the competent agency decides to sell state assets consisting of headquarters, operational facilities, residential properties, and other immovable assets attached to land with a book value below 10 million USD after obtaining the agreement in writing from the Minister of Finance.

Article 9. Liquidation of headquarters, operational facilities, residential properties, and other immovable assets attached to land owned by the State of Vietnam

Based on the provisions of Clause 7, Article 4 of this Decree, the Minister in charge of the competent agency decides or delegates to the Head of the Vietnamese Agency abroad to decide on the liquidation of headquarters, operational facilities, residential properties, and other immovable assets attached to land owned by the State of Vietnam within their management scope.

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

Revenue from asset liquidation shall be handled in accordance with the laws on the management and use of state assets.

For assets that are headquarters, operational facilities, residential properties requiring liquidation before the prescribed term, the Minister in charge of the competent agency shall consider and decide after obtaining a written consensus from the Ministry of Finance.

Article 10. Management and use of headquarters, operational facilities, residential properties, and other immovable assets attached to land pursuant to agreements

Clause 1. Assets consisting of headquarters, operational facilities, residential properties, and other immovable assets attached to land shall be exchanged based on agreements between the Government of the Socialist Republic of Vietnam and the host country's government, managed and used in accordance with the agreement and the laws of the host country.

Clause 2. In cases where assets consisting of headquarters, operational facilities, residential properties, and other immovable assets attached to land deteriorate beyond the scope of the agreement and require renovation or repair, upon agreement with the competent authorities of the host country, the Head of the Vietnamese Agency abroad shall propose to the Minister in charge of the competent agency to consider and decide according to the allocated budget estimate.

Article 11. Management and use of rented headquarters, operational facilities, residential properties, and other immovable assets

Clause 1. The Vietnamese Agency abroad may rent headquarters, operational facilities, residential properties, and other immovable assets in the following situations:

Point a. There is no headquarters, operational facilities, residential properties, and other immovable assets or they are insufficient compared to usage standards, causing significant impact on assigned tasks.

Point b. Renting is more effective than investment or purchase.

Clause 2. The quantity and types of rented headquarters, operational facilities, residential properties, and other immovable assets must comply with usage standards; rental prices must be consistent with market rates for similar properties in the local area.

Clause 3. Authority to decide on renting headquarters, operational facilities, residential properties, and other immovable assets is decided by the Minister in charge of the competent agency or delegated to the Head of the Vietnamese Agency abroad according to the allocated budget estimate.

Clause 4. Management and use of rented assets shall be carried out in accordance with the agreement, lease contract, and regulations issued by the Head of the Vietnamese Agency abroad.

Clause 5. If required by the host country's regulations, the Vietnamese Agency abroad must purchase insurance for rented assets.

Clause 6. If the lease contract requires the tenant to pay a deposit, the Vietnamese Agency abroad may temporarily advance funds and must recover them to repay the source of funding.

Clause 7. The Minister in charge of the competent agency decides or delegates to the Head of the Vietnamese Agency abroad to decide on compensation or repairs for rented headquarters, operational facilities, residential properties, and other immovable assets that are damaged during use, in accordance with the contract provisions.

Section 2

MANAGEMENT AND USE OF VEHICLES

Article 12. Procurement of means of transportation

1. Based on the standards, quotas, management and usage regulations for means of transportation prescribed by the Prime Minister and the budget allocation received, the head of the Vietnamese agency abroad shall report to the Minister, head of the agency, or the competent authority to decide on the price, type of means of transportation needed for procurement that is suitable with the actual situation of each location.

2. The procurement of new or replacement means of transportation must be carried out strictly in accordance with the prescribed standards and quotas. In cases where the laws of the host country differ from Vietnamese laws, the provisions of the host country's laws shall apply.

When procuring new or replacing means of transportation, there must be a purchase contract for the means of transportation. In cases where the host country does not have regulations on purchase contracts for means of transportation, a legal purchase receipt must be provided.

3. When conditions allow for the renewal of means of transportation due to preferential policies of the host country, the head of the Vietnamese agency abroad shall report to the Minister, head of the agency, or the competent authority for consideration and decision within the allocated budget.

Article 13. Management and Usage of Means of Transportation

1. The use of means of transportation by Vietnamese agencies abroad must be in accordance with the purpose, target audience, and comply with the standards and quotas prescribed by the competent authority.

2. The head of the Vietnamese agency abroad has the responsibility to issue regulations on the management and usage of means of transportation at their agency to ensure requirements of thriftiness and effectiveness, in compliance with the provisions of the Prime Minister and the working conditions in each country.

Article 14. Liquidation of Means of Transportation

The liquidation of means of transportation serving the work of Vietnamese agencies abroad shall be implemented as stipulated in Article 9 of this Decree.

Section 3

MANAGEMENT AND USE OF EQUIPMENT, FACILITIES, WORKING TOOLS, AND OTHER ASSETS

MEANS OF WORK AND OTHER ASSETS

Article 15. Procurement of Equipment, Facilities, Working Tools, and Other Assets

1. Based on the standards, quotas, management and usage regulations for equipment, facilities, working tools, and other assets prescribed by the competent authority and the budget allocation received, the head of the Vietnamese agency abroad shall report to the Minister, head of the agency, or the competent authority to decide on the quantity, price, and type of assets needed for procurement that is suitable with the actual situation of each location.

2. The Minister, head of the agency, or the competent authority decides or delegates the head of the Vietnamese agency abroad to decide on the procurement of assets which are equipment, facilities, working tools, and other assets within their management scope.

Article 16. Management and Usage of Equipment, Facilities, Working Tools, and Other Assets Serving the Work of Vietnamese Agencies Abroad

1. Equipment, facilities, working tools, and other assets of Vietnamese agencies abroad must be managed and used in strict accordance with the prescribed regulations.

2. It is strictly prohibited to exchange, gift, or give away state assets. The equipping, leasing, lending, and transferring of assets can only be carried out when permitted by the competent authority as stipulated in Clause 2 of Article 15 of this Decree.

3. Staff members responsible for managing and using equipment, facilities, working tools, and other assets must take responsibility for preserving and maintaining them to ensure economical and effective use.

4. Upon completion of their term of service, staff members must hand over all state assets they were assigned to use to the agency. If these assets are lost or damaged due to subjective reasons, compensation must be made according to the remaining value of the asset.

Article 17. Liquidation of Assets

1. The liquidation of machinery, equipment, working tools, and other assets shall be carried out as prescribed in Article 9 of this Decree.

2. It is not permitted to liquidate assets that are computer machinery and information storage devices containing state secrets, as well as cultural and artistic objects determined to be national antiques of Vietnam. In cases where these assets are no longer usable, the head of the Vietnamese agency abroad must decide to destroy them after seeking the opinions of domestic specialized agencies and the Minister or head of the managing agency. Prior to destruction, it must ensure the safety of documents stored in machines and information storage devices.

Chapter III

STATE MANAGEMENT RESPONSIBILITIES FOR STATE ASSETS OF VIETNAMESE AGENCIES ABROAD

Article 18. Responsibilities of the Ministry of Finance

1. Guide implementation and report to the Government on the management and use of state assets of Vietnamese agencies abroad.

2. Inspect, audit, and handle violations of laws regarding the management and use of state assets of Vietnamese agencies abroad within their authority.

3. Coordinate with the Ministry of Foreign Affairs and relevant ministries, sectors, and agencies to establish standards, quotas, and management systems for state assets of Vietnamese agencies abroad based on operational needs and financial capacity.

Article 19. Responsibilities of Ministries, Agencies Equivalent to Ministries, Government Agencies, and People's Committees of Provinces and Central-Supervised Cities

1. Take the lead in coordinating with the Ministry of Finance and relevant ministries, sectors, and agencies to establish standards, quotas, and management systems for state assets of Vietnamese agencies abroad based on operational needs and financial capacity.

2. Decide or delegate authority to decide on the management and use of state assets (special assets, if any) of Vietnamese agencies abroad within their jurisdiction as stipulated in this Decree and related documents.

3. Direct, guide, and inspect Vietnamese agencies abroad within their jurisdiction to implement the management and use of state assets in accordance with this Decree and related documents.

4. Inspect, audit, and handle violations of laws regarding the management and use of state assets of Vietnamese agencies abroad within their jurisdiction within their authority.

5. Report annually to the Ministry of Finance on the management and use of state assets of Vietnamese agencies abroad within their jurisdiction.

Article 20. Responsibilities of Heads of Vietnamese Agencies Abroad

1. Directly manage and use state assets of Vietnamese agencies abroad within their jurisdiction in accordance with this Decree and related documents, except for assets in the defense and security fields.

2. Decide on purchasing, repairing, maintaining, liquidating, and renting assets according to the classification of the Minister or head of the managing agency.

3. Develop regulations on the management and use of state assets of Vietnamese agencies abroad within their jurisdiction, clearly defining the responsibilities of each department and individual assigned to manage and use assets; direct and organize the management and use of state assets economically and efficiently in accordance with this Decree and related documents.

4. Report to the Minister or head of the managing agency on the management and use of state assets of Vietnamese agencies abroad within their jurisdiction.

Chapter IV

IMPLEMENTING PROVISIONS

Article 21. Implementation clause

1. This Decree takes effect from April 26, 2010. All previous provisions contrary to this Decree are abolished.

2. Management and use of state assets of Vietnamese agencies abroad not specified in this Decree shall be implemented in accordance with the provisions of the Law on Management and Use of State Assets and related guiding documents.

Article 22. Responsibility for enforcement

Ministers, Heads of Agencies Equivalent to Ministries, Heads of Government Agencies, Other Central Agencies, Chairpersons of People's Committees of Provinces and Central-Supervised Cities, and Related Organizations and Individuals are responsible for implementing this Decree./.