THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 83/2007/TT-BTC
Hanoi, July 16, 2007
 
 
CIRCULAR
PROVIDING GUIDELINES FOR IMPLEMENTATION OF DECISION 09/2007/QD-TTG OF THE PRIME MINISTER DATED 19 JANUARY 2007 ON RE-ARRANGING AND DEALING WITH STATE OWNED HOUSING AND LAND
Pursuant to Decree 77/2003/ND-CP of the Government dated 1 July 2003 stipulating the functions, duties, powers and organizational structure of the Ministry of Finance;
Pursuant to Decision 09/2007/QD-TTg of the Prime Minister dated 19 January 2007 on re-arranging and dealing with State owned housing and land;
The Ministry of Finance hereby provides the following guidelines on re-arranging and dealing with State owned housing and land in accordance with Decision 09/2007/QD-TTg of the Prime Minister dated 19 January 2007 (hereinafter referred to as Decision 09):
I. GENERAL PROVISIONS
1. The applicable entities and governing scope as set out in article 1 of Decision 09 shall be as follows:
1.1. The applicable entities set out in article 1.1 of Decision 09 shall comprise:
(a) Administrative bodies and public professional units under the management of central and local authorities (hereinafter collectively referred to as administrative bodies and professional units); socio-political organizations, socio-occupational political organizations, social organizations and socio-occupational organizations (hereinafter collectively referred to as organizations);
(b) State companies under the management of central and local authorities consisting of State corporations and State companies (hereinafter collectively referred to as State companies);
(c) Economic organizations (excluding the State companies stipulated in paragraph (b) of this clause) which are required to move due to environmental pollution in accordance with a decision of the authorized State body (hereinafter referred to as economic organizations required to move).
1.2. The types of housing and land within the governing scope as set out in article 1.1. of Decision 09 shall comprise:
(a) Land allocated by the State without collection of land use fees; land leased by the State to professional units, organizations and State companies;
(b) Land allocated by the State with collection of land use fees but [the land user] has been exempted from land use fees or the land use fees as paid were sourced from the State budget;
(c) Land for which [the land user] received an assignment of the land use right and the money paid was sourced from the State budget;
(d) Housing in which investment [and] construction was funded by capital sourced from the State budget;
(dd) Housing and land for which the authorized State body has not yet made a decision allocating the right to manage or use, but in the category for which the creation of State ownership is required by law;
(e) Housing in which investment [and] construction was funded by capital of a program or project funded by State budget capital, including projects funded by official development assistance (ODA) or non-refundable aid belonging to the State budget and of projects the operation of which has terminated;
(g) Housing in which investment [and] construction was funded by capital sourced from the State budget and which was allocated for management and use to an economic organization [now] required to move;
(h) Land the State has allocated without collection of land use fees to an economic organization required to move, or which the State has leased or allocated with collection of land use fees but [the land user] has been exempted from land use fees.
1.3. With respect to bodies and units belonging to the Ministry of National Defence [or] the Ministry of Police:
The Ministry of National Defence [or] the Ministry of Police shall, on the basis of Decision 09 and the guidelines in this Circular, prepare a plan for re-arranging and dealing with premises and land under its management in each province or city under central authority and obtain opinions from the Ministry of Finance and the peoples committee of the province or city under central authority (hereinafter referred to as the provincial peoples committee) of the locality in which the premises and land are situated in order to make a general report and submit it to the Prime Minister for his decision.
1.4. The Office of the Party Central Committee shall, on the basis of Decision 09 and the guidelines in this Circular, send a submission to the authority for a decision on re-arranging and dealing with premises and land under the formers management.
1.5. With respect to State companies:
(a) Any State company with a plan for conversion of ownership (by way of equitization, sale of all or part of [the company], or transfer of [the company] to its labour collective in order to convert into a shareholding company or co-operative) which was approved by the relevant authority before the effective date of Decision 09 shall make a declaration and report on all the premises and land which it currently manages and uses in order to carry out allocation or lease of land in accordance with the law on land; and the management and use of such premises and land shall be implemented in accordance with the law on land and shall not be subject to Decision 09 and the guidelines in this Circular; and units which are required by law to move due to environmental pollution in accordance with a decision of the authorized State body shall be subject to Decision 09 and the guidelines in this Circular.
(b) Any State company with a plan for conversion of ownership which was available but not yet approved by the authority on the effective date of Decision 09 shall be subject to Decision 09 and the guidelines in this Circular.
1.6 The following shall not be within the applicable entities and governing scope [of Decision 09 and shall not be] re-arranged or dealt with in accordance with Decision 09:
(a) Housing not owned by the State and [which is] currently leased or borrowed by any administrative body, professional unit, organization or State company.
(b) State owned housing and land of any unit [or] State company where the authorized State body has permitted the value of such premises or the land use right to be used as joint venture capital contribution in accordance with the law before the effective date of Decision 09; upon expiry of the duration of [or time-limit for] the joint venture capital contribution, [such housing and land] shall be rearranged and dealt with in accordance with Decision 09 and the guidelines in this Circular.
(c) Housing and land leased by any State company in an industrial zone, export processing zone, hi-tech zone or economic zone.
2. The following specific guidelines shall apply to the principles for re-arranging and dealing with premises and land managed and used by administrative bodies, professional units, organizations and State companies as set out in article 2 of Decision 09:
2.1. Administrative bodies, professional units, organizations and State companies shall carry out the re-arrangement of premises and land in accordance with the designated use purpose and in compliance with the land use zoning approved by the authority in order to ensure that [such premises and land] are used economically and effectively for the correct purpose in accordance with the stipulated standards and limits.
2.2. Heads of administrative bodies, professional units, organizations and State companies directly managing and using premises and land must make a declaration and report in accordance with Decision 09 and the guidelines in this Circular, and shall be liable for any use of such premises and land contrary to the regulations.
An administrative body, professional unit or organization must register the right to manage and use premises and land as its working office [or] as the establishment for its professional operation in accordance with Government regulations on management of State assets. The contents, order and procedures for registration of the right to manage and use a working office [or] an establishment for the professional operation shall be subject to article 7 of Decree 137/2006/ND-CP of the Government dated 14 November 2006 on delegation of State management of State assets at administrative bodies and public professional units, and assets for which State ownership is created (hereinafter referred to as Decree 137) and the guidelines in Circular 35/2007/TT-BTC of the Ministry of Finance dated 10 April 2007; any breach of the regulations on registration of the right to manage and use State assets shall be dealt with in accordance with the above-mentioned legal instruments.
2.3. Premises and land managed and used by administrative bodies, professional units, organizations and State companies shall be re-arranged and dealt with after ministries, ministerial equivalent bodies, Government bodies, other central bodies, State corporations in which the Prime Minister makes the decision on establishment, socio-political organizations, socio-political and occupational organizations, social organizations and socio-occupational organizations (hereinafter collectively referred to as central line bodies) or specialized bodies under provincial peoples committees, peoples committees of districts, cities or provincial towns, State companies or State corporations under provincial peoples committees (hereinafter collectively referred to as local line bodies) prepare and report a plan for re- arrangement and dealing with all premises and land under their management in the locality of each province and city under central authority.
Where any premises or land for which there is already a clear and effective plan for dealing with them need to be dealt with specifically, the Ministry of Finance shall make a decision to deal with such premises or land when they are under the management of a central authority, or the provincial people's committee shall make a decision to deal with such premises or land when they are under the management of a local authority on the basis of a proposal of the line body.
The method of dealing with such premises and land shall be subject to articles 5 and 6 of Decision 09.
3. The following specific guidelines shall apply to a plan for re-arranging and dealing with premises and land as set out in article 3 of Decision 09:
3.1 A plan for re-arranging and dealing with premises and land under central authority management as set out in article 3.1 of Decision 09 shall be prepared by [each] central line body in respect of all the premises and land of administrative bodies, professional units, organizations and State companies under its management within the locality of each province and city under central authority; and the following items shall be specified in the plan:
- Following each form [of the applicable entity]: administrative body, professional unit, organization, State company [and/or] State corporation;
- Following each item [of premises and land] proposed to be dealt with: recovery [of premises and land] because their use fails to comply with the regulations; delivery of a block being premises and land which was arranged for use as residential housing to the provincial people's committee of the locality in which such premises and land are situated for the latter to deal with in accordance with the regulations; moving households or individuals out of a block being premises and land; transferring [a block being premises and land]; selling assets on land [and] assigning the land use right; retaining [premises and land] to continue their use; converting land use purpose; moving due to environmental pollution in accordance with a decision of the authorized State body; and otherwise dealing with [premises and land] (if there is any such other case).
3.2 An economic organization required to move shall prepare a plan for moving as set out in article
3.2 of Decision 09 applicable to each block being premises and land required to move, and the plan shall contain the following basic items:
- Opinions of the Department of Natural Resources and Environment, the Department of Construction and the Department of Zoning and Architecture (in the case of any locality which has the latter department) on land use zoning or construction zoning in respect of premises and land currently used by the organization required to move;
- New location to which the office [or] the establishment for the professional operation [of the economic organization] will be moved; and the plan for and timing of such move;
- Other relevant documents (if any).
3.3 A plan for re-arranging and dealing with premises and land under local authority management as set out in article 3.3 of Decision 09 shall be prepared by [each] local line body in respect of all the premises and land of administrative bodies, professional units, organizations and State companies under its management within the locality of each district, city or provincial town; and the items specified in sub-clause 3.1 of this clause shall be specified in the plan.
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