Regulations on management of houses and land for foreign affairs for lease in Vietnam

Regulations on management of houses and land for foreign affairs for lease in Vietnam (Internet image)

Regulations on management of houses and land for foreign affairs for lease in Vietnam

Regulations on management of houses and land for foreign affairs for lease in Vietnam are specified in Decree 90/2022/ND-CP on the management and use of houses and land managed by the Ministry of Foreign Affairs of Vietnam for state foreign affairs.

(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.

- 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.

- 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.

- 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.

- 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:

- Conclude House Lease Contracts with foreign organizations with diplomatic functions and foreign offices according to the laws of Vietnam.

- 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:

- 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.

- The lease shall comply with the Law on Management and Use of Public Properties, Decree 151/2017/ND-CP, 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.

Duong Chau Thanh

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