What are regulations on selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies?

What are regulations on selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies?

Pursuant to Article 13 of the Decree 166/2017/NĐ-CP stipulating regulations on selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies as follows:

1. Offices, service providing facilities, housing and private houses shall be sold in the cases mentioned in Clause 1 Article 43 of the Law on Management and Use of Public Property. Such selling must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Competence in decision:

a) The Prime Minister has the power to decide the selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies in the case mentioned in Point a Clause 2 Article 22 of Decree No. 151/2017/ND-CP at the request of heads of ministries and provincial People’s Committees managing the property to be sold and with the written approval of the Ministry of Finance;

b) Heads of ministries and provincial People’s Committees have the power to decide the selling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies under their management besides the cases mentioned in Point a of this Clause with the written approval of the Ministry of Finance.

3. Amounts collected from the selling of offices, service providing facilities, housing and private houses shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget. Amounts deposited into state budget shall be used to invest in development and allocated to funding for budget expenditure according to law provisions on state budget and public investment and other relevant law provisions to invest in construction, upgrade and renovation of offices, service providing facilities, housing and private houses according to projects approved by competent authorities and persons.

What are regulations on liquidation of houses, works and other property of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies?

Pursuant to Article 14 of the Decree 166/2017/NĐ-CP stipulating regulations on liquidation of houses, works and other property of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies as follows:

1. Houses, works and other property of offices, service providing facilities, housing and private houses shall be liquidated in the cases mentioned in Clause 1 Article 45 of the Law on Management and Use of Public Property. Such liquidation must adhere to regulations of law of the host country; any matter not provided for by the law of the host country shall comply with regulations of Vietnamese law.

2. Heads of ministries and provincial People’s Committees have the power to decide or authorize heads of overseas Vietnamese bodies to decide the liquidation of houses, works and other property of offices, service providing facilities, housing and private houses under their management.

In case liquidation needs to take place before the given deadline, heads of ministries and provincial People’s Committees shall consider and decide such liquidation with written approval from the Ministry of Finance.

3. Liquidation shall take place via a liquidation council established by the head of the overseas Vietnamese body. The council shall have the head of the overseas Vietnamese body as its chairperson and representatives of relevant units of the overseas Vietnamese body as its members.

4. Amounts collected from the liquidation of houses, works and other property of offices, service providing facilities, housing and private houses shall be deposited into the fund for temporary retention of state budget revenues at overseas Vietnamese bodies and, after relevant costs have been deducted, deposited into state budget.

What are regulations on rearrangement and handling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies?

Pursuant to Article 15 of the Decree 166/2017/NĐ-CP stipulating regulations on rearrangement and handling of offices, service providing facilities, housing and private houses of overseas Vietnamese bodies as follows:

1. Overseas Vietnamese bodies shall rearrange and handle offices, service providing facilities, housing and private houses according to their intended purposes, in compliance with the standards and norms in this Decree and as suitable for the organization and apparatus as per the law.

Rearrangement and handling plans shall be formulated for all offices, service providing facilities, housing and private houses managed and used by an overseas Vietnamese body in each area.

2. Offices, service providing facilities, housing and private houses shall be rearranged so that offices and service providing facilities are used separately from housing and private houses. If these facilities cannot be used separately, rearrange working area and residential area to ensure that foreign affairs take place properly.

3. Facilities not used for the intended purposes or no longer used shall be handled according to regulations of the Law on Management and Use of Public Property and Decree No. 151/2017/ND-CP.

4. Heads of overseas Vietnamese bodies shall formulate and submit plans for rearrangement and handling of offices, service providing facilities, housing and private houses that they are managing or using to ministries and provincial People’s Committees to:

a) Propose plans for selling of offices, service providing facilities, housing and private houses to the Prime Minister for consideration and approval according to regulations in Point a Clause 2 Article 13 herein.

b) Have plans for rearrangement and handling of offices, service providing facilities, housing and private houses besides the cases mentioned in Point a of this Clause approved with the written approval of the Ministry of Finance.

5. Amounts collected from the rearrangement and handling of offices, service providing facilities, housing and private houses shall be managed and used according to regulations in Clause 3 Article 13 or Clause 4 Article 14 of this Decree.

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