Circular No. 8442/TC/QLCS regarding the declaration and registration of management and usage rights for real estate at the workplaces of public service units.

Pursuant to …;

REGARDING THE ISSUANCE OF PROCEDURES FOR IMPLEMENTATION OF THE ISSUE OF CERTIFICATES OF RIGHTS TO MANAGE AND USE REAL ESTATE FOR HEADQUARTERS OF STATE-OWNED ADMINISTRATIVE AND INSTITUTIONAL UNITS IN THE PROVINCE OF THUA THIEN HUE

PEOPLE'S COMMITTEE OF THUA THIEN HUE PROVINCE

- Based on the Law on Organization of People's Councils and People's Committees dated April 26, 1994;

- Based on Decree No. 14/1998/NĐ-CP dated March 6, 1998 of the Government on State Asset Management;

- Based on Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Minister of Finance regarding the issuance of regulations on management and use of headquarters for administrative and institutional units;

- Based on Decision No. 769/QĐ-UB dated March 24, 2003 of the Provincial People's Committee;

- In accordance with the proposal of the Working Group implementing Decision No. 20/1999/QĐ-BTC of the province in Circular No. 105/TC-TCT dated March 31, 2003.

Pursuant to …;

Article 1:

Attached to this Decision is "The Procedures for Implementation of Issuance of Certificates of Rights to Manage and Use Real Estate for Headquarters of State-Owned Administrative and Institutional Units in the Province of Thua Thien Hue".

Article 2:

This Decision takes effect from the date of signature.

Article 3:

The Heads of the Office of the People's Council and People's Committee of the province, the Working Group implementing Decision No. 20/1999/QĐ-BTC of the province and of the districts and city of Hue; Directors of provincial departments, agencies, and mass organizations; Chairmen of district and city People's Committees of Hue and Heads of administrative and institutional units under the jurisdiction of the Province of Thua Thien Hue shall be responsible for implementing this Decision.

PROCEDURE

(Attached to this Decision No. 894/2003/QĐ-UB dated April 7, 2003 of the Provincial People's Committee)
Pursuant to Decision No. 20/1999/QĐ-BTC dated February 25, 1999 of the Ministry of Finance on the issuance of regulations on management and use of headquarters; Circular No. 122/1999/TT-BTC dated October 13,

of the Ministry of Finance on guidelines for declaration and registration of headquarters and Circular No. 8442TC/QLCS dated August 2, 2002 of the Ministry of Finance on the implementation of issuing certificates for public institutions. The Provincial People's Committee stipulates the procedures for declaration and registration and examination for issuance of certificates of rights to manage and use real estate for headquarters of state-owned administrative and institutional units in the Province of Thua Thien Hue as follows:1999 A- GENERAL PROVISIONS

- Administrative state management agencies, public institutions, mass organizations, political organizations, political social organizations (collectively referred to as administrative and institutional units - AINUs) at all levels of budgetary planning within the Province of Thua Thien Hue.

1. Scope

- Central-level AINUs operating within the Province of Thua Thien Hue.

The objects subject to declaration and registration of real estate include:

2. Eligibility:

- Administrative office buildings;

- Buildings serving public activities:

+ Hospitals, health centers, medical stations, rehabilitation facilities...

+ Research stations, research centers...

+ Performance halls, film centers, cultural houses, libraries, conservation museums, radio and television stations, information and press centers...

+ Sports training centers, sports clubs, stadiums, sports fields

+ Universities, colleges, vocational schools, high schools, middle schools, primary schools, kindergartens, nurseries located within the province.

- Other architectural works attached to buildings and land within the premises of the AINU headquarters.

3. The agency responsible for preparing the declaration and registration procedures:

- The agency directly assigned by the state to manage the headquarters shall be responsible for declaring and registering.

- For headquarters managed and used by multiple agencies and units, the head of each agency shall declare and register the area they use according to the decisions of the state authorities when granting usage rights; or according to the agreements on division of property that have been agreed upon by all parties in cases where the decision does not clearly specify the usage areas. (Or declare based on the current status of the agency or unit using it).

- In cases where there is no agreement, a report must be submitted to the competent authority to decide on the resolution before proceeding with the declaration.

4. Declaration and registration documents:

The declaration and registration documents include:

- A letter requesting the issuance of a certificate of rights to manage and use real estate for headquarters of state-owned administrative and institutional units, detailing the current management and use of the headquarters.

- A declaration form for registration of rights to manage and use headquarters according to Model 01 issued together with Decision No. 20/1999/QĐ-BTC of the Ministry of Finance.

- A map showing the current location of each building and the land area being managed and used, drawn by the Technical Survey Center (approved by the Department of Land Administration), accompanied by a boundary determination record confirmed by local authorities (ward, commune) where the headquarters is located.

- Relevant documents related to real estate:

+ Decisions on allocation of buildings and land by competent authorities.

+ Handover records of buildings and land currently in use.

+ Investment decisions, design files, approval and settlement decisions for newly constructed buildings and land.

- Any other relevant documents if available.

Note: Each real estate facility should prepare its own set of documents, and units with multiple real estate facilities in different locations should prepare corresponding sets for each facility they manage and use.

The declaration documents should be prepared in two copies, endorsed by the superior management agency, and submitted to the agency issuing the certificate.

B/ PROCEDURES FOR RECEIVING, PROCESSING, AND REVIEWING THE ISSUE OF CERTIFICATES OF RIGHTS TO MANAGE AND USE REAL ESTATE FOR HEADQUARTERS OF STATE-OWNED ADMINISTRATIVE AND INSTITUTIONAL UNITS:

I- For units under the province and central units operating in the province:

- The Department of Finance and Prices is responsible for receiving the declaration and registration documents of provincial AINU units and central AINU units operating in the province.

1. Receiving documents:

2. Procedures for review and issuance of certificates:

a. Checking the data in the declaration form:

a, Verify the data in the registration declaration: - For units under state management currently using land and property contrary to their intended purpose, such as leasing, housing, joint ventures, production and business cooperation..., these units shall not be considered for issuance of certificates until they terminate all relevant contracts. The unit must report to the People's Committee of the province once it has resolved the issue, at which point the working group will consider submitting to the competent authority for issuance of certificates.

- The working group is responsible for inspecting the actual conditions at the declared units regarding the main contents as follows:

- Boundaries according to the current map, land encroachment phenomena.

- Use of houses and land for purposes assigned by the State such as leasing, residential use, etc.

- Quantity of houses, number of floors, construction area, usable area, etc., between the declaration form and the actual situation.

After inspection, the working group and the declared unit must establish an inspection record and propose measures for handling and adjusting the declaration form.

b, Issuing certificates: - If the declared documents match the actual inspection results, the working group will recommend issuing the certificate and transferring it to the certification authority for signature and issuance to the declared unit.

- The certification authority will base on the recommendation of the working group to sign and issue the certificate, register it in the registry, retain one set of the file at the certification authority, and transfer one set to the certified unit.

3. Handling schools that have not received, do not have, or have lost the decision on the allocation of houses and land from the competent authority:

a, For

units that have not received a decision from the competent authority regarding the allocation of houses and land for their offices: Units managing houses and land for their offices but lacking decisions on allocation from the competent authority, with stable boundaries without disputes over land, shall proceed with the following steps: (i) Name, headquarters address, contact phone number of the parties signing the contract; - Contact the Technical Land Administration Center to conduct a survey of the current status of the premises and land under management and use, confirmed by the Department of Land Administration.

- Prepare a report to submit to the Provincial People's Committee, the Department of Land Administration, the Department of Finance and Asset Pricing, reporting the current status of management and use and requesting a decision on allocation for management as prescribed.

- The working group will consider recommending the Provincial People's Committee to issue a decision allocating houses and land to the unit.

b, For units that have received a decision on the allocation of houses and land from the competent authority but have now

lost it:

- In cases where the unit retains the number and date of the decision on allocation, they should prepare a report to request the issuing authority to allow them to copy the decision. - In cases where the unit cannot copy the decision on allocation or does not retain the number and date of the decision, they should follow the procedures outlined in point a above.

c, For units that have received a decision on the allocation of houses but not on land, currently managing land within temporary boundaries not fully defined legally, shall proceed with the following steps:

- Contact the Technical Land Administration Center to conduct a survey of the current status of the premises and land under management and use, confirmed by the Department of Land Administration.

- Prepare a report to submit to the Provincial People's Committee, the Department of Land Administration, reporting the current status of management and use and requesting a decision on allocation of land for management as prescribed.

- The working group will consider recommending the Provincial People's Committee to issue a decision allocating land to the unit.

II/ For agencies and units under districts and Hue City:

- District People's Committees and Hue City People's Committees promptly establish working groups to implement Decision No. 20/1999/QĐ-BTC of the Ministry of Finance, to implement according to the provincial working group's plan.

The district and Hue City working groups include the following departments: Finance and Planning; Agriculture and Rural Development; Industry and Construction (referred to collectively as the district-level working group).

The district and Hue City working groups have the following main tasks:

1/. Receiving documents.

- The district and Hue City working groups are responsible for receiving declaration forms of units directly under the district and Hue City located within their jurisdiction.

2/ Checking data in the declaration form:

The district and Hue City working groups are responsible for inspecting the actual conditions at the declared units regarding the main contents as follows:

- Use of houses and land contrary to the purpose assigned by the State such as leasing, residential use, etc.

- Quantity of houses, number of floors, construction area, usable area, etc., between the declaration form and the actual situation.

- Boundaries according to the current map, land encroachment phenomena.

After inspection, the district and Hue City working groups and the declared unit must establish an inspection record and propose measures for handling to adjust and supplement the declaration form.

The district and Hue City working groups will only accept documents from units when all required documents as stipulated in Point 4, Section A above are complete. Units lacking the necessary procedures will be guided by the receiving authority to complete the required procedures to register for certification in accordance with state regulations.

3/ Procedures for transferring registration declaration documents:

- Units under localities, after completing the procedures, the district and Hue City working groups will consolidate and send to the provincial working group for review and issuance of the certificate (Department of Finance and Asset Pricing, Thua Thien Hue).

- Units lacking complete declaration documents as prescribed, the district and Hue City working groups will guide the units to comply with Point 4, Section II, Part B above and consolidate and send to the provincial working group for review and inspection before issuing the certificate.

III/ Cases not considered for issuance of certificates of management and use rights for office premises owned by the State:

1/ Disputed land:

Units managing and using premises with ongoing disputes with other organizations and individuals shall temporarily halt the issuance of certificates. The unit must prepare a report to relevant authorities: the Department of Land Administration (at the provincial level), the District People's Committee (at the district level), and contact relevant authorities to resolve the dispute.

2/ Misuse of allocated houses and land:

- Units currently misusing houses and land contrary to the assigned purpose such as leasing, residential use, joint ventures, production and business cooperation, etc., shall not be considered for issuance of certificates. The unit must immediately terminate all leasing contracts, joint ventures, etc. Only after the unit has resolved the issue and reported back to the Provincial People's Committee will the working group consider recommending the competent authority to issue certificates for the unit.

- In cases where there is no need to use the land, report to the competent authority to initiate procedures for recovery and reallocation to another unit according to plans.

- In cases where there is no need to use the land, report to the competent authority to proceed with the procedures for recovering the land and property according to regulations, to allocate to other units as planned.

In cases where there is no need to use the land, report to the competent authority to establish procedures for recovering the land and house in accordance with regulations, to transfer them to another unit for use according to the plan.

Units under the provincial People's Committee, central units under the People's Committee located within the province, and units under the People's Committees of districts and Hue City shall base themselves on this certification issuance procedure to carry out declarations and registrations in accordance with the prescribed requirements and deadlines./.