The regulations on the management and use of houses and land in service of foreign affairs

Published on 31 - 10 - 2022
100%

On 28/10/2022, the Government issued the Decree No. 90/2022/ND-CP on the management and use of houses and land managed by the Ministry of Foreign Affairs to serve the State's external activities.

Accordingly, the management and use of houses and land in service of foreign affairs must ensure a number of principles. Specifically: The management and use of houses and land in service of foreign affairs shall comply with the law on the management and use of public property, the law on land, the law on construction and other laws; in case the international treaties to which the Government of Vietnam is a contracting party have other regulations, the signed international treaties shall be applied.

The management and use of houses and land in service of foreign affairs must ensure the principles of thrift, efficiency, right purposes, right objects, publicity and transparency.

The revenues and expenditures related to the management and use of houses and land in service of foreign affairs shall comply with the law on state budget and relevant laws.

The rental price of a house serving foreign affairs is determined according to the market; ensuring to cover costs, have accumulation to preserve and develop foreign service housing; the exemption or reduction of house's rental prices lower than market prices shall be decided by the Minister of Foreign Affairs on the principle of "reciprocity", in accordance with the external relations of the State. The land lease, land rent determination and land rent exemption and reduction (if any) of public non-business units assigned by the Ministry of Foreign Affairs to directly manage houses and land in service of foreign affairs shall comply with the regulations of the law on land and this Decree.

The rearrangement and disposal of houses and land owned by the State in service of foreign affairs shall comply with the provisions of the Government's Decree on the rearrangement and handling of public property.

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

For the management of houses and land in service of foreign affairs used in the form of reciprocity, according to an international treaty between the Government of the Socialist Republic of Vietnam and a foreign government, the unit assigned to directly manage and use the houses and land in service of foreign relations shall make agreements with foreign organizations with diplomatic functions to use houses and sign contracts (or Agreements) on house using, stipulating the responsibilities of the parties during the usage period.

In addition, the unit assigned to directly manage and use houses and land in service of foreign affairs handovers houses and land to foreign organizations with diplomatic functions; performs tasks under the responsibility of the Vietnamese party for the use of houses and land specified in the international treaty; organizes the reception and protection of houses and land returned by foreign organizations with diplomatic functions at the end of the mutual using term...

Regarding to the management of houses and land in service of foreign affairs for lease, the Decree clearly states that the Minister of Foreign Affairs considers and decides to allow foreign organizations with diplomatic functions and foreign offices to lease house and land according to special incentives policies of the State for each specific case; considers and decides on the house's rental prices according to the market prices, in line with external relations, and ensuring the interests of the State on the principle of "reciprocity" for each specific case.

The units assigned to directly manage houses and land in service of foreign affairs shall be exempted from land rent for the area of ​​houses and land in service of foreign relations to foreign organizations with diplomatic functions or foreign offices. The land rent exemption shall comply with the provisions of the land law.

With regard to the management of houses and land in service of foreign affairs applicable to foreign organizations with diplomatic functions, the remaining foreign offices (not falling into the case specified above) leased according to state-assigned tasks, the Minister of Foreign Affairs shall consider and decide to allow foreign organizations with diplomatic functions and foreign offices to rent houses and land according to the tasks assigned by the State for each specific case; considers and decides the rental price according to the market price.

The units assigned to directly manage houses and land in service of foreign affairs must pay land rent for the area of ​​houses and land in service of foreign relations to foreign organizations with diplomatic functions or foreign offices to lease according to the provisions of land law.

Regarding the leasing of houses to organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices, the Decree clearly states: The lease of a house by an organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices only applies to cases that the house or land is in the process of making a plan for use or being introduced to a foreign organization with diplomatic functions or foreign office to lease for more than six months without any registered object.

The Minister of Foreign Affairs shall consider, decide and take responsibility for the leasing of objects that are not foreign organizations with diplomatic functions or foreign offices.

The leasing shall comply with the provisions of the Law on Management and Use of Public Property, the Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government detailing a number of articles of the Law on Management and Use of Public Property and amendments (if any).

The Ministry of Foreign Affairs shall specify the leasing term and the conditions for terminating the house leasing contract ahead of time to ensure the recovery of the currently leased house for external purposes; annually, report to the Prime Minister on the situation of the leasing objects that are not foreign organizations with diplomatic functions or foreign offices.

The responsibilities of the Ministry of Foreign Affairs: To decide or submit to competent authorities for decision of the management, use, investment and upgrading of housing and land facilities serving foreign affairs in accordance with this Decree. To manage, use, invest in and upgrade housing and land facilities in service of foreign affairs in accordance with the law on the management and use of public property, the law on bidding and other relevant laws. To coordinate with relevant agencies in ensuring security, national defence and operating conditions of foreign organizations with diplomatic functions and foreign offices during the use of houses and land in service of foreign affairs in Vietnam...

This Decree takes effect from December 15, 2022.

Latest new

The Official Letter on speeding up the disbursement of public investment capital in the last...(11/11/2022 9:00 SA)

The Official Telegram on the management and administration of petroleum products(03/11/2022 9:03 SA)

To implement the Resolution No. 131/NQ-CP dated October 6, 2022 of the Government on promoting...(01/11/2022 3:32 CH)

The Government amends and supplements a number of guiding articles of the Law on Tax Administration(31/10/2022 2:23 CH)

The orientation of socio-economic space development according to the Resolution No. 138/NQ-CP of...(26/10/2022 9:44 SA)

The orientation for the development of the national urban and rural system according to the...(26/10/2022 8:53 SA)

The Decision of the Prime Minister approving the program "Promoting lifelong learning activities...(20/10/2022 3:54 CH)

The plan of the Provincial People's Committee on the communication to serve the National Target...(20/10/2022 10:36 SA)

°
1474 online users