Management and use of houses and land for state foreign affairs
20:41 26/03/2023
On October 28, 2022, the Government of Vietnam promulgated the Decree on the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs.
The Decree provides for the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs.
The management and use of houses and land for foreign affairs will comply with regulations of laws on the management and use of public properties, laws on land, laws on construction, and other relevant laws; in cases where International Treaties that the Government of Vietnam is a signatory have different regulations, comply with the signed International Treaties.
The management and use of houses and land for foreign affairs will ensure principles of thrift, efficiency, right purposes, correct subjects, publicity, and transparency.
Revenue and expenditures related to the management and use of houses and land for foreign affairs will comply with regulations of laws on the state budget and relevant laws.
The lease prices of houses for foreign affairs shall be determined according to market prices, ensuring coverage of costs and accumulation to preserve and develop houses for foreign affairs. The Minister of Foreign Affairs of Vietnam will decide on the exemption or application of lease prices lower than market prices according to the principle of reciprocity suitable for state foreign affairs.
The lease of land, determination of land lease prices, and exemption and reduction of land lease prices (if any) of public service providers assigned by the Ministry of Foreign Affairs to directly manage houses and land for foreign affairs will comply with regulations of laws on land and this Decree.
The re-arrangement and handling of houses and land owned by the State for foreign affairs will comply with regulations prescribed in Decrees of the Government of Vietnam on the re-arrangement and handling of public properties.
The Ministry of Foreign Affairs of Vietnam will be completely responsible for managing, using houses and land for foreign affairs according to its assigned responsibilities and tasks, and managing other revenue and expenditures as prescribed by law.
According to International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments, units assigned to directly manage and use houses and land for foreign affairs will:
- Negotiate with foreign organizations with diplomatic functions eligible for using houses to conclude House Use Contracts (or Agreements) on responsibilities of parties during the use term.
- Organize the house and land handover to foreign organizations with diplomatic functions. The handover is made in writing according to regulations of laws on the management and use of public properties.
- Perform tasks subject to the responsibilities of the Vietnamese party regarding the use of houses and land recorded in International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments.
- Organize the receipt and protection of houses and land returned at the end of the reciprocal use term by foreign organizations with diplomatic affairs. Prepare schemes for allocating the use and report them to competent authorities for approval.
In case International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments specify that the Vietnamese party is responsible for house maintenance and repair during the use term, the cost of house maintenance and repair shall be guaranteed by units assigned to directly manage houses and land for foreign affairs from the financial resources of public service providers as prescribed by law; in case of investment, renovation, and upgrade, the cost of investment, renovation, and upgrade shall be from the Public Service Operation Development Fund of units. The maintenance, repair, investment, renovation, and upgrade shall comply with regulations of laws on the management and use of public properties, laws on construction investment, laws on the state budget, and relevant laws.
The State will not collect house and land rent regarding houses and land for foreign affairs used in the form of reciprocity.
The management and use of revenue from leasing houses and land for foreign affairs shall comply with Clause 5 Article 55 of the Law on Management and Use of Public Properties, Decree No. 151/2017/ND-CP, Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government of Vietnam on financial autonomy mechanisms of public service providers, documents guiding the implementation of Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government of Vietnam, and amendment documents.
Houses and land for foreign affairs currently leased and managed by the Ministry of Foreign Affairs of Vietnam according to Contracts (or Agreements) following regulations of laws before this Decree comes into force shall comply with the concluded Contracts (or Agreements). After the end of the lease term or premature termination of concluded Contracts (or Agreements), the lease of houses and land for foreign affairs shall comply with this Decree.
The Decree comes into force as of December 15, 2022.
Ministers, Directors of ministerial agencies, Directors of Government’s affiliates, Chairmen of People’s Committees of provinces, centrally affiliated cities, and relevant units and individuals shall implement this Decree.
The management and use of houses and land for foreign affairs will comply with regulations of laws on the management and use of public properties, laws on land, laws on construction, and other relevant laws; in cases where International Treaties that the Government of Vietnam is a signatory have different regulations, comply with the signed International Treaties.
The management and use of houses and land for foreign affairs will ensure principles of thrift, efficiency, right purposes, correct subjects, publicity, and transparency.
Revenue and expenditures related to the management and use of houses and land for foreign affairs will comply with regulations of laws on the state budget and relevant laws.
The lease prices of houses for foreign affairs shall be determined according to market prices, ensuring coverage of costs and accumulation to preserve and develop houses for foreign affairs. The Minister of Foreign Affairs of Vietnam will decide on the exemption or application of lease prices lower than market prices according to the principle of reciprocity suitable for state foreign affairs.
The lease of land, determination of land lease prices, and exemption and reduction of land lease prices (if any) of public service providers assigned by the Ministry of Foreign Affairs to directly manage houses and land for foreign affairs will comply with regulations of laws on land and this Decree.
The re-arrangement and handling of houses and land owned by the State for foreign affairs will comply with regulations prescribed in Decrees of the Government of Vietnam on the re-arrangement and handling of public properties.
The Ministry of Foreign Affairs of Vietnam will be completely responsible for managing, using houses and land for foreign affairs according to its assigned responsibilities and tasks, and managing other revenue and expenditures as prescribed by law.
According to International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments, units assigned to directly manage and use houses and land for foreign affairs will:
- Negotiate with foreign organizations with diplomatic functions eligible for using houses to conclude House Use Contracts (or Agreements) on responsibilities of parties during the use term.
- Organize the house and land handover to foreign organizations with diplomatic functions. The handover is made in writing according to regulations of laws on the management and use of public properties.
- Perform tasks subject to the responsibilities of the Vietnamese party regarding the use of houses and land recorded in International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments.
- Organize the receipt and protection of houses and land returned at the end of the reciprocal use term by foreign organizations with diplomatic affairs. Prepare schemes for allocating the use and report them to competent authorities for approval.
In case International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments specify that the Vietnamese party is responsible for house maintenance and repair during the use term, the cost of house maintenance and repair shall be guaranteed by units assigned to directly manage houses and land for foreign affairs from the financial resources of public service providers as prescribed by law; in case of investment, renovation, and upgrade, the cost of investment, renovation, and upgrade shall be from the Public Service Operation Development Fund of units. The maintenance, repair, investment, renovation, and upgrade shall comply with regulations of laws on the management and use of public properties, laws on construction investment, laws on the state budget, and relevant laws.
The State will not collect house and land rent regarding houses and land for foreign affairs used in the form of reciprocity.
The management and use of revenue from leasing houses and land for foreign affairs shall comply with Clause 5 Article 55 of the Law on Management and Use of Public Properties, Decree No. 151/2017/ND-CP, Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government of Vietnam on financial autonomy mechanisms of public service providers, documents guiding the implementation of Decree No. 60/2021/ND-CP dated June 21, 2021 of the Government of Vietnam, and amendment documents.
Houses and land for foreign affairs currently leased and managed by the Ministry of Foreign Affairs of Vietnam according to Contracts (or Agreements) following regulations of laws before this Decree comes into force shall comply with the concluded Contracts (or Agreements). After the end of the lease term or premature termination of concluded Contracts (or Agreements), the lease of houses and land for foreign affairs shall comply with this Decree.
The Decree comes into force as of December 15, 2022.
Ministers, Directors of ministerial agencies, Directors of Government’s affiliates, Chairmen of People’s Committees of provinces, centrally affiliated cities, and relevant units and individuals shall implement this Decree.