Decree No. 90/2022/NĐ-CP on the management and use of houses and lands under the management of the Ministry of Foreign Affairs for State foreign affairs activities

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the management and use of houses and lands under the management of the Ministry of Foreign Affairs to serve state foreign activities (hereinafter referred to collectively as houses and lands for foreign affairs).

Article 2. Applicability

1. The Ministry of Foreign Affairs and public service units under the Ministry of Foreign Affairs assigned by the Ministry of Foreign Affairs to directly manage houses and lands for foreign affairs.

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

3. Other organizations and individuals related thereto.

Article 3. Explanation of Terms

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

1. Foreign organizations with diplomatic functions include: diplomatic missions, consular posts, other foreign agencies with diplomatic functions recognized by the Government of the Socialist Republic of Vietnam; representative offices of United Nations organizations, intergovernmental agencies, and representative offices of intergovernmental organizations.

2. Foreign offices include: representative offices of government organizations from foreign countries, representative offices of foreign news agencies, press, radio, and television stations, representative offices and project offices of foreign non-governmental organizations, and other foreign offices.

Mutual use of houses and lands for foreign affairs refers to the use of such houses and lands according to international treaties 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 for their use.

Provision of houses and lands without payment refers to the arrangement by the Government of the Socialist Republic of Vietnam of houses and lands for foreign affairs for diplomatic missions or representative offices of United Nations organizations or other international organizations to use as headquarters or residences without payment for their use; the rental fee is determined as the contribution or support provided by the Vietnamese Government to the foreign government or international organization.

Granting preferential rental of houses and lands for foreign affairs to foreign organizations with diplomatic functions or foreign offices based on special national policies involves renting such houses and lands upon consideration of the diplomatic, political, and economic relations between the two countries ensuring the principle of reciprocity or contributions made by those organizations/offices to Vietnam's development and enhanced position.

Granting rental of houses and lands for foreign affairs to foreign organizations with diplomatic functions or foreign offices based on state-assigned tasks involves renting such houses and lands through mutual agreement between both parties based on market mechanisms.

The principle of reciprocity in determining rental prices for houses and lands for foreign affairs rented to foreign organizations with diplomatic functions under special national preferential policies involves considering and determining rental prices based on the level of diplomatic relations between the two parties.

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

1. The management and use of houses and land for foreign affairs shall be carried out in accordance with the provisions of laws on the management and use of state assets, laws on land, laws on construction, and other relevant laws; in cases where international treaties to which the Government of the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented in accordance with the signed international treaties.

2. The management and use of houses and land for foreign affairs must ensure principles of thrift, efficiency, appropriate purpose, correct target, transparency, and clarity.

3. All revenues and expenditures related to the management and use of houses and land for foreign affairs shall be implemented in accordance with the provisions of laws on the state budget and relevant laws.

4. The rental price for houses serving foreign affairs shall be determined based on market conditions; ensuring compensation for costs and accumulation for preservation and development of houses serving foreign affairs; the exemption or reduction of rental prices below market rates shall be decided by the Minister of Foreign Affairs on the principle of "give and take," in line with the country's diplomatic relations.

The leasing of land, determination of land rental fees, and exemptions or reductions in land rental fees (if applicable) for public service units directly assigned the task of managing houses and land for foreign affairs shall be carried out in accordance with the laws on land and this Decree.

5. The reorganization and handling of houses and land owned by the State for foreign affairs activities shall be implemented in accordance with the Government's Decree on the reorganization and handling of state assets.

6. The Ministry of Foreign Affairs shall bear full responsibility for the management and use of houses and land for foreign affairs according to its assigned responsibilities and tasks; managing revenues and expenditures in accordance with the law.

Chapter II

SPECIFIC PROVISIONS

Section 1

MANAGEMENT AND USE OF HOUSES AND LAND FOR FOREIGN AFFAIRS IN A MUTUAL EXCHANGE FORM

 AND WITHOUT PAYMENT

 AND LEASING

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

1. Based on international treaties between the Government of the Socialist Republic of Vietnam and the Government of another country, the unit directly assigned to manage and use houses and land for foreign affairs shall implement:

a) Agreeing with foreign organizations with diplomatic functions to use houses to sign Contracts (or Agreements) specifying the responsibilities of both parties during the usage period.

b) Organizing the handover of houses and land to foreign organizations with diplomatic functions. The handover shall be recorded in a protocol in accordance with the laws on the management and use of state assets.

c) Implementing the tasks within the responsibility of the Vietnamese side regarding the use of houses and land as stipulated in the international treaty 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 foreign organizations with diplomatic functions at the end of the mutual exchange usage period. Developing plans for their use and reporting to the competent authority for approval.

2. In cases where international treaties between the Government of the Socialist Republic of Vietnam and the Government of another country stipulate that the Vietnamese side must undertake maintenance and repair of houses during the usage period, the costs of maintenance and repair shall be self-funded from the financial resources of the public service unit in accordance with the law; in cases requiring investment, renovation, and upgrading, the costs of such investments shall be sourced from the Development Fund of the public service unit. Maintenance, repair, investment, renovation, and upgrading shall be carried out in accordance with the laws on the management and use of state assets, laws on investment and construction, laws on the state budget, 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. The unit directly managing and using houses and lands for foreign affairs shall implement the following based on international treaties between the Government of the Socialist Republic of Vietnam and the foreign government or foreign organizations with diplomatic functions:

a) Agreeing with foreign organizations with diplomatic functions to use houses to sign Contracts (or Agreements) specifying the responsibilities of both parties during the usage period.

b) Organizing the handover of houses and land to foreign organizations with diplomatic functions. The handover shall be recorded in a protocol in accordance with the laws on the management and use of state assets.

c) Fulfill the responsibilities of the Vietnamese side regarding the use of houses and lands as stipulated in the international treaties between the Government of the Socialist Republic of Vietnam and the foreign government or foreign organizations with diplomatic functions.

d) Organize the acceptance and protection of houses and lands returned by foreign organizations with diplomatic functions at the end of the gratuitous use period. Develop plans for utilization and submit them to the competent authority for approval.

2. In cases where international treaties between the Government of the Socialist Republic of Vietnam and the foreign government or foreign organizations with diplomatic functions specify that the Vietnamese side must undertake maintenance and repair of houses during the usage period, the costs for maintenance and repair shall be self-funded from the financial resources of the public service unit according to the provisions of the law; in cases requiring investment, renovation, and upgrading, the costs for such activities shall be sourced from the Development Fund for Public Service Activities of the unit. Maintenance, repair, investment, renovation, and upgrading shall be carried out in accordance with the laws on management and use of state assets, laws on construction investment, laws on 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 and leasing of houses and lands for foreign affairs

1. Management and leasing of houses and lands for foreign affairs apply to foreign organizations with diplomatic functions and foreign offices leased under special preferential policies of the State as decided by the competent authority.

a) The Minister of Foreign Affairs:

- Examines and decides on granting leases of houses and lands to foreign organizations with diplomatic functions and foreign offices under the special preferential policies of the State for specific cases.

- Examines and decides on rental prices for houses ensuring market prices, suitability for diplomatic relations, and national interests according to the principle of reciprocity for specific cases.

b) The unit directly managing houses and lands for foreign affairs is exempted from land rent for areas of houses and lands serving foreign organizations with diplomatic functions and foreign offices. The exemption of land rent is implemented according to the provisions of the law on land.

2. Management and leasing of houses and lands for foreign affairs apply to remaining foreign organizations with diplomatic functions and foreign offices leasing under assigned state tasks (excluding those specified in Clause 1 of this Article).

a) The Minister of Foreign Affairs: - Examines and decides on granting leases of houses and lands to foreign organizations with diplomatic functions and foreign offices under assigned state tasks for specific cases. - Examines and decides on rental prices ensuring market prices.

b) The unit directly managing houses and lands for foreign affairs must pay land rent for areas of houses and lands serving foreign organizations with diplomatic functions and foreign offices according to the provisions of the law on land.

3. The unit directly managing houses and lands for foreign affairs shall implement:

a) Signing lease contracts for houses with foreign organizations with diplomatic functions and foreign offices according to Vietnamese law.

b) Implementing maintenance and repair of houses according to lease contracts or other agreements signed between the lessor and lessee according to Vietnamese law.

If the lease contract or other agreement specifies the responsibility for maintenance and repair of houses belongs to the lessor, the maintenance and repair expenses shall be implemented according to the financial regulations for public service units as stipulated by law.

4. Leasing houses to organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices:

a) Leasing houses to organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices only applies in cases where houses and lands are currently being developed for utilization plans or introduced for foreign organizations with diplomatic functions or foreign offices to lease for over six months without registered tenants.

The Minister of Foreign Affairs examines and decides and bears responsibility for leasing to non-foreign organizations with diplomatic functions or foreign offices.

b) The leasing process shall be carried out according to the provisions of the Law on Management and Use of State Assets, Decree No. 151/2017/NĐ-CP dated December 26, 2017 of the Government detailing certain provisions of the Law on Management and Use of State Assets and any subsequent amendments (if any).

The Ministry of Foreign Affairs shall specify the lease term, conditions for terminating the lease contract before the term to ensure recovery of leased houses for foreign affairs purposes; annually report to the Prime Minister on the situation of leasing to non-foreign organizations with diplomatic functions or foreign offices.

Section 2

MANAGEMENT AND USE OF FUNDS RECEIVED FROM THE USE

OF HOUSES AND LANDS FOR FOREIGN AFFAIRS IN LEASING

Article 8. Management and use of funds derived from renting out houses and lands for diplomatic purposes

The management and use of funds derived from renting out houses and lands for diplomatic purposes shall be carried out in accordance with the provisions set forth in Clause 5 of Article 55 of the Law on Management and Use of State Assets, Decree No. 151/2017/ND-CP, Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government on the financial autonomy mechanism of public service units, guiding documents implementing Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government, and any subsequent amendments (if any).

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. Responsibilities of the Ministry of Foreign Affairs

1. Decide or submit to the competent authority for decision-making on the management, use, investment, and upgrading of facilities including houses and lands for diplomatic purposes in accordance with the provisions of this Decree.

2. Manage, use, invest in, and upgrade facilities including houses and lands for diplomatic purposes in compliance with laws on the management and use of state assets, laws on bidding, and other relevant laws.

3. Coordinate with related agencies to ensure security, defense requirements, and operational conditions for foreign organizations with diplomatic functions and foreign offices during their use of houses and lands for diplomatic purposes in Vietnam.

4. Direct the unit directly responsible for managing houses and lands for diplomatic purposes to record and report on properties including houses and lands under its management and use in accordance with laws on accounting and statistics.

Contents of asset reports include:

a) Asset declaration reports;

b) Reports on the management and use of assets.

The contents of asset declaration reports and reports on the management and use of houses and lands for diplomatic activities shall be implemented in accordance with the provisions of Section 3 of Chapter XIV of Decree No. 151/2017/ND-CP, any subsequent amendments (if any), and guidelines issued by the Ministry of Finance.

Article 10. Responsibilities of the Ministry of Finance

Guide the implementation of this Decree.

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 the unit directly responsible for managing houses and lands for diplomatic purposes in completing legal documents regarding land, construction investment, and security for foreign organizations with diplomatic functions and foreign offices in accordance with the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 12. Transitional Provisions

For houses and lands managed by the Ministry of Foreign Affairs for diplomatic purposes that are currently rented out according to Contracts (or Agreements) in accordance with the law before the effective date of this Decree, continue to implement according to the signed Contracts (or Agreements). After the rental period expires or the Contract (or Agreement) is terminated prematurely, renting out houses and lands for diplomatic purposes shall be carried out in accordance with the provisions of this Decree.

Article 13. Effective Date

1. This Decree takes effect from December 15, 2022.

2. Repeal Decision No. 56/2014/QD-TTg dated October 6, 2014 of the Prime Minister on the management and use of state-owned houses and lands for the diplomatic activities of the State.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and central cities, and related units and individuals are responsible for implementing this Decree.