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

CIRCULAR

OF THE MINISTRY OF FINANCE NUMBER: 45/TC-QLCS DATE: March 27, 1995 GUIDELINES

FOR IMPLEMENTING THE REGULATIONS ON MANAGEMENT AND USE OF OFFICE BUILDINGS OF ADMINISTRATIVE AND SERVICE ORGANIZATIONS

ADMINISTRATIVE SERVICES

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

I. OBJECTS TO BE DECLARED AND REGISTERED:

1. The office buildings of administrative and service organizations specified in Article 1 of the Regulations on Management and Use of Office Buildings of Administrative and Service Organizations promulgated together with Decision No. 399/TC-QLCS include: office buildings, offices, reception rooms, conference halls, warehouses, guardhouses, sanitary areas... and public service houses (if any) are included in the objects to be declared and registered, including both the 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 Regulations on Management and Use of Office Buildings of Administrative and Service Organizations is specified as follows:

- The heads of Ministries, agencies at the level of Ministries, and agencies under the Government (for administrative and service organizations under central management) are responsible for registering land and buildings belonging to the headquarters of their Ministries, agencies at the level of Ministries, and agencies under the Government directly managed and used, and land and buildings belonging to the headquarters of subordinate administrative and service organizations with the Ministry of Finance (State Asset Management Department).

- Directors of Departments, heads of agencies under Provincial People's Committees (collectively referred to as provincial level) are responsible for registering land and buildings belonging to the headquarters of their Departments and agencies directly managed and used, and land and buildings belonging to the headquarters of subordinate administrative and service organizations with the Department of Finance and Prices (State Asset Management Division).

- Chairmen of District, County, and City Town People's Committees under Provincial People's Committees are responsible for registering land and buildings belonging to the headquarters of their People's Committees and land and buildings belonging to the headquarters of administrative and service organizations at the commune level (collectively referred to as commune level) with the Department of Finance and Prices (State Asset Management Division).

- Chairmen of Commune People's Committees are responsible for registering land and buildings belonging to the headquarters of their People's Committees and land and buildings belonging to the headquarters of administrative and service organizations at the commune level with the District, County, or City Town People's Committee (Finance Division).

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

II. FILES AND PROCEDURES FOR REGISTERING OFFICE BUILDINGS:

1. Registration Files:

a) For all administrative and service organizations directly assigned by the State to manage and use office buildings when registering office buildings with the immediate superior authority must have the following files:

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

- A copy of the site plan of the buildings and land and construction permit (including additional construction area for office buildings) or decision to allocate buildings and land belonging to the headquarters issued by the competent authority of the Democratic Republic of Vietnam, the Provisional Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam.

- A registration form of buildings and land belonging to the headquarters of the administrative and service organization according to Form No. 1 attached to this Circular.

b) For administrative and service organizations directly managed by higher-level authorities:

When registering office buildings with the immediate superior authority or the Finance Department, in addition to the files prescribed in Clause a above for registering the part of buildings and land belonging to the headquarters directly managed and used, they must also have the following files:

- A copy of the registration form of buildings and land belonging to the headquarters of each subordinate administrative and service organization.

- A consolidated 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 service organizations are implemented as follows:

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

- The heads of grassroots units 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 immediate superior authority.

- The immediate superior authority has the responsibility to consolidate the registration forms of buildings and land belonging to the headquarters of subordinate units and register the buildings and land belonging to the headquarters directly managed and used, and register with the Ministry, agency at the level of Ministries, or agency under the Government or register with the superior authority (if any) so that this authority can consolidate the registration forms of buildings and land belonging to the headquarters of subordinate units along with the buildings and land belonging to the headquarters directly managed and used, to register with the Ministry, agency at the level of Ministries, or agency under the Government.

- The heads of Ministries, agencies at the level of Ministries, and agencies under the Government consolidate the registration forms of buildings and land belonging to the headquarters of subordinate units and the buildings and land belonging to the headquarters directly managed and used by the Ministry, agency at the level of Ministries, or agency under the Government, and register with the Ministry of Finance (State Asset Management Department).

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

+ The heads of county police departments and units under the Ministry of Interior, register the office buildings allocated to manage with the provincial police department and relevant agencies under the Ministry of Interior; directors of provincial police departments and heads of agencies under the Ministry of Interior declare the office buildings of the headquarters directly managed and used and consolidate all unit office building files to register with the Ministry of Interior. The Ministry of Interior declares the office buildings of the headquarters directly managed and used and consolidates all unit office building files to register with the Ministry of Finance (State Asset Management Department).

+ The heads of district, county, and city town military command posts under provincial military command posts and agencies under military branches, corps, and agencies under the Ministry of Defense register office buildings with the provincial military command post, military branch, corps, and agencies under the Ministry of Defense.

The Provincial Military Command shall declare the office buildings under its direct management and use, and compile all files on office buildings of subordinate units registered with the Military Region.

The heads of Military Regions, Military Services, Arms Services, and agencies directly under the Ministry of National Defense shall declare the office buildings of their offices under their direct management and use, and compile all files on office buildings of subordinate units registered with the Ministry of National Defense.

The Ministry of National Defense shall declare the office buildings of its offices under its direct management and use, and compile all files of subordinate units registered with the Ministry of Finance (State Asset Management Department).

- Office buildings and land of agencies under the Ministry of Foreign Affairs within the country shall be registered with the Ministry of Finance according to the procedures and formalities stipulated for Ministries, ministerial-level agencies, and agencies under the Government at Point a, Section 2, Part II of this Circular.

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

b/ For office buildings of administrative and service organizations under local management:

- Heads of administrative and service organizations under the People's Committee at the commune level shall register the buildings and land belonging to their office buildings, which have been assigned by the State for management and use, with the People's Committee at the commune level. The People's Committee at the commune level shall compile all registration forms of buildings and land belonging to the office buildings of subordinate units and prepare a registration form of buildings and land belonging to the office building of the commune-level People's Committee for management and use, to be registered with the People's Committee at the district level (District Financial Department).

- Heads of administrative and service organizations directly managed by the People's Committee at the district level shall register the buildings and land belonging to their office buildings, which have been assigned by the State for management and use, with the People's Committee at the district level (District Financial Department).

- The People's Committee at the district level shall compile all registration forms of buildings and land belonging to the office buildings of administrative and service organizations under its direct management, of the People's Committees at the commune level, and prepare a registration form of buildings and land belonging to the office building of the district-level People's Committee for management and use, to be registered with the People's Committee at the provincial level (Department of Finance and Prices).

- Heads of administrative and service organizations under Departments, Bureaus, and Sectors directly managed by the People's Committee at the provincial level shall register the buildings and land belonging to their office buildings, which 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 Office of the People's Committee at the provincial level shall compile all registration forms of buildings and land belonging to the office buildings of the Departments, Bureaus, and Sectors under their direct management and use, to be registered with the Department of Finance (Asset Management Department).

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 buildings and land belonging to their office buildings registered with the directly superior managing agency.

The directly superior managing agency, upon receiving the registration files of buildings and land belonging to the office buildings of subordinate administrative and service organizations, shall have the duty to check, review, and sign confirmation on the registration files.

III/ MANAGEMENT OF RENTED OFFICE BUILDINGS OF HOUSING BUSINESS ORGANIZATIONS:

1/ Newly established agencies without office buildings and those currently having office buildings but too cramped compared to the national standards and norms, are permitted to rent office buildings from organizations and individuals authorized to operate housing businesses after obtaining written approval from the financial agency at the same level. In 1995, only newly established administrative and service organizations approved by the Government and having rental funding approved by the competent authority will implement the renting of office buildings.

All cases of renting office buildings 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 standards and norms and the corresponding house type for the office buildings of administrative and service organizations; if any issues not meeting the requirements are discovered, the agency renting the office building must adjust accordingly or temporarily suspend signing the contract.

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

Fifteen days before terminating the contract, the agency renting the office building must inform the financial agency at the same level.

3/ Payment for renting office buildings shall be 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 pays directly (through the State Treasury) to the landlord according to the agreed amount and time in the contract signed by both the tenant and the landlord, which is deducted from the approved annual budget of the renting unit and settled with the State Budget (Central State Budget and Local State Budget).

VI. OPENING REGISTERS AND REPORTING SYSTEMS:

1/ All administrative and service organizations must establish registers to track office buildings, organize complete and accurate accounting records in accordance with the current accounting regulations issued by the Ministry of Finance.

2/ Fully implement regular and periodic reporting systems on assets in general and office buildings in particular, in accordance 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 buildings of administrative and service organizations in accordance with the Regulations on the Management and Use of Office Buildings, and has the basis for planning: new construction, renovation, expansion, upgrading, and regular maintenance of office buildings for administrative and service organizations starting from 1996 onwards. Administrative and service organizations nationwide must register their office buildings with the financial agency at the same level in accordance with the provisions of this Circular, completed by September 30, 1995.

The Financial Authority has the right to propose not allocating the annual budget for expenditures or stopping funding for repair, upgrade, and new construction of office buildings for agencies that have not registered their offices in accordance with the regulations.

2/ Heads of Ministries, agencies at the ministerial level, government agencies, Chairmen of Provincial People's Committees under central jurisdiction shall direct subordinate administrative units under their management to register office and land assets within their premises in accordance with the provisions of this Circular.

3/ The State Asset Management Agency and the Departments of Finance and Prices in 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 their office spaces.

4/ This Circular takes effect from the date of signature. All previous regulations contrary to this Circular are hereby abolished./.