Standing Deputy Prime Minister Pham Binh Minh has just signed and promulgated Decree No. 90/2022/ND-CP dated October 28, 2022 on the management and use of houses and land managed by the Ministry of Foreign Affairs to serve the activities of the foreign affairs of the State.
The Decree clearly states that the management and use of houses and land in service of foreign affairs shall comply with the provisions of the law on management and use of public property, the land law, the law on construction and other relevant laws; In case the international treaties to which the Government of Viet Nam is a contracting party otherwise provide, the signed international treaties shall apply.
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. Revenues and expenditures related to the management and use of houses and land in service of foreign affairs must comply with the provisions of law.
The rental price of a house serving foreign affairs is determined according to the market; ensure to cover costs, have accumulation to preserve and develop foreign service houses; the exemption or reduction of house 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 or 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 provisions of the land law and this Decree.
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; manage revenues and expenditures in accordance with law.
In addition, regarding 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 let foreign organizations with diplomatic functions and foreign offices rent houses and land according to the State's special preferential policies for each specific case; consider and decide on a guaranteed house rental price according to the market price, in line with foreign relations, and ensure the interests of the State on the principle of "reciprocity" for each specific case.
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, applied to foreign organizations with diplomatic functions and the remaining foreign offices (not falling into the case specified above) leased according to the tasks assigned by the State, the Ministry of Foreign Affairs shall The Minister of Foreign Affairs shall consider and decide to allow foreign organizations with diplomatic functions or foreign offices to rent houses and land according to the tasks assigned by the State for each specific case; consider and decide the guaranteed rental price according to the market price.
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 provisions of land law.
With regard to the leasing of houses to foreign organizations and individuals that are not foreign organizations with diplomatic functions or foreign offices for rent, the Decree clearly states that: only applies to cases where houses and land are in the process of making plans for use or are introduced to foreign organizations with diplomatic functions or foreign offices for more than 06 months without a registered tenant.