Regulations on construction of workplaces of state authorities in Vietnam

Regulations on construction of workplaces of state authorities in Vietnam (Internet image)

1. Use of land pertaining to workplaces of state authorities in Vietnam

According to Article 36 of the Law on Management and Use of Public Property 2017, the use of land pertaining to workplaces of state authorities in Vietnam is as follows:

- State authorities shall be distributed land for long-term use without collection of land levy to build workplaces in accordance with functions and assigned tasks, criteria and norms for the use of public property, planning and plans for using land.

- Rights and obligations of state authorities whose land is distributed shall comply with regulations of law on land.

- Before deciding to distribute or withdraw land pertaining to workplaces, competent state authorities shall seek written opinions on workplaces of central state authorities from the Ministry of Finance

Or ask Departments of Finance of provinces for written opinions on workplaces of local state authorities regarding the compliance of plans for distribution and withdrawal with functions, tasks, payrolls and criteria and norms for the use of public property.

2. Investment in construction of workplaces of state authorities in Vietnam

Investment in construction of workplaces of state authorities in Vietnam specified in Article 30 of the Law on Management and Use of Public Assets 2017 (amended in the Law on Investment in the form of public-private partnership 2020) is as follows:

- Workplaces of state authorities shall be invested in construction if:

+ State authorities whose workplaces are not available or fails to satisfy working conditions as prescribed in regulations of law that the State has no workplace and not subject to lease of workplaces;

+ Workplace systems are rearranged to satisfy requirements for administrative reform.

- Construction investment of workplaces shall be made in any of the following forms:

+ Administration complexes;

+ Separate workplaces.

- Administration complex means a complex of workplaces whose planning and construction are put together in one place that is convenient for the use of multiple authorities and organizations. Investment in construction of administration complex shall:

+ Ensure cost-effectiveness, reduction in administrative costs and simplification in transaction for organizations and individuals;

+ Meet targets and requirements for working modernization; planning and plans for land use, urban planning; approved payroll orientation, criteria and norms for the use of workplaces;

+ Funding for construction of an administration complex shall be provided from the state budget and other capital as prescribed in regulations of law; authorities and organizations whose workplaces are located in an administration complex shall transfer their workplaces located in the previous locations to competent authorities.

- Construction investment of workplaces shall be made in any of the following forms:

+ Assign a qualified organization to invest in construction of workplaces in the form of an administration complex;

+ Assign a state authority to directly use workplaces or a qualified organization to invest in construction of workplaces in the form of separate workplaces.

Such authority and organization shall have full capacity to invest in construction of workplaces in accordance with regulations of law on construction and relevant law;

+ Other forms as prescribed by law.

Quoc Dat

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