Decision No. 399/TC-QLCS promulgates the Regulation on the management and use of office buildings for administrative and public service agencies.

Pursuant to …;

Issuing regulations on management and use of office buildings

for administrative and public service agencies

_____________

THE MINISTER OF FINANCE

Pursuant to the Government Decree No. 15/CP dated March 2, 1993 on the tasks, powers, and responsibilities for state management of Ministries and agencies at the ministerial level;

Pursuant to Decree No. 178/CP dated October 25, 1994 of the Government on the tasks, powers, and organizational structure of the Ministry of Finance;

To address the lax state management over houses and land at the offices of administrative and public service agencies, which has led to inefficiencies, waste, and improper use as currently observed.

Pursuant to …;

Article 1. This Decision promulgates the regulations on the management and use of office buildings for administrative and public service agencies.

Article 2. These regulations apply uniformly to all office buildings of state management agencies, public service agencies, defense, security agencies, political-social organizations, and diplomatic agencies of the Socialist Republic of Vietnam abroad (collectively referred to as administrative and public service agencies).

For guesthouses, rest houses, and hotels of administrative and public service agencies, they shall comply with Directive No. 683-TTg dated November 16, 1994 of the Prime Minister.

Article 3. Ministers of Ministries, heads of agencies equivalent to ministries, heads of government agencies, Chairpersons of People's Committees of provinces and centrally-administered cities organize the implementation of these regulations issued together with this Decision.

REGULATIONS

Management and use of office buildings of administrative and public service agencies
(Issued together with Decision No. 399-TC/QLCS dated May 17, 1995 of the Minister of Finance)

Chapter I:

GENERAL PROVISIONS

Article 1. The office buildings referred to in these regulations include office buildings and residential units of administrative and public service agencies (HCSN).

Office buildings of HCSN agencies, which are state-owned assets formed from budget funds or have their origins in the budget, are assigned by the State to HCSN units for management and use.

Article 2. Office buildings must be registered and managed according to the provisions of these regulations.

Article 3. Heads of HCSN agencies entrusted by the State with the management and use of office premises must comply with the provisions of these regulations.

Chapter II:

REGISTRATION OF OFFICE BUILDINGS

Article 4. Office buildings of HCSN agencies must be registered with:

- The Ministry of Finance for HCSN agencies under the central administration;

- Provincial Departments of Finance and Prices for HCSN agencies under the central administration;

The Bureau of State Assets Management will provide guidance on registration procedures applicable nationwide.

Article 5. The person responsible for registering office buildings of HCSN agencies is as follows:

- For office buildings of HCSN agencies under the central administration, it is the head of ministries, agencies equivalent to ministries, and government agencies.

- For office buildings of HCSN agencies under local administration, it is the head of provincial departments, agencies directly under the People's Committee of provinces and centrally-administered cities (hereinafter referred to as provincial level) and the Chairman of the People's Committee of districts and counties (hereinafter referred to as district level), and the Chairman of communes, wards, and towns (hereinafter referred to as commune level).

If an office building is assigned to multiple agencies for management and use (two or more agencies), each agency managing and using the building must register (the portion they manage and use).

Article 6. The boundaries of land belonging to office buildings of HCSN agencies are determined based on the Land Allocation Decision or the Land Use Right Certificate issued by competent authorities of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, or the property ownership certificate issued by the competent authority of the previous regime.

In cases where there are no valid documents regarding land, the agency entrusted by the State to manage and use the office building must work with the local land administration to determine the land boundaries before registering the office building.

If multiple agencies operate in the same high-rise building, the determination of land boundaries for each agency is based on the land allocation certificates issued by the competent authorities mentioned above to which agency, that agency registers, or the local land administration is requested to determine the land boundaries for the agencies based on the unified proposal of these agencies if there are no valid land allocation certificates before registration.

Chapter III:

NEW CONSTRUCTION, RECONSTRUCTION, EXPANSION OF OFFICE BUILDINGS

Article 7. All newly established HCSN agencies permitted by the State will be provided with sufficient office space according to the standards set by the Government.

Article 8. Gradually, the State ensures the provision of sufficient office space for each agency according to the following provisions:

1- For ministries and agencies (collectively referred to as agencies) reorganized from two to three old agencies, the new agency may choose to retain the office location of one of the old agencies according to the standard area ratio. The remaining houses and lands of the old agencies must be transferred to the Ministry of Finance (Bureau of State Assets Management) for central-level HCSN agencies or transferred to the Provincial Department of Finance and Prices (Department of State Assets Management) for local-level HCSN agencies.

In the case of consolidation from two to three old agencies into a new agency, if the new agency still lacks office space after reorganization compared to the standard ratio, the new agency may be granted additional space by the Ministry of Finance or the Provincial People's Committee, or be allowed to lease additional space or relocate to a new site.

2- For newly established agencies without office buildings, the Ministry of Finance (for central-level agencies) or the Provincial People's Committee (for local-level agencies) will allocate from the unused office building fund based on the standards, quotas, and organizational structure of the new agency as prescribed by the Government and the application for office space submitted by the unit. Alternatively, they may request the Government to allow the agency to construct new office buildings. Based on the Government's decision, the Provincial People's Committee, and the unit will proceed with relevant procedures in accordance with the Investment Construction Regulations.

3\. For agencies currently having office space but still lacking area compared to the standard scale quota, they shall be considered for additional office space from the unused office space fund by the Ministry of Finance and the People's Committee of the province; or they may be permitted to construct additional space or expand existing office space if approved by the competent authority and must follow the construction procedures stipulated in the Regulation on Investment Management of Construction Projects.

Additional construction or expansion of office space must ensure the safety of the current building, not exceed the land area already granted by the State, and maintain the landscape of the agency and urban planning.

4\. Newly established agencies without office space and those currently having office space but too cramped compared to the standard quota, while the State has not yet met the conditions to ensure sufficient office space as specified in Points 2 and 3 of this Article, may lease housing from organizations or individuals for office purposes according to the standard quotas set by the State. The State budget shall ensure payment for rent according to the lease contracts with the lessors.

Management of office space through leasing will have separate guidelines.

Chapter IV:

MANAGEMENT, USE, MAINTENANCE, AND REPAIR OF OFFICE SPACE

Article 10. Office space of administrative and public service agencies must be used for their intended purpose and function.

Agencies entrusted by the State to manage and use office space are strictly prohibited from:

- Transferring to any organization or individual without permission from the Prime Minister.

- Leasing, converting to business premises, or allocating to staff as residential accommodation.

Article 11. Agencies entrusted by the State to manage and use office space are not allowed to arbitrarily perform actions such as drilling load-bearing walls, dismantling load-bearing structures, constructing partition walls on floor surfaces, or changing the layout of workrooms.

Any construction or expansion of office space without the approval of the competent authorities and without the necessary procedures as stipulated in Point 3 of Article 8 of this Regulation or intentionally violating the permitted regulations and procedures for basic construction to encroach on land, affecting the safety and appearance of the office space, shall be halted.

Article 12. Office space must be maintained and repaired regularly in accordance with technical management files for each level of the building.

- Heads of administrative and public service agencies entrusted by the State to manage and use office space are responsible for maintaining and repairing office space.

- All maintenance and repair costs for office space shall be covered by the State budget based on annual plans approved by the competent authority.

Article 13. Heads of administrative and public service agencies entrusted by the State to manage and use office space are tasked with:

- Registering office space with financial agencies at various levels when new office space is assigned by the State or when permission is granted to expand office space.

- Allocating and using office space according to the purpose and standards set by the State.

- Safeguarding records related to land and technical data of the office space assigned by the State to prevent damage or loss.

- Carrying out maintenance and repairs of office space according to the regular schedule specified in the technical management files for each level of the building.

- Reporting promptly any changes in the number of buildings and land within the office premises, as well as providing regular and periodic reports as required by the State.

- Returning buildings and land within the office premises to the State when they are no longer needed or as directed by the Government and competent authorities for recovery.

Chapter V:

IMPLEMENTING PROVISIONS

Article 14. This Regulation shall be uniformly applied nationwide and takes effect from the date of signature.

Article 15. The Director of the State Asset Management Bureau, heads of asset management departments under the Department of Finance and Price Control shall assist the Minister of Finance and the Director of the Department of Finance and Price Control in managing office space of administrative and public service agencies according to this Regulation and guide inspections of sectors and localities in implementing the provisions of this Regulation.