Shared area in the office of the overseas Vietnamese bodies

Shared area in the office of the overseas Vietnamese bodies (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is shared area?

Shared area is area used for common activities in offices and service providing facilities of overseas Vietnamese bodies, including

Meeting rooms; rooms of standing members and security guards; medical rooms; common document storage rooms; call center rooms; document photocopy rooms; cafeterias; libraries; main lobbies, secondary lobbies and corridors, balconies and other necessary areas besides working areas of titles and specialized areas mentioned in Article 6 and Article 8 of Decree 166/2017/ND-CP.

Shared area shall exclude area occupied by columns, walls, technical boxes and staircases and parking area; these areas shall comply with construction standards.

(Clause 1, Article 7 of Decree 166/2017/ND-CP)

2. Shared area in the office of the overseas Vietnamese bodies

According to Clause 2, Article 7 of Decree 166/2017/ND-CP, shared area in offices and service providing facilities shall be calculated as follows:

- Shared area shall account for up to 70% of total working area of titles if the overseas Vietnamese body has 30 workers or more;

- Shared area shall account for up to 90% of total working area of titles if the overseas Vietnamese body has from 15 to fewer than 30 workers;

- Shared area shall account for up to 130% of total working area of titles if the overseas Vietnamese body has from 05 to fewer than 15 workers;

- Shared area shall account for up to 150% of total working area of titles if the overseas Vietnamese body has fewer than 05 workers.

3. Which agencies are overseas Vietnamese bodies?

According to Clause 1, Article 4 of Decree 166/2017/ND-CP, overseas Vietnamese bodies include:

- Overseas missions of the Socialist Republic of Vietnam according to regulations of law on overseas missions of the Socialist Republic of Vietnam;

- Other overseas Vietnamese bodies, which are bodies unaffiliated with missions, funded by state budget or other funding sources as prescribed by law and established by ministries and provincial People’s Committees as per the law.

4. Rules for standard and norm application and management and use of public property of overseas Vietnamese bodies

Rules for standard and norm application and management and use of public property of overseas Vietnamese bodies are specified in Article 5 of Decree 166/2017/ND-CP, specifically as follows:

- Standards and norms for use of public property of overseas Vietnamese bodies provided in Decree 166/2017/ND-CP shall be used as the basis for budget estimate calculation and planning; allocation, investment in construction, purchase and renting of property, and provision of fixed funding for public property use; management, use and disposal of public property of overseas Vietnamese bodies.

- Management and use of public property of overseas Vietnamese bodies must comply with standards, norms and requirements promulgated by competent Vietnamese authorities and persons according to regulations of this Decree and relevant law provisions.

Order of priority of requirements with which management and of public property of overseas Vietnamese bodies must comply:

+  Conventions to which the Socialist Republic of Vietnam and host country are signatories;

+ Law of the host country;

+ Vietnamese law.

- For persons holding multiple titles that have public property use standards, the highest standards and norms shall apply. When a predecessor reaches the end of their tenure or has a new job but public property equipped for them is ineligible for liquidation according to regulations, the successor may continue using the property instead of obtaining new pieces.

- Public property purchase provided in Decree 166/2017/ND-CP shall be carried out in compliance with the law and only when it is included in state budget estimate of the overseas Vietnamese body.

- When used public property is transferred or received, its price, which provides the basis for standard and norm determination, shall be its remaining value according to the ledger.

- Prices in public property use norms provided in Decree 166/2017/ND-CP shall include taxes required according regulations of the host country and exclude premium, charges and other payments related to public property use according to regulations of the host country; if taxes are exempt, calculate the exact amount of exempted taxes to determine the public property use norm.

- Exchange rates shall adhere to the exchange rate table published by the State Bank of Vietnam at the time of allocation, investment in construction, purchase or renting of property, provision of fixed funding for property use or public property disposal.

- Payrolls used to determine standards and norms for use of public property of overseas Vietnamese bodies provided in this Decree shall be based on payroll quotas of overseas Vietnamese bodies approved by competent authorities as per regulations of law.

- Property renting and provision of fixed funding for public property use must be more economical and efficient than allocation, investment in construction and purchase of property; support foreign affairs and protect state secrets as per regulations of law on state secret protection. Funding for renting and fixed funding shall be included in annual state budget estimates of overseas Vietnamese bodies.

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