Decision No. 80/2001/QD-TTg On the handling and rearrangement of state-owned houses and land in Ho Chi Minh City

Pursuant to …;

Regarding the handling and rearrangement of state-owned real estate in Ho Chi Minh City

trên địa bàn Thành phố Hồ Chí Minh

_______________________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Land Law dated July 15, 1993 and the Law Amending and Supplementing Certain Provisions of the Land Law dated December 2, 1998;

Pursuant to Resolution on Thrift and Anti-Waste No. 02/1998/PL-UBTVQH10 dated February 26, 1998 of the Standing Committee of the National Assembly;

Based on Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on state asset management;

At the proposal of the Minister of Finance,

DECISION:

Article 1. The Minister, Head of a ministry-level agency, agency under the Government, central agency of mass organizations, and the Chairman of the People's Committee of Ho Chi Minh City shall direct state administrative agencies, public service units, and state-owned enterprises under their direct management and use to conduct reviews and inspections to arrange and rearrange office premises and production and business facilities in accordance with current standards and norms.

As for real estate directly managed by units within the system of agencies of the Communist Party of Vietnam, the Central Financial Management Board shall inspect and rearrange to ensure rational use of existing assets within its internal scope in accordance with current regulations.

Article 2. Administrative and public service agencies and state-owned enterprises shall submit reports on the results of reviews, inspections, and rearrangements of office premises and production and business facilities to: ministries, ministry-level agencies, agencies under the Government, central agencies of mass organizations, and concurrently to the Ministry of Finance and the People's Committee of Ho Chi Minh City (for those under the central level); the People's Committee of Ho Chi Minh City, and concurrently to the Ministry of Finance (for those under Ho Chi Minh City).

The report content regarding the area of real estate includes: the current amount; the amount needed to retain for use as office premises and production and business facilities; office premises that have been used for production and business activities or services or transferred to state-owned enterprises for use; housing for cadres and employees; rental; unused, accompanied by a proposal for handling solutions.

Article 3. The handling of the results of rearranging office premises and production and business facilities shall be carried out as follows:

1. Ministries, ministry-level agencies, agencies under the Government, central agencies of mass organizations, and State-Owned Enterprises established by decision of the Prime Minister shall be responsible for reviewing and examining and providing comments in writing on the proposals for handling and rearranging office premises and production and business facilities of subordinate units, to be submitted to the Ministry of Finance for consolidation and preparation of handling plans to be submitted to the Prime Minister for decision.

2. For surplus real estate after rearrangement by the Central Financial Management Board, the Ministry of Defense, and the Ministry of Public Security, these entities shall decide on handling within their authority or report to the competent authority for decision on handling in accordance with current laws.

3. The Chairman of the People's Committee of Ho Chi Minh City shall decide and be responsible for handling and rearranging office premises and production and business facilities of administrative and public service agencies and state-owned enterprises under the city's management.

Article 4. The Ministry of Finance and the People's Committee of Ho Chi Minh City:

1. Shall handle the surplus area of real estate belonging to the office premises of administrative and public service agencies according to the following forms based on decisions of the Prime Minister or within their authority:

- Arranging work places for administrative and public service agencies without office premises or supplementing for those already having office premises but lacking compared to standards and norms;

- Organizing the sale of houses and transfer of land use rights according to the law to entities in need of use;

- Recovering and managing the surplus area of real estate belonging to office premises after rearrangement to serve the common needs of the State.

2. Guide state-owned enterprises with surplus real estate after rearrangement to sell houses and transfer land use rights according to the law.

3. The sale of houses and the transfer of land use rights must be conducted through the Valuation and Auction Council for State-Owned Factories and Warehouses in Ho Chi Minh City (referred to as the Valuation and Auction Council).

In cases where only one organization or individual registers to purchase, there is no need for auction, the Valuation and Auction Council shall examine and decide to sell at the price determined by the Valuation and Auction Council.

Article 5. All proceeds from the sale of houses and the transfer of land use rights of all administrative and public service agencies and state-owned enterprises must be deposited into a temporary account at the Ho Chi Minh City State Treasury (including the Central Financial Management Board) and shall be used as follows:

1. To invest in, renovate, repair, upgrade, or construct new office premises for administrative and public service agencies in accordance with approved projects by competent authorities in accordance with current regulations on investment construction management.

2. State-owned enterprises with sold houses and transferred land use rights may use the funds for the following purposes if they have approved projects:

a) To invest in building new production and business bases for state-owned enterprises required to relocate from the downtown area;

b) To increase working capital for expanding or deepening investment to enhance production and business capacity and be recorded as increased state budget capital.

c) For state-owned enterprises suffering losses but with approved effective production and business plans by competent authorities, the funds can be used for developing production and business. For state-owned enterprises suffering prolonged losses and unable to recover production (with potential bankruptcy), the funds must be paid into the state budget after deducting reasonable expenses.

Article 6. The arrangement and rearrangement of real estate belonging to office premises or production and business facilities of agencies and units must comply with planning and follow the following principles:

1. Housing shall not be arranged within the premises of offices.

For areas within the premises of an agency where residential zones can be separated independently and comply with the city's planning, it is permitted to change the purpose of use of this area from office space to residential purposes, and residential land, and must be surrounded by a fence to distinguish the office premises from the residential area.

If the residential area cannot be separated and does not comply with the planning, the managing and using unit shall develop a plan to relocate families out of the office premises according to current laws.

2. For offices of agencies that have been arranged for independent housing for officials and employees before 1995, if they are now found to be in compliance with the city's planning, they may continue to be used as housing and shall be handled according to the current housing and land policies.

3. Agencies and units currently using office space that is too cramped or does not comply with planning and work requirements, the competent state authority shall permit the sale of buildings and transfer of land use rights to move the office to a more suitable location for the agency's operations.

4. In cases where it is necessary to transfer administrative and public service offices from surplus locations to deficient ones or rearrange them reasonably, they shall be handled according to Article 13 of Decree No. 14/1998/NĐ-CP dated March 6, 1998, of the Government on State Asset Management and the implementing documents thereof.

5. Buildings and lands belonging to the offices of administrative and public service agencies that have been used for production, business, services, or transferred to state-owned enterprises for use, if they still comply with the planning, shall be allowed to change their functions and managed according to the current asset management regulations.

6. For offices currently being rented, they may continue to be rented until the lease contract expires, and thereafter shall be handled according to the provisions of this Decision. The rental income from the leased offices must be remitted to the state budget according to current regulations.

Article 7. Administrative and public service agencies and state-owned enterprises, after completing the reorganization and arrangement of offices and production and business bases according to this Decision, must implement the accounting of increases and decreases in assets and asset values according to current laws.

Article 8. Any organization or individual requiring the use of excess houses and lands of administrative and public service agencies shall be allowed by the State to purchase or rent houses and other works attached to the land; the State shall allocate land or lease land to them. Domestic organizations and individuals are also entitled to receive the transfer of land use rights according to the law.

Organizations and individuals receiving the transfer of land use rights shall use the land stably for a long term, be issued a certificate of land use rights, and have the right to convert, transfer, lease again, mortgage, contribute capital for joint ventures, and inherit (if they are households or individuals) the land use rights; they may transfer the land use rights to domestic organizations and individuals.

Article 9. The People's Committee of Ho Chi Minh City is responsible for directing relevant departments and the People's Committees of districts and counties to carry out the change of land use purposes, issue certificates of ownership of houses and land use rights to those who purchase houses and receive the transfer of land use rights according to the law.

Article 10.

1. Ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, and general corporations established by the Prime Minister's decision, and agencies and units under Ho Chi Minh City must complete the review, inspection, and reorganization of offices and production and business bases, and submit plans for handling before June 2002.

Every quarter, ministries, ministerial-level agencies, government agencies, central agencies of mass organizations, general corporations established by the Prime Minister's decision, and the People's Committee of Ho Chi Minh City must report to the Prime Minister and simultaneously send to the Ministry of Finance the progress of implementing the review, reorganization of offices and production and business bases of the agencies and units under their management.

2. The Minister of Finance shall take the lead in coordinating with the People's Committee of Ho Chi Minh City and related ministries and sectors to guide and inspect the implementation of this Decision and compile reports to the Prime Minister.

THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 11. Ministers, heads of ministerial-level agencies, heads of government agencies, central agencies of mass organizations, the Chairman of the People's Committee of Ho Chi Minh City, and heads of related agencies shall be responsible for enforcing this Decision./.