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).
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