Decree No. 90/2022/ND-CP dated October 28, 2022 on management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs

DECREE

MANAGEMENT AND USE OF HOUSES AND LAND MANAGED BY THE MINISTRY OF FOREIGN AFFAIRS OF VIETNAM FOR STATE FOREIGN AFFAIRS

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government of Vietnam dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

Pursuant to the Law on Land dated November 29, 2013;

Pursuant to the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Missions, and Representative Agencies of International Organizations in Vietnam dated August 23, 1993;

At the request of the Minister of Finance of Vietnam;

The Government of Vietnam hereby promulgates the Decree on the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs (hereinafter referred to as “houses and land for foreign affairs”).

Article 2. Regulated entities

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

2. Foreign organizations with diplomatic functions, foreign offices, and other entities that are allocated or leased houses and land for foreign affairs by the Vietnamese party to be used as headquarters or residences in Vietnam.

3. Other relevant organizations and individuals.

Article 3. Interpretation of terms

For the purpose of this Decree, the following terms shall be construed as follows:

1. Foreign organizations with diplomatic functions include: diplomatic missions, consular missions, and other representative agencies of foreign countries with diplomatic functions recognized by the Government of Vietnam; representative agencies of organizations affiliated to the United Nations, intergovernmental agencies or organizations, or representative agencies of intergovernmental organizations.

2. Foreign offices include: representative offices of organizations affiliated to foreign governments, representative offices of news, press, radio, and television agencies, representative offices, project offices of foreign non-governmental organizations, and other foreign offices.

3. Reciprocal house and land usemeans the use of houses and land for foreign affairs according to International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments in the form of one country providing houses and land to the diplomatic missions of the other country to use as headquarters and residences on the territory of the other country free of charge.

4. Free allocation of house and land use means the Government of the Socialist Republic of Vietnam providing free allocation of houses and land for foreign affairs for diplomatic missions and representative agencies of organizations affiliated to the United Nations or other international organizations to be used as headquarters and residences; the rent is regarded as the contribution or aid of the Vietnamese Government provided to Foreign Governments or international organizations.

5. The lease of houses and land for foreign affairs to foreign organizations with diplomatic functions and foreign offices according to special preferential policies of the State means the lease of houses and land based on consideration for the level of diplomatic, political, and economic affairs between the two countries on the principle of reciprocity or the contribution of the specific organization/office toward developing and strengthening the position of Vietnam.

6. Lease of houses and land for foreign affairs to foreign organizations with diplomatic functions and foreign offices according to the tasks assigned by the State means the lease of houses and land based on the agreement between two parties under the market mechanism.

7. Principle of reciprocity in determining lease prices of houses and land for foreign affairs to foreign organizations with diplomatic functions according to special preferential policies of the State means the consideration and determination of lease prices of houses and land based on the level of the two sides' diplomatic affairs.

Article 4. Principles of management and use of houses and land for foreign affairs

1. The management and use of houses and land for foreign affairs shall 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.

2. The management and use of houses and land for foreign affairs shall ensure principles of thrift, efficiency, right purposes, correct subjects, publicity, and transparency.

3. Revenue and expenditures related to the management and use of houses and land for foreign affairs shall comply with regulations of laws on the state budget and relevant laws.

4. 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 shall 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 shall comply with regulations of laws on land and this Decree.

5. The re-arrangement and handling of houses and land owned by the State for foreign affairs shall comply with regulations prescribed in Decrees of the Government of Vietnam on the re-arrangement and handling of public properties.

6. The Ministry of Foreign Affairs of Vietnam shall 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.

Chapter II

SPECIFIC PROVISIONS

Section 1.MANAGEMENT OF HOUSES AND LAND FOR FOREIGN AFFAIRS USED IN THE FORMS OF RECIPROCITY, FREE ALLOCATION, AND LEASE

Article 5. Management of houses and land for foreign affairs used in the form of reciprocity

1. 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 shall:

a) 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.

b) 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.

c) 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.

d) 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.

2. 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.

3. The State shall not collect house and land rent regarding houses and land for foreign affairs used in the form of reciprocity.

Article 6. Management of houses and land for foreign affairs used in the form of free allocation of house and land use

1. According to International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments or foreign organizations with diplomatic functions, units assigned to directly manage and use houses and land for foreign affairs shall:

a) 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.

b) 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.

c) Perform tasks subject to the responsibilities of the Vietnamese party regarding the use of houses and land recorded in International Treaties between the Socialist Republic of Vietnam and Foreign Governments or foreign organizations with diplomatic functions.

d) Organize the receipt and protection of houses and land returned at the end of the free reciprocal use term by foreign organizations with diplomatic affairs. Prepare schemes for allocating the use and report them to competent authorities for approval.

2. In case International Treaties between the Government of the Socialist Republic of Vietnam and Foreign Governments or foreign organizations with diplomatic functions 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.

3. The State shall not collect house and land rent regarding houses and land for foreign affairs used in the form of free allocation of house and land use.

Article 7. Management of houses and land for foreign affairs for lease

1. Management of houses and land for foreign affairs applicable to foreign organizations with diplomatic functions and foreign offices eligible for renting such houses and land according to special preferential policies of the State according to decisions of competent authorities.

a) The Minister of Foreign Affairs of Vietnam shall:

- Consider and decide on the lease of houses and land to eligible foreign organizations with diplomatic functions and foreign offices according to special preferential policies of the State for each specific case.

- Consider and decide on the lease prices of houses following the market prices and suitable for foreign affairs, guaranteeing benefits of the State based on the principle of reciprocity for each specific case.

b) Units assigned to directly manage houses and land for foreign affairs are exempted from land rent regarding areas of houses and land for foreign affairs leased to foreign organizations with diplomatic functions and foreign offices. The land rent exemption shall comply with regulations of laws on land.

2. Management of houses and land for foreign affairs applicable to remaining foreign organizations with diplomatic functions and foreign offices eligible for renting such houses and land (not specified in Clause 1 of this Article) according to tasks assigned by the State.

a) The Minister of Foreign Affairs of Vietnam shall:

- Consider and decide on the lease of houses and land to eligible foreign organizations with diplomatic functions and foreign offices according to tasks assigned by the State for each specific case.

- Consider and decide on the house lease prices according to the market prices.

b) Units assigned to directly manage houses and land for foreign affairs shall submit land rent regarding areas of houses and land for foreign affairs leased to foreign organizations with diplomatic functions and foreign offices according to laws on land.

3. Units assigned to directly manage houses and land for foreign affairs shall:

a) Conclude House Lease Contracts with foreign organizations with diplomatic functions and foreign offices according to the laws of Vietnam.

b) Perform house maintenance and repair according to House Lease Contracts or other Agreements concluded between the lessor and lessee according to the laws of Vietnam.

In case House Lease Contracts or other Agreements specify that the lessor is responsible for house maintenance and repair, the cost of maintenance and repair shall comply with financial regulations on public service providers as prescribed by law.

4. Regarding the lease of houses to organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices:

a) The lease of houses to organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices is only applicable to cases of houses and land are in the process of preparing use allocation schemes or cases where houses and land have not been rented for more than 6 months after being introduced to foreign organizations with diplomatic functions and foreign offices.

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

b) The lease shall comply with the Law on Management and Use of Public Properties, Decree No. 151/2017/ND-CP dated December 26, 2017 of the Government of Vietnam elaborating on the Law on Management and Use of Public Properties, and amendment documents (if any).

The Ministry of Foreign Affairs of Vietnam shall decide on the lease term and conditions for premature termination of house lease contracts to ensure the retrieval of currently leasing houses for foreign affairs; submit annual reports on situations of entities that are not foreign organizations with diplomatic functions or foreign offices renting houses to the Prime Minister of Vietnam.

Section 2.MANAGEMENT AND USE OF REVENUE FROM LEASING HOUSES AND LAND FOR FOREIGN AFFAIRS

Article 8. Management and use of revenue from leasing houses and land for foreign affairs

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 (if any).

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 9. The Ministry of Foreign Affairs of Vietnam shall:

1. Promulgate decisions or suggest competent authorities to decide on the management, use, investment, and upgrade of houses and land for foreign affairs following this Decree.

2. Manage, use, invest, and upgrade houses and land for foreign affairs in compliance with laws on the management and use of public properties, laws on bidding, and relevant laws.

3. Cooperate with relevant agencies in guaranteeing requirements for national defense, security, and operational conditions of foreign organizations with diplomatic functions and foreign offices during the use term of houses and land for foreign affairs in Vietnam.

4. Direct units assigned to directly manage houses and land for foreign affairs to record and report on properties that are houses and land allocated for management and use following laws on accounting and laws on statistics.

Property reports include:

a) Reports on property declaration;

b) Reports on the management and use of properties.

The content of reports on property declaration and reports on the management and use of properties that are houses and land for foreign affairs shall comply with Section 3 Chapter XIV of Decree No. 151/2017/ND-CP, amendment documents (if any), and guidelines of the Ministry of Finance of Vietnam.

Article 10. The Ministry of Finance of Vietnam shall:

Provide guidelines on the implementation of this Decree.

Article 11. People's Committees of provinces and centrally affiliated cities shall:

Direct relevant agencies to cooperate with the Ministry of Foreign Affairs of Vietnam and units assigned to directly manage houses and land for foreign affairs in completing legal documents on land, construction investment, and safety and security for foreign organizations with diplomatic functions and foreign offices in accordance with the law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 12. Transitional provision

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.

Article 13. Entry into force

1. This Decree comes into force as of December 15, 2022.

2. Annulment of Decision No. 56/2014/QD-TTg dated October 6, 2014 of the Prime Minister of Vietnam on the management and use of houses and land owned by the State for state foreign affairs.

Article 14. Implementation responsibilities

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.