Chương I Nghị định 90/2022/NĐ-CP về quản lý, sử dụng nhà, đất do Bộ Ngoại giao quản lý để phục vụ hoạt động đối ngoại của Nhà nước: Những quy định chung

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 use means 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.

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