Decision No. 23/2012/QĐ-TTg On the standards and quotas for the use of office premises by state agencies at commune, ward, and town levels

Pursuant to …;

Regarding the standards and quotas for using office premises

of state agencies at commune, ward, and town levels

_____________________

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

Pursuant to the Law on Thrift and Combating Wastefulness dated November 29, 2005;

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

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to Decree No. 52/2009/NĐ-CP dated June 3, 2009 of the Government detailing and guiding the implementation of certain provisions of the Law on State Asset Management and Use;

Pursuant to Decree No. 92/2009/NĐ-CP dated October 22, 2009 of the Government on positions, number of staff, and some policies and regulations for cadres and civil servants at commune, ward, and town levels and non-professional workers at commune level;

At the proposal of the Minister of Finance;

The Prime Minister promulgates this Decision on the standards and quotas for using office premises of state agencies at commune, ward, and town levels,

Article 1. Scope of Regulation

This Decision stipulates the standards and quotas for using office premises of state agencies at commune, ward, and town levels (hereinafter referred to collectively as commune level) to arrange workplaces for commune-level cadres and civil servants and non-professional workers at commune level as prescribed by the Government.

Article 2. Applicability

1. Commune-level cadres holding elected positions for terms of office.

2. Commune-level civil servants and non-professional workers at commune level.

Article 3. In this Decision, the following terms shall be understood as follows:

1. "Office premises of state agencies at commune level" means the building and land plot used for the work purposes of state agencies at commune level.

2. "Total floor area of office premises of state agencies at commune level" includes:

a) "Floor area for commune-level cadres, civil servants, and non-professional workers" means the square meters of floor space determined for one workplace of commune-level cadres, civil servants, and non-professional workers, to be used for work purposes at the office premises.

b) "Common and technical area floor space" means the square meters of floor space used for common services at the office premises of state agencies at commune level. The common and technical area floor space includes: meeting room floor space, public reception floor space, one-stop administrative reform floor space, file storage floor space, information and propaganda activity floor space.

c) "Auxiliary and service area floor space" means the square meters of floor space determined according to the design function of the building, including: main lobby floor space, secondary lobby floor space; corridor floor space; restroom floor space; warehouse floor space.

d) Staircase floor space, parking garage floor space, conference hall floor space.

Article 4. Standards and quotas for using working area floor space for commune-level cadres and civil servants and non-professional workers at commune level are stipulated as follows:

1. Standards and quotas for using working area floor space

2. In cases where a cadre or civil servant holds multiple positions with specified standards and quotas for using working area floor space, the highest standard for using working area floor space shall apply.

3. The application of standards and quotas for using working area floor space for the position of Chief of Public Security and the position of Military Commander shall be implemented as follows:

a) In cases where the Military Command and Public Security Station at commune level have been allocated separate and independent office premises from the office premises of state agencies at commune level, the standards and quotas for using working area floor space for these positions shall not be included in the total floor area of office premises of state agencies at commune level.

b) In cases where the Military Command and Public Security Station at commune level have not yet been allocated separate office premises and must share office premises with state agencies at commune level, the working area floor space for these positions shall be included in the total floor area of office premises of state agencies at commune level. The maximum floor area standard for each position is 12 m2/person.

Article 5. Standards and quotas for the area of public, technical, auxiliary, and service parts are stipulated as follows:

1. For newly constructed office premises, the area of public, technical, auxiliary, and service parts shall be calculated at a maximum of 70% of the total working area for commune-level civil servants and non-professional commune-level staff.

2. For existing office premises, the area shall be determined based on actual usage.

Article 6. Provisions regarding stairwell area, parking garage area, and assembly hall area

The determination of stairwell area, parking garage area, and assembly hall area shall be carried out according to the following provisions:

1. The stairwell area and parking garage area shall be determined in accordance with Vietnam Construction Design Standards for each investment construction project that has been approved by the competent state authority.

2. The Chairman of the People's Committee of the province shall base decisions on specific conditions of the locality, Vietnam Construction Standards, and budget capacity for each assembly hall construction project at the commune level.

Article 7. Implementation Organization

The Chairmen of the People's Committees of provinces and centrally governed cities shall base their directives on the standards and quotas set forth in this Decision, taking into account the actual office premises of state agencies at the commune level and the local budget capacity to manage and direct agencies and units under their jurisdiction:

1. To review and rearrange the current office premises of state agencies at the commune level to align with the standards, quotas, and local realities, ensuring efficient and economical use of state assets.

2. To establish and approve planning and investment construction plans for new and upgraded office premises of state agencies at the commune level and to implement them in accordance with laws on investment and construction.

3. To manage and utilize the office premises of state agencies at the commune level in compliance with laws governing the management and utilization of state assets.

Article 8. Effective Date

1. This Decision takes effect from July 20, 2012.

2. Abolish Decision No. 32/2004/QD-BTC dated April 6, 2004 of the Minister of Finance concerning standards and quotas for the use of office premises of state agencies at communes, wards, and towns.

3. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of the People's Committees of provinces and centrally governed cities, and Heads of related agencies are responsible for implementing this Decision.