Circular No. 45-TC/QLCS guides the implementation of the regulations on the management and use of office buildings for administrative and service agencies.

MINISTRY OF FINANCE ********	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ********
NUMBER: 45-TC/QLCS	HA NOI, JUNE 14, 1995

 

CIRCULAR

MINISTRY OF FINANCE DECISION NO. 45-TC/QLCS OF JUNE 14, 1995 GUIDING THE IMPLEMENTATION OF THE REGULATION ON MANAGEMENT AND USE OF OFFICE BUILDINGS OF ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS

On May 17, 1995, the Minister of Finance issued Decision No. 399-TC/QLCS promulgating the Regulation on Management and Use of Office Buildings of Administrative and Public Service Organizations (APSO); the Ministry of Finance provides detailed guidance on the dossier and procedures for registering office buildings of administrative and public service organizations and managing office buildings rented from business organizations by administrative and public service organizations as follows:

I. OBJECTS TO BE DECLARED AND REGISTERED

1. The office buildings of administrative and public service organizations specified in Article 1 of the Regulation on Management and Use of Office Buildings of Administrative and Public Service Organizations promulgated together with Decision No. 399-TC/QLCS include: office buildings, offices, reception rooms, conference halls, warehouses, guardhouses, sanitary areas... and residential buildings (if any) are objects to be declared and registered including both land for each building and the entire compound of the organization.

2. The person responsible for registering office buildings as stipulated in Article 5 of the Regulation on Management and Use of Office Buildings of Administrative and Public Service Organizations is specified as follows:

- Heads of Ministries, agencies at the level of ministries, and agencies under the Government (for administrative and public service organizations under central management) are responsible for registering land and buildings belonging to the headquarters used directly managed by the Ministry, agency at the level of ministry, or agency under the Government, and land and buildings belonging to the headquarters of subordinate administrative and public service organizations with the Ministry of Finance (State Asset Management Department).

- Directors of Departments, heads of agencies under the Central People's Committee (People's Committee) of provinces and centrally governed cities (referred to collectively as provincial level) are responsible for registering land and buildings belonging to the headquarters used directly managed and used by the Department, agency under the provincial-level People's Committee, and land and buildings belonging to the headquarters of subordinate administrative and public service organizations with the Department of Finance and Price Control (State Asset Management Section).

- Chairpersons of district, county, and town People's Committees under the provincial-level People's Committee are responsible for registering land and buildings belonging to the headquarters of the People's Committee and land and buildings belonging to the headquarters of administrative and public service organizations at the commune level (referred to collectively as commune level) with the Department of Finance and Price Control (Financial Section).

- Chairpersons of commune-level People's Committees are responsible for registering land and buildings belonging to the headquarters of the People's Committee and land and buildings belonging to the headquarters of administrative and public service organizations at the commune level with the district, county, or town People's Committee (Financial Section).

The registration procedures for office buildings of administrative and public service organizations are stipulated in Point 2, Part II of this Circular.

II. DOSSIER AND PROCEDURES FOR REGISTERING OFFICE BUILDINGS

1. Registration dossier:

The dossier for registering office buildings of administrative and public service organizations includes:

a) For all administrative and public service organizations directly managed and used by the State when registering office buildings with the directly superior management authority must have the following dossiers:

- Floor plans of each building and the compound of the headquarters.

- Copies of the site plan regarding buildings and land and construction permits (including additional office building area construction) or decisions allocating buildings and land belonging to the headquarters issued by competent authorities of the Democratic Republic of Vietnam, Provisional Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam.

- Registration form of buildings and land belonging to the headquarters of administrative and public service organizations according to Form No. 1 attached to this Circular.

b) For administrative and public service organizations directly managed by the superior level;

When registering office buildings with the superior level or financial authority, in addition to the dossiers prescribed in point a above for registering the part of buildings and land belonging to the headquarters directly managed and used, they must also have the following dossiers:

- Copies of the registration forms of buildings and land belonging to the headquarters of each administrative and public service organization under their management.

- Summary registration form of buildings and land belonging to the headquarters according to Form No. 2 attached to this Circular.

2. Registration procedures:

The procedures for registering office buildings of administrative and public service organizations are carried out as follows:

a) For office buildings of administrative and public service organizations under central management:

- Heads of grassroots administrative and public service organizations directly under ministries, agencies at the level of ministries, and agencies under the Government under central management; regardless of where the headquarters is located, must register office buildings with the directly superior management authority.

- The directly superior management authority has the responsibility to compile the registration forms of buildings and land belonging to the headquarters of subordinate units and register buildings and land belonging to the headquarters directly managed and used, register with the ministry, agency at the level of ministry, or agency under the Government, or register with the superior authority (if any), so that this authority can compile the registration forms of buildings and land belonging to the headquarters of subordinate units along with buildings and land belonging to the headquarters directly managed and used by it, to register with the ministries, agencies at the level of ministries, or agencies under the Government.

- Heads of ministries, agencies at the level of ministries, and agencies under the Government compile the registration forms of buildings and land belonging to the headquarters of subordinate units and buildings and land belonging to the headquarters directly managed and used by the Ministry's Office, agency at the level of ministry, or agency under the Government, to register with the Ministry of Finance (State Asset Management Department).

- For office buildings of units and agencies under security and defense forces.

+ The head of the county public security agency and the units under the Ministry of Interior shall register the working houses assigned to manage with the Provincial Public Security Department and the units under the Ministry of Interior; the heads of the Provincial Public Security Departments and the heads of the units under the Ministry of Interior shall declare the working houses of the offices directly managing and using them and compile the files on working houses of all subordinate units registered with the Ministry of Interior. The Ministry of Interior shall declare the working houses of the offices directly managing and using them and compile the files on working houses of all subordinate units registered with the Ministry of Finance (State Asset Management Department).

+ The heads, Military Command Boards (MCBs) of districts, counties, towns under the MCBs of provinces, centrally governed cities, and the units under military branches, services, and the units under the Ministry of National Defense shall register the working houses with the MCBs of provinces, military branches, services, and the units under the Ministry of National Defense.

The MCBs of provinces, centrally governed cities shall declare the working houses under their direct management and use and compile the files on working houses of all subordinate units registered with the military region.

The heads of military regions, military branches, services, and the units under the Ministry of National Defense shall declare the working houses of the offices directly managing and using them and compile the files of all subordinate units registered with the Ministry of National Defense.

The Ministry of National Defense shall declare the working houses of the offices directly managing and using them and compile the files of all subordinate units registered with the Ministry of Finance (State Asset Management Department).

- For the office premises of agencies under the Ministry of Foreign Affairs within the country, the procedures and formalities for registration with the Ministry of Finance shall be carried out as stipulated for ministries, ministerial-level agencies, and government agencies in point a, section 2, Part II of this Circular.

As for the office premises of diplomatic agencies of the Socialist Republic of Vietnam located abroad, the Ministry of Foreign Affairs shall register the houses and lands belonging to the office premises of these agencies with the Ministry of Finance (State Asset Management Department), based on the actual situation of the office premises located in each country.

b) Regarding the working houses of administrative and service organizations under local management:

- The heads of administrative and service organizations under the People's Councils at the commune level shall register the houses and lands belonging to the office premises of their own units that have been assigned by the State for management and use with the People's Councils at the commune level. The People's Councils at the commune level shall compile the registration forms of houses and lands belonging to the office premises of subordinate units and establish the registration form of houses and lands belonging to the office premises of the People's Councils' Office at the commune level for management and use to register with the People's Councils at the district level (District Finance Department).

- The heads of administrative and service organizations under the People's Councils at the district level directly managing shall register the houses and lands belonging to the office premises of their own units that have been assigned by the State for management and use with the People's Councils at the district level (District Finance Department).

- The People's Councils at the district level shall compile the registration forms of houses and lands belonging to the office premises of administrative and service organizations under the district level, of the People's Councils at the commune level, and establish the registration form of houses and lands belonging to the office premises of the People's Councils' Office at the district level for management and use to register with the People's Councils at the provincial level (Provincial Department of Finance - Prices Control).

- The heads of administrative and service organizations under departments, bureaus, and sectors under the People's Councils at the provincial level shall register the houses and lands belonging to the office premises of their own units that have been assigned by the State for management and use with the departments, bureaus, and sectors at the provincial level. The heads of departments, bureaus, and sectors and the People's Councils' Offices at the provincial level shall compile the registration forms of houses and lands belonging to the office premises of subordinate units and establish the registration form of houses and lands belonging to the office premises of the departments, bureaus, and sectors' Offices for management and use to register with the Provincial Department of Finance (State Asset Management Section).

c) Administrative and service organizations must fully bear responsibility before the State for the accuracy and truthfulness of the data and files on the registration of houses and lands belonging to the office premises that have been registered with the immediate superior management agency.

The immediate superior management agency, upon receiving the registration files of houses and lands belonging to the office premises of subordinate administrative and service organizations, has the duty to check, review, and sign confirmation on the registration files.

III- MANAGEMENT OF RENTED WORKING HOUSES OF HOUSING BUSINESS ORGANIZATIONS

1- New agencies that have not yet had working houses and existing agencies that already have working houses but are too crowded compared to the national standards and norms, are permitted to rent working houses from housing business organizations after obtaining written approval from the financial agency at the same level. In 1995, only new administrative and service agencies established by the Government and having approved rental funding can implement the renting of office premises.

All cases of renting working houses must have a contract between the renting agency and the landlord in accordance with the regulations of the State; the financial agency at the same level is responsible for reviewing the area and rental price according to the standard norms and corresponding house type for the working houses of administrative and service agencies; if any issues inconsistent with the requirements are found, the agency renting the working house must adjust accordingly or temporarily suspend signing the contract.

2- Agencies permitted by the State to rent working houses must use them for the intended purpose and comply with the provisions for protecting the house from damage and loss of property as agreed in the contract; they may not sublet to other agencies or individuals.

Fifteen days before the end of the contract, the agency renting the working house must inform the financial agency at the same level.

3- Payment for renting houses is carried out in two forms:

a) The renting agency uses the approved annual budget funds to pay directly to the landlord according to the amount and time specified in the signed contract.

b) The financial agency shall directly pay (through the State Treasury) to the lessor according to the agreed amount and time for payment as stipulated in the lease contract signed by both the lessee and lessor, which shall be deducted from the annual approved budget of the leasing unit and settled with the state budget (central budget and local budget).

IV- OPENING AND MAINTAINING RECORDS AND REPORTING REGIME

1- All administrative and public service units must establish records to monitor office premises, organize complete and accurate accounting entries in accordance with the current accounting regulations issued by the Ministry of Finance.

2- Fully implement the regular and periodic reporting system on assets in general and office premises in particular, in compliance with the current accounting reporting regulations of the Ministry of Finance, as well as according to the requirements of competent authorities.

3- The Department of Finance is responsible for compiling the entire fund of office premises of administrative and public service units under local management (according to Table 2) and sending it to the Ministry of Finance after completing the registration procedures.

V. IMPLEMENTATION

1- To ensure the proper implementation of the registration of office premises of administrative and public service units in accordance with the Management and Utilization Regulations for Office Premises and to have a basis for planning: new construction, renovation, expansion, upgrading, and regular maintenance of office premises for administrative and public service units starting from 1996 onwards, all administrative and public service units nationwide must register their office premises with the same-level financial agency in accordance with this Circular before September 30, 1995.

The financial agency has the authority to propose not to allocate the annual budget estimate or stop disbursing funds for repair, upgrade, and new construction of office premises for agencies that fail to register their office premises in accordance with the regulations.

2- Heads of Ministries, agencies at the level of ministries, government agencies, Chairmen of Provincial People's Committees under the central government shall direct subordinate administrative and public service units to register office and land premises in accordance with the provisions of this Circular.

3- The State Asset Management Agency and the Departments of Finance and Price Control of provinces and centrally-administered cities shall assist the Minister of Finance and the Chairman of the Provincial People's Committee in guiding and urging units to register office premises.

4- This Circular takes effect from the date of issuance. Previous regulations contrary to this Circular are hereby abolished.

Nguyễn Thị Kim Ngân (Signed)

 

FORM NO. 1

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

REGISTRATION OF OFFICE PREMISES AND LAND OF ADMINISTRATIVE AND PUBLIC SERVICE UNITS

(For each administrative and public service unit)

Name of registering agency...

Address: - House number...

- Street name...

- Commune, ward...

- District, county...

- Province, city...

Total number of staff allowed to use...

I- ON HOUSES:

1- Total number of houses...units

2- Structure of each house

- House A:...; Number of floors...; Year of construction:...;

- House B:...; ...; ...

3- Design function of each house:

- House A:...

- House B: ...

4- Total number of rooms:...rooms

Number of rooms in each house:

- House A...

- House B...

5- Construction value of each house:

- House A: ...dong

- House B:...dong

6- Re-evaluated value of each house:

- House A: ...% of value...dong

- House B:...% of value...dong

7- Total construction area...sqm

Construction area of each house:

- House A:...sqm

- House B:...sqm

8- Total usable area:...sqm

Usable area of each house: + House A:...sqm

+ House B:...sqm

9- Total primary usable area...sqm

Primary usable area of each house:

+ House A:...sqm

+ House B:...sqm

10- Current primary usable area:

- Office premises...sqm

- Meeting room...sqm

- Reception room...sqm

- Auditorium...sqm

- Residential quarters...sqm

11- Total secondary usable area...sqm

Secondary usable area of each house:

+ House A:...sqm

+ House B:...sqm

12- Origin of each house...

........................................................................................................

II- ON LAND:

13- Parcel number...Map sheet number...

14- Total area (perimeter)...sqm

15- Usage form: individual/shared

16- Origin of parcel...

III- COPIES OF RELATED DOCUMENTS FOR HOUSES AND LAND

- Land layout, building floor plan:...

IV- SOME MATTERS TO BE NOTED

................................................................................................................

Confirmation by superior management agency

Head of finance department

Prepared by

Date... month... year 19... (Head of the agency signing and stamping)