Decree 90/2022/ND-CP in Vietnam: Rental prices of houses serving foreign affairs are determined by the market

On October 28, 2022, the Government of Vietnam issued Decree 90/2022/ND-CP on the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam to serve the State's foreign affairs activities.

The decree stipulates that foreign offices can rent houses under a special preferential policy. To be specific:

- The management and use of houses and land serving foreign affairs shall comply with the provisions of the law on the management and use of public property, land law, construction law, and other relevant laws; in case international treaties to which the Government of Vietnam is a member have different provisions, the international treaties signed will be implemented.

- The management and use of houses and land serving foreign affairs must ensure the principles of thrift, efficiency, correct purpose, correct objects, publicity, and transparency.

- Revenues and expenditures related to the management and use of houses and land serving foreign affairs shall be implemented in accordance with the provisions of the State budget law and relevant legal provisions.

- The rental price for houses serving foreign affairs is determined according to the market; ensuring cost recovery, with accumulation to preserve and develop houses serving foreign affairs; the exemption or reduction of rental prices lower than the market price is decided by the Minister of Foreign Affairs on the principle of reciprocity, in line with the State's foreign relations.

The lease of land, determination of land rent, and exemption or reduction of land rent (if any) of public service providers directly managing the houses and land serving foreign affairs assigned by the Ministry of Foreign Affairs shall be implemented in accordance with the land law and this Decree.

- The reorganization and handling of State-owned houses and land to serve foreign affairs activities shall comply with the provisions of the Government of Vietnam's Decree regulating the reorganization and handling of public property.

- The Ministry of Foreign Affairs is fully responsible for the overall management and use of houses and land serving foreign affairs according to the assigned functions and tasks; managing revenues and expenditures in accordance with legal provisions.

Additionally, Decree 90/2022/ND-CP also regulates the management of houses and land serving foreign affairs for lease, as follows:

• The management of houses and land serving foreign affairs applies to foreign organizations with diplomatic functions, foreign offices leased under the State's special preferential policy as decided by the competent authority.

- The Minister of Foreign Affairs:

+ Consider and decide for foreign organizations with diplomatic functions and foreign offices to lease houses and land under the State's special preferential policy for each specific case.

+ Consider and decide rental prices for houses ensuring market prices, consistent with foreign relations, ensuring the State's interests based on the principle of reciprocity for each specific case.

- Units assigned to directly manage the houses and land serving foreign affairs are exempt from land rent for the area of houses and land serving foreign affairs for foreign organizations with diplomatic functions and foreign offices leased. The exemption of land rent is implemented in accordance with the land law.

• The management of houses and land serving foreign affairs applies to other foreign organizations with diplomatic functions and foreign offices (not stipulated in Clause 1 of this Article) leased under the State's assignment of tasks.

- The Minister of Foreign Affairs:

+ Consider and decide for foreign organizations with diplomatic functions and foreign offices to lease houses and land under the State's assignment of tasks for each specific case.

+ Consider and decide rental prices for houses ensuring market prices.

- Units assigned to directly manage the houses and land serving foreign affairs must pay land rent for the area of houses and land serving foreign affairs for foreign organizations with diplomatic functions and foreign offices leased in accordance with the land law.

More details can be found in Decree 90/2022/ND-CP of Vietnam, which comes into effect from December 15, 2022, and replaces Decision 56/2014/QD-TTg dated October 6, 2014.

Respectfully!

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