Decision No. 56/2014/QĐ-TTg On the management and use of state-owned houses and lands for State foreign affairs activities

Pursuant to …;

On the management and use of state-owned houses and lands for state foreign affairs activities

serve the State's foreign activities

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

Pursuant to the Law on State Budget dated December 16, 2002;

The Government issues this Decree on management and development of industrial clusters.

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 58/2013/NĐ-CP dated June 11, 2013, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organizations' Representative Offices in Vietnam dated August 23, 1993; and Decree No. 73/CP dated July 30, 1994 of the Government detailing the implementation of the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organizations' Representative Offices in Vietnam;

At the proposal of the Minister of Finance and the Minister of Foreign Affairs,

The Prime Minister issues this Decision on the management and use of state-owned houses and lands for state foreign affairs activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decision stipulates the management and use of state-owned houses and lands assigned by the Government to the Ministry of Foreign Affairs for the purpose of serving state foreign affairs activities (hereinafter referred to collectively as houses and lands for foreign affairs).

Article 2. Applicability

1. The Ministry of Foreign Affairs and units directly assigned to manage houses and lands for foreign affairs.

2. Foreign organizations with diplomatic functions and foreign offices arranged by Vietnam to use houses and lands for foreign affairs as their headquarters or residences in Vietnam.

3. Other organizations and individuals related thereto.

Article 3. Explanation of Terms

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

1. Foreign organizations with diplomatic functions include: Diplomatic Missions, Consular Posts of foreign countries, Representative Offices of United Nations international organizations, and Inter-Governmental International Organizations.

2. Foreign offices include: Representative Offices of foreign government organizations, Representative Offices of foreign news agencies, press, radio, and television, Representative Offices and Project Offices of foreign Non-Governmental Organizations.

3. Mutual use of houses and lands: Refers to the use of houses and lands for foreign affairs according to agreements or arrangements between the Government of the Socialist Republic of Vietnam and the Government of another country whereby one country provides houses and lands to the Diplomatic Mission of the other country for use as headquarters or residences on its territory without payment.

4. Allocation of houses and lands without payment: Refers to the provision by the Government of the Socialist Republic of Vietnam of houses and lands for foreign affairs to Diplomatic Missions or international organizations within the United Nations system or other international organizations for use as headquarters or residences without payment; the rental fee is considered as Vietnam's contribution to international organizations it participates in or is a member of.

5. Leasing houses and lands for foreign affairs to foreign organizations with diplomatic functions or foreign offices based on state-assigned tasks: Refers to leasing houses and lands based on the level of diplomatic, political, and economic relations between the two countries, ensuring the principle of reciprocity and contributions to Vietnam's development.

6. Leasing houses and lands for foreign affairs to foreign organizations with diplomatic functions or foreign offices not based on state-assigned tasks: Refers to leasing houses and lands based on mutual agreement between the parties under market mechanisms.

7. Reciprocal principle in determining rental prices for houses and lands for foreign affairs leased to foreign organizations with diplomatic functions based on state-assigned tasks: Refers to considering and determining rental prices based on the level of diplomatic relations between the two sides.

Article 4. Principles for managing and using houses and land for foreign affairs

1. The management and use of houses and lands for foreign affairs shall be carried out in accordance with laws on state asset management, land laws, construction laws, and other relevant laws; where international treaties to which the Government of Vietnam is a party provide otherwise, such treaties shall prevail.

2. The Ministry of Foreign Affairs is responsible for managing and arranging the use of houses and lands for foreign affairs in accordance with the designated objects, ensuring the completion of the state's foreign affairs tasks.

3. The arrangement and use of houses and lands for foreign affairs must ensure the principles of thrift, efficiency, and compliance with the purpose of serving state foreign affairs activities.

4. The management of houses and lands for foreign affairs shall be conducted openly and transparently; all violations shall be handled in accordance with the law.

5. Rental prices for houses and lands for foreign affairs shall be determined based on market conditions; they must cover costs and accumulate funds for the preservation and development of houses and lands for foreign affairs; except in cases where competent state authorities permit exemption or apply lower market rental prices to ensure state foreign relations.

Chapter II

SPECIFIC PROVISIONS

Article 5. Management of houses and land for foreign affairs in a mutual exchange form

1. Based on agreements or arrangements between the Government of the Socialist Republic of Vietnam and the Government of another country, units directly assigned to manage and use houses and lands for foreign affairs shall implement:

a) Agreeing with the users of houses and lands to sign Contracts (or Agreements) regarding the responsibilities of both parties during the period of use.

b) Organizing the handover of houses and lands to the users. The handover shall be documented in a Record in accordance with laws on state asset management and use.

c) Fulfilling the responsibilities of the Vietnamese side regarding the use of houses and lands as stipulated in agreements or arrangements between the Government of the Socialist Republic of Vietnam and the Government of another country.

d) Organizing the acceptance and protection of houses and lands returned by users at the end of the reciprocal use period. Developing plans for their use, reporting to competent authorities for approval.

2. Where agreements or arrangements between the Government of the Socialist Republic of Vietnam and the Government of another country specify that the Vietnamese side must undertake maintenance and repair of houses during the use period, the costs of maintenance and repair shall be covered from the operating revenue of the unit directly assigned to manage houses and lands for foreign affairs; investments, renovations, and upgrades may be made from the Development Fund of the unit. Maintenance, repair, investment, renovation, and upgrade shall be carried out in accordance with laws on state asset management and use, construction investment laws, state budget laws, and other relevant laws.

3. The State shall not charge rental fees for areas of houses and land for foreign affairs used in a mutual exchange form.

Article 6. Management and use of houses and lands for foreign affairs under the form of gratuitous allocation for use

1. On the basis of the Agreement or Understanding between the Government of the Socialist Republic of Vietnam and the Government of a foreign country, the unit directly managing and using houses and land for diplomatic purposes shall implement:

a) Agreeing with the users of houses and lands to sign Contracts (or Agreements) regarding the responsibilities of both parties during the period of use.

b) Organizing the handover of houses and lands to the users. The handover shall be documented in a Record in accordance with laws on state asset management and use.

c) Fulfilling the responsibilities of the Vietnamese side regarding the use of houses and lands as stipulated in agreements or arrangements between the Government of the Socialist Republic of Vietnam and the Government of another country.

d) Organizing the acceptance and protection of houses and land returned by users at the end of their usage period without payment. Drafting plans for the allocation and use, and submitting them to the competent authority for approval.

2. In cases where the Agreement or Understanding between the Government of the Socialist Republic of Vietnam and the Government of a foreign country stipulates that the responsibility of the Vietnamese side is to maintain and repair houses during the usage period, the costs of maintenance and repair shall be self-funded from the operating revenue of the unit directly managing houses and land for diplomatic purposes. For investments, renovations, and upgrades, funds from the Development Fund for Operating Activities of the unit may be utilized. Maintenance, repair, investment, renovation, and upgrade activities shall be carried out in accordance with laws on state asset management and use, laws on construction investment, laws on the state budget, and other relevant laws.

3. The State does not collect rent for houses and lands used under the form of gratuitous allocation for use.

Article 7. Management of houses and land for diplomatic purposes used for leasing

1. Houses and land for diplomatic purposes leased to foreign organizations with diplomatic functions and foreign offices according to tasks assigned by the State as decided by the competent authority:

a) The rental price of houses and land for diplomatic purposes shall be implemented based on the decision of the competent authority to ensure the interests of the State according to the principle of reciprocity.

b) The unit directly managing houses and land for diplomatic purposes shall enter into a House Rental Contract with foreign organizations with diplomatic functions and foreign offices in accordance with Vietnamese law.

c) The unit directly managing houses and land for diplomatic purposes shall be exempted from land rental fees for the area of houses and land for diplomatic purposes leased to foreign organizations with diplomatic functions and foreign offices.

d) The maintenance and repair of houses shall be carried out according to the House Rental Contract signed between the Lessee and the Lessor.

If the House Rental Contract stipulates that the responsibility for maintenance and repair of the house lies with the Lessor, the funding shall be implemented according to the financial regime for public institutions as prescribed by law.

The net rental income after deducting reasonable expenses, taxes, and other financial obligations shall be accounted for and used in accordance with the regulations applicable to public institutions.

2. Houses and land for diplomatic purposes leased to foreign organizations with diplomatic functions and foreign offices not assigned by the State:

a) The unit directly managing houses and land for diplomatic purposes must pay land rental fees in accordance with the law for the area of houses and land for diplomatic purposes leased to foreign organizations with diplomatic functions and foreign offices.

b) The unit directly managing houses and land for diplomatic purposes shall enter into a House Rental Contract with foreign organizations with diplomatic functions and foreign offices and other entities in accordance with Vietnamese law.

c) The leasing of houses and land for diplomatic purposes shall be conducted through designation; the rental price shall be consistent with market rental prices at the time of lease.

d) The maintenance and repair of houses shall be carried out according to the House Rental Contract signed between the Lessee and the Lessor.

If the House Rental Contract stipulates that the responsibility for maintenance and repair of the house lies with the Lessor, the funding shall be implemented according to the financial regime for public institutions as prescribed by law.

The net rental income after deducting reasonable expenses, taxes, and other financial obligations shall be accounted for in accordance with the regulations applicable to public institutions.

3. In cases where non-foreign organizations with diplomatic functions and foreign offices as stipulated in Clause 1 and Clause 2 of this Article lease, the Ministry of Foreign Affairs shall report to the Prime Minister for consideration and decision.

Article 8. Competence to manage and utilize real estate for foreign affairs

1. The Minister of Foreign Affairs:

a) Examine and decide on foreign organizations with diplomatic functions and foreign offices leasing real estate for foreign affairs in specific cases.

b) Examine and decide on rental prices for foreign organizations with diplomatic functions and foreign offices based on state tasks assigned or not assigned, in specific cases.

c) Report to the Prime Minister for examination and decision on leasing real estate for cases that are not foreign organizations with diplomatic functions or foreign offices.

2. Units directly assigned to manage real estate for foreign affairs shall implement:

a) Signing Agreements with Users of Real Estate in reciprocal form according to the contents of International Treaties to which the Government of Vietnam is a member.

b) Signing Agreements with Users of Real Estate in the form of free use of real estate without payment according to the contents of International Treaties to which the Government of Vietnam is a member.

c) Signing lease contracts with foreign organizations with diplomatic functions and foreign offices.

d) Accepting real estate for foreign affairs returned by foreign organizations with diplomatic functions and foreign offices when the reciprocal use period or the period of use without payment as stipulated in Articles 5 and 6 of this Decision expires. Develop plans for utilization and report to the Ministry of Foreign Affairs for approval.

đ) Implement maintenance, repair; investment, renovation, upgrading of real estate for foreign affairs according to this Decision and relevant laws.

e) Perform other tasks related to the management and utilization of real estate for foreign affairs as assigned by the Ministry of Foreign Affairs.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. Aggregate requirements, decide or submit to competent authorities for decision on the allocation of foreign organizations with diplomatic functions and foreign offices in accordance with this Decision.

2. Manage and utilize real estate for foreign affairs in accordance with legal provisions on the management and utilization of state assets.

3. Coordinate with relevant agencies to ensure operational conditions for foreign organizations with diplomatic functions and foreign offices during their use of real estate for foreign affairs in Vietnam.

4. Direct units directly assigned to manage real estate for foreign affairs to be responsible for reporting annually (before March 15) or at any time to the Ministry of Finance on the situation of managing and utilizing real estate for foreign affairs under the forms prescribed in Articles 5, 6, and 7 of this Decision. Content of the report:

- Situation of using real estate for foreign affairs in reciprocal form and in the form of free use of real estate without payment as stipulated in Articles 5 and 6 of this Decision (Increases and decreases in the year; funds contributed through the provision of free use of real estate without payment).

- Situation of leasing real estate in the form prescribed in Article 7 of this Decision (Increases and decreases in the year).

Article 10. Responsibilities of the Ministry of Finance

Guide relevant units in the management and utilization of real estate for foreign affairs in accordance with legal provisions on the management of state assets and relevant laws.

Article 11. Responsibilities of People's Committees of Provinces and Central Cities

Direct relevant functional agencies to coordinate with the Ministry of Foreign Affairs and units directly assigned to manage real estate for foreign affairs in completing legal land documents, construction investment, and security for foreign organizations with diplomatic functions and foreign offices in accordance with legal provisions.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Implementation Provisions

This Decision takes effect from December 1, 2014.

Article 13. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, and related units and individuals are responsible for implementing this Decision./.