Circular No. 4916/BTC-QLCS on the process for handling state-owned real estate pursuant to Decision No. 80/2001/QĐ-TTg

LETTER

OF THE MINISTRY OF FINANCE NO. 4916/BTC-QLCS DATED APRIL 12, 2006 ON THE PROCEDURE FOR HANDLING STATE-OWNED REAL ESTATE AS PER DECREE NO. 80/2001/QĐ-TTg

Unit: Equivalent USD: - Ministries, ministerial-level agencies, agencies under
The Government, central agencies of mass organizations

- Ho Chi Minh City People's Committee

- State-owned corporations established by the Prime Minister's decision
decided to establish

In order to accelerate the implementation progress of Decision No. 80/2001/QĐ-TTg dated May 24, 2001 of the Prime Minister on the handling and reorganization of state-owned real estate in Ho Chi Minh City, after reaching consensus with the Ho Chi Minh City People's Committee, the Ministry of Finance guides some issues regarding the handling and reorganization of real estate facilities belonging to administrative offices and production and business establishments under the management of central agencies and state-owned companies as follows:

1. On the handling and reorganization of real estate facilities belonging to administrative offices' workplaces that have been arranged for housing.

During the process of handling and reorganizing real estate facilities belonging to administrative offices' workplaces in Ho Chi Minh City, there are some agencies and units that have arranged all or part of the area within their workplace premises for housing for staff before 1995, which will be handled as follows:

a. For real estate facilities that have been arranged for housing in a completely independent and separate compound from the workplace premises and comply with the city's land use planning, they are allowed to be transferred to the Ho Chi Minh City real estate sector for management according to current housing and land policies.

b. For real estate facilities that have been arranged for housing within part of the area within the workplace premises:

- In cases where housing has been arranged within the workplace premises and can now be separated independently, having its own access route, not obstructing the front facade of the workplace premises, and complying with the city's land use planning, they shall be transferred to the Ho Chi Minh City People's Committee for management according to current housing and land policies; if they do not comply with the city's land use planning, they must be relocated outside the workplace premises.

- In cases where housing has been arranged within the workplace premises but does not have its own independent access route or has its own independent access route but adversely affects the workplace premises, obstructs the front facade of the workplace premises, and does not comply with the city's land use planning, the housing must be relocated outside the workplace premises.

- In cases where housing has been arranged within the workplace premises but scattered (a few houses at each location) they must be relocated outside the workplace premises.

Cases requiring relocation outside the workplace premises shall implement compensation and support according to current laws.

2. On the handling and reorganization of state-owned real estate facilities of state-owned companies that have been arranged for housing for cadres and employees, they shall be handled as guided in Section 1 of this letter.

Based on the guidance in Sections 1 and 2 of this letter, ministries, ministerial-level agencies, government agencies, and state-owned corporations established by the Prime Minister's decision shall complete the transfer of housing to the Ho Chi Minh City People's Committee by June 1, 2006, for the committee to manage according to current housing and land policies.

3. On approving the overall plan

a. Based on reports detailing the current status of arrangement, reorganization, and proposed handling plans for state-owned real estate of administrative agencies, public institutions, and state-owned companies; ministries, sectors, and organizations at the central level shall propose an overall plan for the arrangement, reorganization, and handling of state-owned real estate facilities of administrative agencies, public institutions, and state-owned corporations under their management in Ho Chi Minh City and submit it to the Steering Committee 80 - Ministry of Finance.

b. After receiving proposals from ministries, sectors, and organizations at the central level on the overall plan for the arrangement, reorganization, and handling of real estate facilities of administrative agencies, public institutions, and state-owned companies under their management in Ho Chi Minh City, the Steering Committee 80 - Ministry of Finance will coordinate with relevant functional agencies in Ho Chi Minh City and related ministries and sectors to conduct on-site inspections of real estate facilities and base their decisions on the minutes of meetings of the 80 Expert Team and the Steering Committee 80 (Ministry of Finance, land management unit, and members of the Steering Committee 80 of Ho Chi Minh City). The Ministry of Finance will approve the overall plan for the arrangement, reorganization, and handling of real estate facilities of centrally-managed agencies and units in accordance with Decision No. 80/2001/QĐ-TTg dated May 24, 2001 of the Prime Minister (without seeking specific opinions from individual sectors of Ho Chi Minh City). Handling will be carried out as follows:

- For real estate facilities proposed for sale, exchange, or change of land use purpose: The Ministry of Finance will decide after obtaining the agreement of the Ho Chi Minh City People's Committee.

- For real estate facilities retained for continued use: Based on the approved land use planning of Ho Chi Minh City, the Ministry of Finance will approve their use as office premises or production and business bases for centrally-managed agencies and units.

The Ministry of Finance requests ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, the Ho Chi Minh City People's Committee, state-owned corporations established by the Prime Minister's decision, and related agencies and units to organize and implement based on current legal regulations and the guidance provided in this document.

DEPUTY MINISTER

Deputy Minister

Tran Van Ta