Circular No. 83/2004/TT-BTC guides certain contents regarding the management of workplaces for administrative agencies and public service units.

CIRCULAR

Guidelines on certain aspects of managing office premises for administrative agencies and public service units

agencies administrative, public service units

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Pursuant to Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on state asset management;‎Pursuant to Decision No. 147/1999/QĐ-TTg dated July 5, 1999 of the Prime Minister stipulating standards and quotas for the use of office premises at state agencies and public service units;

Pursuant to Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to the guidance of the Prime Minister in Circular No. 422/VPCP-KTTH dated January 30, 2004 of the Government Office on the management of office premises for administrative agencies and public service units;

The Ministry of Finance provides guidelines on certain aspects of managing office premises for administrative agencies and public service units as follows:‎OBJECTS AND SCOPE OF APPLICATION:

I. OBJECTS AND SCOPE OF APPLICATION:‎1. This Circular guides certain aspects of managing office premises for administrative agencies and public service units under ministries, ministerial-level agencies, government agencies, provincial People's Committees, central and local agencies of the Central Committee of the Vietnam Fatherland Front, the Vietnam General Confederation of Labor, the Vietnam Association of War Invalids and Families, the Vietnam Women's Union, the Vietnam Farmers' Union, and the Communist Youth Union of Ho Chi Minh (hereinafter referred to collectively as ministries and sectors).

For office premises of agencies and units under the Ministry of Public Security and the Ministry of Defense, they shall be implemented according to separate guidelines issued by the Ministry of Public Security and the Ministry of Defense after consultation with the Ministry of Finance.

2. Office premises of political-social organizations, social organizations, and social-professional organizations not falling within the scope defined in Point 1, Part I above are not subject to the application of this Circular.

II. CERTAIN PROVISIONS ON THE ARRANGEMENT, REORGANIZATION, AND HANDLING OF OFFICE PREMISES FOR ADMINISTRATIVE AGENCIES AND PUBLIC SERVICE UNITS:

1- Ministries, sectors, and localities shall review and immediately implement the arrangement and reorganization of existing office premises of administrative agencies and public service units under their management; based on that:

1.1- Implement internal transfers within ministries, sectors, and localities from surplus areas to deficient areas.

1.2- Terminate contracts with entities currently leasing premises to other organizations or individuals (if any).

As of January 1, 2005, in cases where leased or used for production and business services areas are not reclaimed by the unit itself or reported to the competent authority, the Department of Finance shall report to the Provincial People's Committees (hereinafter referred to collectively as Provincial People's Committees) for units under local management; the Ministry of Finance shall report to the Prime Minister for units under central management to issue decisions on recovery.

1.3- Take measures to recover illegally occupied areas or report to the Prime Minister and simultaneously send to the Ministry of Finance (for units under central management) and the Provincial People's Committees (for units under local management) for decision on recovery.

1.4- For premises currently arranged as housing for officials and employees:

If the arrangement was made before May 17, 1995 (before the Regulation on the Management and Use of Office Premises of Administrative Agencies and Public Service Units came into effect pursuant to Decision No. 399 TC/QLCS of the Minister of Finance), and now the directly managing agency does not need to use it for common purposes of the unit and the area can be separated from the office premises compound and is consistent with the residential area planning of the locality, then the directly managing land agency shall prepare a dossier to submit to the superior supervisory agency for consolidation and reporting to the ministry or sector for reporting to the Ministry of Finance (for units under central management) or the Provincial People's Committee (for units under local management) for consideration and decision on transferring to local real estate management according to current housing and land policies.

If the arrangement was made after May 17, 1995, and now it can be separated and is consistent with the residential area planning of the locality, then in some special cases, handle as follows:

Central management administrative agencies and public service units shall prepare dossiers to submit to the superior supervisory agency for consolidation and reporting to the ministry or sector for reporting to the Ministry of Finance for consolidation and reporting to the Prime Minister for consideration and decision on handling.

Local management administrative agencies and public service units shall prepare dossiers to submit to the superior supervisory agency for consolidation and reporting to the Provincial People's Committee for consideration and decision on handling.

If the land area has been arranged as housing for officials and employees and now there is a requirement to use it for common purposes or it is inconsistent with the residential area planning of the locality or cannot be separated from the office premises compound, then the agency managing the land must prepare a relocation plan for households and report to the ministry or sector (for units under central management) or the Provincial People's Committee (for units under local management) for approval and implementation of relocation.

1.5- For office premises with origins as state-owned assets and currently signed lease contracts with local land management agencies, the using agencies and units shall prepare reports to submit to the ministry or sector and simultaneously send to the Ministry of Finance. The ministry or sector shall consolidate and send to the Ministry of Finance and report to the Chairman of the Provincial People's Committee for decision on transferring management and use rights to the directly using administrative agencies and public service units, while terminating the lease contract. From the State budget estimate for 2005, no funding will be allocated for leasing office premises in these cases.

2- After reviewing, arranging, reorganizing, and handling all issues according to the guidelines in Point 1 of this part,‎based on the current status of office premises, approved staffing, and comparing with the standards and quotas for the use of office premises as stipulated by the Prime Minister, administrative agencies and public service units shall determine usage needs; identify excess and insufficient areas, and prepare reports proposing handling plans to be submitted to the superior supervisory agencies.

3- The main supervising ministries and sectors; departments and industry bureaus, district, county, town, and provincial city people's committees (hereinafter referred to collectively as district-level people's committees) shall base their actions on the reports of subordinate agencies and units under their management.‎For local state-owned land, the agency or unit currently using the office premises shall prepare a report to submit to the Ministry and the relevant ministry, which will consolidate and forward it to the Ministry of Finance for reporting to the Chairman of the Provincial People's Committee to decide on transferring the management and usage rights to the administrative agencies or public service units directly using the premises, while terminating the lease contracts. Starting from the State budget estimate for the year 2005, there will be no allocation of funds for leasing office premises in these cases.

2- After reviewing, arranging, reorganizing, and completing the handling of existing issues according to the guidelines set out in Section 1 of this part; based on the current status of office premises, the approved organizational structure and staffing, compared with the standards and norms for the use of office premises as stipulated by the Prime Minister, the administrative agencies and public service units shall determine their usage needs; identify excess and insufficient areas, and prepare a report proposing solutions.‎to be submitted to the superior management authority. 

3- The principal ministries and sectors; Departments and Offices under the People's Committees of districts, counties, towns, and provincial cities directly under provinces (hereinafter referred to collectively as the District-level People's Committee) shall base their decisions on the reports submitted by the agencies and units under their jurisdiction.‎||| Instruct on organizing and rearranging existing office premises in accordance with standards and quotas; handle according to authority or report to the competent authority for handling.‎||| Regarding the excess area of office premises of agencies and units as follows:

||| If the excess office premises have their own compound or can be separated separately, transfer that excess part to other agencies or units without office premises or those already having office premises but still lacking compared to the standards and quotas.

||| If the excess office premises cannot be separated separately, exchange them with other agencies or units according to specific cases to meet the standards and quotas.

||| In case the agency or unit does not propose a solution, the Department of Finance shall report to the People's Committee of the province (for units under local management), the Ministry of Finance shall report to the Prime Minister (for units under central management) to decide on recovery for allocation and rearrangement for other agencies or units, or sell and deposit the proceeds into the State budget.

||| 4- At the latest by the end of‎||| Section II each year, ministries, sectors, and localities shall compile and report the results of handling, organizing, and rearranging existing office premises, the situation of managing and using office premises, as well as the demand for new investment, renovation, repair, expansion, and upgrading of office premises of administrative agencies and public service units under their management to the Ministry of Finance (as attached) for monitoring and compiling reports to the Government and National Assembly when required.‎||| and to monitor and compile reports to the Government and National Assembly when requested.

III.  ||| ON INVESTMENT CONSTRUCTION OF NEW OFFICE PREMISES, REPAIR, RENOVATION, UPGRADE, AND EXPANSION OF OFFICE PREMISES OF ADMINISTRATIVE AGENCIES AND PUBLIC SERVICE UNITS:

||| 1- For new construction, expansion, and upgrade of office premises:

||| 1.1- Conditions for considering new construction, upgrade, and expansion of office premises:

||| Only allowed for administrative agencies and public service units without office premises or whose current office premises are severely deteriorated, unsafe for users and must be demolished and rebuilt, or whose current office premises' area is less than 70% of the standard set by the Prime Minister.

||| Included in the investment construction planning of the system of office premises of the ministry, sector, or locality approved by the competent authority.

||| 1.2- Determining needs and preparing projects for new construction, expansion, and upgrade of office premises:

||| a) Administrative agencies and public service units base on the approved investment construction planning of the system of office premises, organize surveys and prepare investment projects to submit to the superior supervisory agency, simultaneously sending to the financial agency at the same level. ||| The investment decision-making agency is responsible for its investment decisions according to the current regulations of the State.

||| b) Superior ministries, sectors, and provincial people's committees base on the state budget capacity allocated for the construction of office premises at each level; based on the project evaluation report of the functional agency to decide or report to the competent authority for approval of new construction, expansion, and upgrade projects of office premises for each administrative agency and public service unit under their management according to the current regulations on investment management and construction.

||| 2- For repairs and renovations of office premises using regular annual state budget funds.

||| 2.1- Repairs and renovations of office premises are carried out when the premises are damaged or deteriorated (including maintenance, minor repairs, and major repairs of buildings).

||| 2.2- Annually, along with the preparation of the state budget estimate, administrative agencies and public service units base on the necessary requirements for the renovation and repair of their office premises, prepare estimates for renovation and repair costs to submit to the superior supervisory agency for consolidation and reporting to the financial agency at the same level.          

||| The financial agency bases on the usage time and actual condition of the assets to determine the need for renovation and repair of the unit and consolidates it into the state budget estimate for reporting to the competent authority for consideration and decision according to the provisions of the State Budget Law.

||| IV. RESPONSIBILITIES OF ADMINISTRATIVE AGENCIES AND PUBLIC SERVICE UNITS; SECTORS AND LEVELS IN THE MANAGEMENT AND USE OF LAND BELONGING TO OFFICE PREMISES:  ||| 1- Administrative agencies and public service units directly managing and using office premises are responsible for:

||| 1.1- Managing and using office premises in accordance with regulations, absolutely not to lease, transfer, divide for staff to live in, or reallocate to other entities beyond authority.

||| 1.2- Only carry out new construction, renovation, upgrade, and expansion of office premises when there is a project and budget approved by the competent authority, ensuring the efficient and economical use of state investment capital.

||| 2- Ministers, heads of ministerial-level agencies, government agencies, and central-level mass organizations, and chairmen of provincial people's committees are responsible for:

||| 2.1- Direct subordinate administrative agencies and public service units to review, handle, organize, and rearrange existing office premises according to the guidelines of this Circular.

||| 2.2- Direct subordinate administrative agencies and public service units to establish office premises planning suitable with organizational structure, staffing, usage standards, and actual conditions of work in ministries, sectors, and localities.

||| 2.3- From the 2005 State Budget onwards, ministries, sectors, and localities strictly implement according to the Prime Minister's directive in the Office of the Government's Document No. 422/VPCP-KTTH dated January 30, 2004:

||| "Only decide or report to the competent authority for approval of investment projects for new construction, renovation, and repair of office premises of administrative agencies and public service units under their management after obtaining a written agreement from the financial agency at the same level regarding the usage area standards of those agencies and units."

||| 3- Responsibilities of the financial agency (State Asset Management Bureau, Provincial Departments of Finance)

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3.1- Chair and coordinate with the Planning and Investment agency, the Construction agency, and related agencies, based on Decision No. 147/1999/QĐ-TTg dated July 5, 1999 of the Prime Minister regarding standards and norms for the use of office premises, to determine the investment needs for constructing new, renovating, and repairing office premises for administrative agencies and public institutions as the basis for competent authorities to establish and approve investment projects in accordance with current regulations on investment management and construction.

3.2-Inspect the management and use of land and buildings belonging to the office premises of ministries, sectors, localities, administrative agencies, and public institutions. Propose competent authorities to handle violations in the construction, expansion, upgrading, renovation, repair, management, and use of office premises of administrative agencies and public institutions.

V. IMPLEMENTATION:

This Circular takes effect fifteen days from the date of publication in the Official Gazette. In the course of implementation, if any difficulties arise, please promptly report them to the Ministry of Finance for study and amendment./.