Circular No. 7662/TC-QLCS regarding the issuance of certificates for the management and use of office premises by administrative and service agencies.

LETTER

OF THE MINISTRY OF FINANCE NUMBER 7662/TC-QLCS DATED JUNE 21, 2005
REGARDING THE ISSUE OF ISSUING LICENSES FOR MANAGEMENT AND USE
OF OFFICE PREMISES OF GOVERNMENT ADMINISTRATIVE AGENCIES AND PUBLIC INSTITUTIONS

To: Provincial and Municipal Finance Departments under the Central Government

In recent times, the Ministry of Finance has received letters from several localities requesting guidance on issuing licenses for management and use of office premises owned by the State to government administrative agencies and public institutions according to Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance after the Government issued Decree No. 181/2004/NĐ-CP dated October 29, 2004 on implementing the Land Law; Regarding this matter, the Ministry of Finance has the following opinion:

Point c, Clause 3, Article 186 of Government Decree No. 181/2004/NĐ-CP dated October 29, 1999 abolishes provisions on land registration at Clause 1, Article 9 and provisions on authority to reclaim land at Clause 2, Article 14 of Government Decree No. 14/1998/NĐ-CP dated March 6, 1998 on State asset management. According to the provision at Clause 1, Article 9 of Government Decree No. 14/1998/NĐ-CP the direct managing and using agency of state assets is responsible for registering such assets with competent state financial agencies. Implementing this regulation, Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance on issuing regulations for management and use of office premises at government administrative institutions and public institutions stipulates issuance of licenses for management of state assets in the form of land and buildings as part of office premises; this regulation is not a provision on land registration. Therefore, Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance does not fall within the scope to be abolished as provided for in Point c, Clause 3, Article 186 of Government Decree No. 181/2004/NĐ-CP dated October 29, 1999.

The Ministry of Finance requests Provincial and Municipal Finance Departments under the Central Government to report to their respective People's Committees to continue organizing implementation of issuing licenses for management and use of office premises for government administrative institutions and public institutions in accordance with the provisions at Government Decree No. 14/1998/NĐ-CP dated March 6, 1998 and Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance.