The DECISION about reorganization, handle, State-owned land _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law of the land on November 26, 2003;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to Decree No. 14/1998/ND-CP of March 1998 by the Government on the management of State assets;
Pursuant to Decree No. 137/2006/ND-CP on November 14, 2006 of the Government regulating the decentralized governance for State properties in administrative agencies, the public, the property was established ownership of the State;
According to the recommendation of the Minister of finance.
DECIDED: chapter I GENERAL PROVISIONS article 1. The object and scope of application 1. This decision stipulates the reorganization, handling Office, active career base, manufacturing facilities, business (hereinafter referred to as home base, ground) delivery to the State-owned agency, unit, organisation management, use are: a) agencies, the public, , social-political organizations, social-political organizations, social organizations, social-professional organization (hereinafter referred to as administrative agencies, business units); The State Corporation, State-owned companies (hereinafter collectively referred to as the State company);
b) economic organizations (not including State-owned companies) have to relocate due to environmental pollution as determined by the competent State agencies (hereinafter referred to as the economic organization to relocate).
2. The Ministry of defence, the Ministry of public security pursuant to the provisions in this decision plans rearranged, handles home base, the land belonging to the range of local management of each province, the central city in the Prime Minister's decision after the opinion of the Ministry of finance and the provincial people's Committee , central cities (hereafter referred to collectively as the provincial people's Committee) where the home base, the land.
3. The Finance Committee-Central Administration made reorganization, handles home base, the soil in the scope of management in accordance with the provisions of the current law.
4. With regard to state-owned companies have been approved by the authorized schemes convert the property before the decision has effect shall not apply under the provisions of this decision but must still declare, report to comply with the provisions of the law of the land. The State company has options switch owned but not yet approved by the authority at the time the decision to this effect is to follow the provisions of this decision.
Article 2. Principle, handle home base, ground due to administrative agencies, business units, corporate governance, use 1. Agencies, business units, the company made its home base, the land according to the purpose of use is assigned, in accordance with the land use plan is approved by the authority to ensure the correct use of the purpose, saving, effective and standard norms rules.
2. The Heads of administrative departments, business units, the company direct State management, use of land, home base to make declaration, report under the provisions of this decision, be responsible before the law if using home base, the wrong land regulations.
3. The arrangement again, processing the home base, the land by administrative agencies, business units, corporate governance, use is made after the reported scheme, handle the home base, the land. Case it is necessary to organise, before processing the report option, the Ministry of Finance decided for administrative, business units, State companies under central management, provincial people's Committee decision for administrative, business units, the company in local state management.
4. Agencies, business units must register the control, using the Government's regulations on the management of State assets for the home base, the land was used as the headquarters of work, active career base after reordering, processed under the provisions of this decision.
Article 3. Set up and rearrange projects reports, handle the home base, ground 1. Ministries, ministerial agencies, government agencies, other agencies in the Central Government (hereinafter referred to as ministries), the State Corporation by the Prime Minister decided to rearrange the plans, process for the home base, the land by administrative agencies, business units the State company, in local management scope once the central cities, sending the Finance Ministry after the opinion of the provincial people's Committee (where the home base, ground). Scheme sort, handle was created for all the home base, the land of each type: agencies, business units, corporate State, State Corporation.
2. Economic organizations must relocate plans for each home base, the land to relocate.
3. Specialized agencies in the provincial people's Committee, the people's Committee at district level, State companies by the provincial people's Committee decided to set up, plans rearranged, handle the home base, the land by administrative agencies, business units and State-owned companies in the scope of delivery Management Department of finance evaluation report to the provincial people's Committee.
Chapter II SPECIFIC PROVISIONS, the PROCESSING FACILITY, by the LAND AGENCIES, BUSINESS UNITS, corporate GOVERNANCE, the USE of article 4. Rearrange the order, processing the home base, ground 1. Agencies, business units, the company direct State management, use the home base, the soil performs: a) reporting the full declaration, the right situation, the right to use the prescribed form;
b) propose treat each home base, the land on the basis of these principles, the method prescribed in article 2, article 5 and article 6 of this decision, industry reports, State Corporation by the Prime Minister decided to form (for agencies, business units the State company, under central management); report professional body in the provincial people's Committee (for agencies, business units, the State company in the provincial level management); report of the people's Committee at district level (for agencies, business units, corporate-level management in State).
2. Ministries, departments, State corporations by the Prime Minister decided to establish, specialized agencies in the provincial people's Committee, the people's Committee at district level: a) General, examine, consider and rearrange plans, handle the home base, land management domain;
b) Send Options, handle the home base, the soil profiles and related opinions of the provincial people's Committee (for agencies, business units, State companies under central management) or the Department of Finance (for agencies, business units the State company, in local management);
c) rearrange projects complete, handle the home base, the land on the basis of the opinion joined by the agencies specified in point b of this paragraph, with the relevant records sent the Ministry of Finance (for agencies, business units, State companies under central management); send the provincial people's Committee (for agencies, business units, the company in local state management).
3. rearrange the variant base, handle the home base, the land and related records, the Prime Minister, Finance Minister, heads the ministries, Chairman of the provincial people's Committee, representatives of the State company owners decided to handle for each specific case according to the jurisdiction rules in article 5 and article 6 of this decision.

4. The Ministry of Finance shall guide the methods of processing, the home base, the land, the order made and the Declaration form to report the home base, the land by administrative agencies, business units, the State company, management uses.
Article 5. The method and the Authority handled the home base, the land by administrative agencies, business units manage, use 1. For home base, the soil when the State revoked for use on defense purposes, security, national interests, public interests, economic development purposes in accordance with the law of the land, the compensation, resettlement and assistance made under the provisions of the law of the land.
2. for home base, the land use regulation: a) the case of vacant, then the provincial people's Committee decided to revoke (for agencies, business units in local management); the Finance Ministry proposed the decision or process the Prime Minister decided to revoke (for agencies, business units under central management) under the provisions of article 10 of Decree 138/2006/ND-CP on November 14, 2006 of the Government regulating the decentralized governance for State properties in administrative , business units, the property was established the State's ownership (hereinafter referred to as the Decree No. 137/2006/ND-CP);
b) case are entire or partial rental site (regardless of whether or not independent), agencies, business units have a home base, the land is leased to terminate the contract within a period of up to six (6) months from the date of this decision has the effect to use for your purposes; After this time limit that has not terminated the contract, the provincial people's Committee decided to revoke (for agencies, business units in local management); the Finance Ministry proposed the decision or process the Prime Minister decided to revoke (for agencies, business units under central management) under the provisions of article 10 of Decree 138/2006/ND-CP;
c) cases were arranged to do housing: the case has arranged accommodation before making decision No. 119/TTg dated 27 November 1992 by the Prime Minister on the housing rental price and put the money in the House on the salary in effect enforces that the land was arranged in the home is an independent campus or can separate from the campus; private; do not cover the façade; not affect the landscape around, space, administrative offices, business units do not have the need to use and suitable for land use planning in locally has been approved by the authority shall transfer to the provincial people's Committee (where the home base, ground) within the time limit prescribed by the Ministry of finance to handle according to the rules of the House in , land in the current.
The home layouts in no case on the heads of administrative departments, business units have to make relocating households, individuals out of the campus, home base of land within the time limit prescribed by the Ministry of finance. The compensation, support for families and individuals to relocate to follow provisions of current law.
d) The base use case, improper land provisions, the heads of administrative departments, business units responsible for handling to use provisions within the time limit prescribed by the Ministry of finance.
3. for home base, land made things move: a) the Prime Minister or the Minister of finance decides to move the home base, the land between the ministries; between local and central authorities with local under the provisions of article 11, Decree No. 137/2006/ND-CP;
b) heads of ministries decided to transfer the home base, the land between the agencies, the Department of the internal Ministry, range management as defined in article 11 of the Decree No. 137/2006/ND-CP;
c) Chairman provincial people's Committee decided to transfer the home base, the land between the agencies, the local management as defined in article 11 of the Decree No. 137/2006/ND-CP. Base case, local land management and are delegated to administrative agencies , business units under central use or hire the people's Committee Chairman granted the province decided to transfer the management rights, that land for the ministries under the provisions of article 11, Decree No. 137/2006/ND-CP. 4. For home base, land made to sell the property on the land, the land use right transfer: a) the sale of property on the land, the land use right transfer redundant or to relocate as planned due to the Prime Minister decided to home base, raw land prices according to bookkeeping from one hundred (100) billion or over , The Minister of finance decides for home base, raw land prices according to bookkeeping under one hundred (100) billion on the basis of recommendations of the heads of ministries; Chairman of the provincial people's Committee decided for the home base, the soil in the management scope as defined in article 12 of Decree 136/2006/ND-CP;
The case of the value of land use have yet to be identified and tracked on bookkeeping, the Department of finance, in collaboration with the local professional bodies (where the home base, land) valuation of land use under the provisions of article 5 of Decree No. 13/2006/ND-CP dated 24 January 2006 from the Government about the valuation of rights to use Earth to count the value of the property held by the State land is not land use charge (hereinafter referred to as the Decree No. 13/2006/ND-CP).
b) the sale of property on the land, the land use rights transfer executed in accordance with article 7 of this decision.
5. With regard to the home base, the land was used for your purposes, provisions, in accordance with the land use plan shall be retained to continue use as Office, active career base.
The heads of ministries decided to withhold further use (for agencies, business units under central management); Chairman of the provincial people's Committee decided to retain the continued use (for agencies, business units in local management) the home base, land zoning requirements building public office prescribed norms, standards, operational requirements and the tasks of each administrative , business units.
Article 6. The method and the Authority handled the home base, the land to the State by the company management, use 1. For home base, the soil when the State revoked for use on defense purposes, security, national interests, public interests, economic development purposes in accordance with the law of the land, the compensation, resettlement and assistance made under the provisions of the law of the land.
2. for home base, land use regulations shall follow the provisions in clause 2 article 5 of this decision.
3. for home base, land made to sell the property on the land, the land use right transfer:

a) selling the property on the land, the land use right transfer redundant or to relocate due to environmental pollution caused by the Prime Minister decided to home base, raw land property price on land and land use rights values from one hundred (100) billion, Finance Minister decided to home base raw land, property prices on the land and the value of land use under one hundred (100) billion on the basis of the proposal of the representative of the State company owners under central management; Chairman of the provincial people's Committee decided for the home base, the land belonging to the State by the company management according to local regulations of current legislation;
The case of the value of land use have yet to be identified and tracked on bookkeeping, the Department of finance, in collaboration with the local professional bodies (where the home base, land) valuation of land use under the provisions of article 5 of Decree No. 13/2006/ND-CP. b) the sale of property on the land the transfer of land use rights, comply with the provisions of article 7 of this decision.
4. for home base, land made the land use purpose: a) The transfer of the land use purpose only made to build offices, apartment buildings for sale or lease in accordance with the land use plan and only applies to the State company has a real estate business functions according to the provisions of the law;
b) Chairman provincial people's Committee decided to transfer the land use purpose for State companies under central and local management (including State-owned companies to relocate due to environmental pollution) under the provisions of the law of the land; particularly for State companies under central management must have the unanimous opinion by the Ministry of Finance before the decision;
c) land prices to collect money when transferring land use land use purposes by the Department of finance, in collaboration with the local professional bodies closely identified with the land use right transfer pricing practice in the market at the time of transfer of the land use purpose, the provincial people's Committee decision.
5. With regard to the home base, the land was used for your purposes, provisions, in accordance with the land use plan shall be retained to continue using as a basis the production business.
Represent company owners decided to retain State continued to use (for State companies under central management); Chairman of the provincial people's Committee decided to retain the continued use (for State companies in local management) the home base, land line with operational requirements, business and production functions, the mission under the Charter operations of each unit.
For the home base, the land was retained to continue using, State companies have to implement land rent or land allocated under the provisions of the law of the land.
Article 7. Made to sell the property on the land, the land use right transfer 1. The sale of property on the land, the transfer of land use rights of administrative agencies, business units, the company the State prescribed in clause 4 Article 5, paragraph 3 article 6 this decision is made through auction forms prescribed by the laws on auctioning.
2. the competent authorities decide to sell property on the land, the land use right transfer decided the sale, transfer in the form specified in the following cases:-only one organization or individual registered to buy property on the land, the assignee the right to use land;
-Organization or individual registered to buy property on the land, the transfer of land use right to use for the purpose of socializing in the fields of education, health, culture, fitness, sports.
Sale price of the property on the ground due to administrative agencies, business units, the company direct State management, use land, House Financial Agency suggested the same level of due diligence to ensure the remaining values match according to the actual reviews; transfer of land use rights by the Department of Finance identified closely with the land use right transfer pricing practice in the market at the time of the transfer. Chairman of the provincial people's Committee approval of the sale price of the property on the land, the transfer of land use rights in the event of sale, the conveyance specifies; the base case, the land under central management must have the opinion of the Ministry of finance for the sale price of the property on the ground.
Article 8. Manager, used proceeds from the sale of property on the land, the transfer of land use rights land use purpose 1. For agencies, business units: a) the proceeds from the sale of property on the land, the transfer of land use right after deducting related expenses must submit the State budget according to the provisions of the law on the State budget;
b) where administrative offices, business units have investment projects in construction, upgrading, renovating the Headquarters work to be approved by the authority shall be used the money obtained in point a of this paragraph to implement investment projects but does not exceed the amount collected.
The amount to make project to be submitted to the custody account in the State Treasury to grant the province (where the home base, soil) to implement the project according to the regulations on the management of capital construction in the State budget; The Ministry of finance do account holders for the organs, the central management units; Department of finance do account holders for agencies, local units management. The remaining amount (if any) after the implementation of projects defined in this score must submit the State budget according to the provisions of the law on the State budget.
2. for companies: a) the amount of the sale property on the land, the State company is used according to the current mode;
b) the proceeds from the transfer of land use right after deducting related expenses must submit the State budget according to the provisions of the law on the State budget;
The State company has a project to build, renovate, upgrade production facilities, business has been approved by the authority in accordance with the law on investment projects using the State budget, the Ministry of finance decision (for State companies under central management) The provincial people's Committee, decided after the people's Council at the same level for comments on general processing undertakings or the resolution delivered to the provincial people's Committee decision (State company for local management) level of support for State companies in the proceeds from the transfer of land use rights, but not exceed the estimation of the project the approved investment, levels of support are as follows:-not more than 50% of the proceeds to the home base, the land in the municipality is the city of special type or category I municipalities;
-Do not exceed 70% of the proceeds to the home base, the land in the province.
The amount to make project to be submitted to the custody account in the State Treasury to grant the province (where the home base, soil) to implement the project according to the regulations on the management of capital construction in the State budget; The Finance Ministry owns the account for State companies under central management; Department of finance do account holders for the company in the local State administration. The remaining amount (if any) after the implementation of projects defined in this score must submit the State budget according to the provisions of the law on the State budget.

c) the amount obtained when transferring the land use purpose prescribed in paragraph 4 to article 6 of this decision after deducting the relevant costs must be filed with the State budget.
The State company has a home base, the land to relocate due to environmental pollution but are competent State agencies for permission to transfer the land use purpose shall be based on the situation of local realities and the amount obtained when transferring land use purposes (corporate State) The provincial people's Committee, (where the home base, land) decides the level of support for State companies to implement investment projects have been approved by the authority after the people's Council at the same level for comments on general processing undertakings or the resolution delivered to the provincial people's Committee decision; particularly for State companies under central management must have the unanimous opinion by the Ministry of Finance before deciding and not exceed the estimation of investment projects are approved, the level of support is as follows:-not more than 50% of the proceeds for the home base land in the cities is the municipality of special type or category I municipalities;
-Do not exceed 70% of the proceeds to the home base, the land in the province.
The amount of support for investment projects to be paid into the account of custody at the provincial Treasury (where the home base, soil) to implement the project according to the regulations on the management of capital construction in the State budget and by the Department of finance do account holders. The remaining amount (if any) after the implementation of projects defined in this score must submit the State budget according to the provisions of the law on the State budget.
3. The Ministry of Finance shall guide the process, procedures and accounting currency, through the State budget the amounts of support to investment projects stipulated in paragraph 1, item 2 of this Article.
Chapter III SPECIFIC PROVISIONS THIS ARRANGEMENT AGAIN, PROCESSING the HOME BASE, the ECONOMIC ORGANIZATION of LAND to RELOCATE the management, USE of article 9. Order 1. Based on the decision of the competent State bodies and land use planning of the local economic organizations to relocate established process for home base, the land is using now to relocate due to environmental pollution and plans to move to a new location to send the Department of finance evaluation of the provincial people's Committee to consider decision.
2. provincial people's Committee decision on revocation of the land to use for other purposes in accordance with the law of the land or sell the property on the land, the transfer of land use right in the form of auction, transfer the land use purpose. Conditions for transfer of land use and land prices to collect money when transferring land use land use purpose made under the provisions of paragraph 4 to article 6 of this decision.
Article 10. Manager, used proceeds from the sale of property on the land, the transfer of land use rights land use purpose 1. Land use money earned when transferring land use purposes are filed with the State budget in accordance with the current legislation.
2. The proceeds from the sale of property on the land, the transfer of land use right for home base, the land of economic organizations must relocate (after subtracting the costs of joint organization has invested in the soil but not yet recovered, other costs related to the sale of property on the land , the transfer of land use rights) are supported for economic organizations must relocate. The specific level of support by the provincial people's Committee decided after the people's Council at the same level for comments on general processing undertakings or the resolution delivered to the provincial people's Committee decided not to exceed 30% of the proceeds and a maximum of no more than five (5) billion.
3. The Ministry of Finance shall guide the process, the procedures to allocate the amount of support for economic organizations must relocate the provisions in paragraph 2 of this Article.
Chapter IV IMPLEMENTATION article 11. Responsibility 1. Administrative agencies, business units, companies, economic organizations to relocate have the responsibility to conduct the review, inspection Declaration, reports the home base, ground, propose rearranging, handles home base, land and report the authority stipulated in this decision do not exceed six (6) months from the date of this decision to be enforceable.
2. Ministries, ministerial agencies, government agencies, other agencies in the Central Government, State corporations by the Prime Minister, decided to establish the provincial people's Committee has the responsibility: a) directing, urging the agencies, business units, companies, economic organizations to relocate in the scope of management made the decision;
b) in coordination with the Ministry of finance, provincial people's Committee made this decision, timely handle or process authority handled the difficulties and obstacles in implementation;
c) in collaboration with the competent authorities set up and rearrange projects reports, handle the home base, the soil under the provisions do not exceed six (6) months from the date of the bodies, the unit, the Organization completed a report as prescribed in paragraph 1 of this article;
d) processing decisions or reports the Agency has the authority to handle the home base, the soil under the provisions;
DD) base decided to withdraw, transfer, sell property on the land, the transfer of land use rights land use purposes, retain the use of the authority specified in this decision, the provincial people's Committee to implement state management for the land of the home base that land, as prescribed by the law of the land.
3. The Heads of administrative departments, business units, representing owners of the companies do not comply to the provisions of this decision shall, depending on the nature and extent of the violation being disciplined or prejudice criminal liability; If the damage to the State, then, in addition to being handled according to regulations have to compensation under the provisions of the law practice of saving, against waste.
The case Agency, not declaring the report, does not perform process were competent to decide then according to the nature and extent of the violation that the Agency, the unit that are not State bodies have the authority to approve the decision to invest, renovate, upgrade their working headquarters , The State Treasury is allowed to stop funding investment, renovate, upgrade their working headquarters for the home base, the soil in breach; at the same time the agency heads, the unit dealt with according to the rules.
The Ministers, heads of ministerial agencies, heads of government agencies, other central agencies, the Chairman of the Board Of the company by the State Government decided to set up a people's Committee Chairman, granted the province does not fulfill the responsibilities prescribed in clause 2 of this is responsible to the Prime Minister.
4. The Ministry of finance is responsible for: a) presiding, in cooperation with the ministries, the provincial people's Committee and the relevant agency Guide, examine the implementation of this decision, the General reported the Prime Minister;
b) specific guidelines the accounting, recorded an increase, reduction of capital, assets, management procedures through the budget for the agencies, the State company, when rearranged, processed according to the provisions of this decision.
Article 12. Terms of implementation 1. This decision has the effect after 15 days from the date The report.

Annuls decision No 80/2001/QĐ-TTg dated 24 May 2001 of the Prime Minister about the handling, rearrange, State-owned land on the Ho Chi Minh City, decision No. 111/2002/QD-TTg dated 21 August 2002 on revising, supplementing decision No 80/2001/QD-TTg of the Prime Minister , Decision No. 167/QD-TTg dated April 13, 2004 2nd Prime about using money to sell your property, transfer of land use right when relocating to the investment project of Vietnam textile and garment Corporation, decision No 74/2005/QD-TTg dated April 6, 2005 by the Prime Minister on the use of money transfer of land use right , sales of factory and other buildings when the economic organization to relocate its headquarters, manufacturing facilities, business planning and other provisions contrary to this decision.
2. for the home base, the soil was the State Agency has the authority to decide compensation, support, transfer of land use rights land use purposes before the decision to this effect is made according to the options that had been granted authority to decide , do not apply or adjust according to the provisions of this decision.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the Board Of the company by the State Government decided to set up, the President of the people's Committee of the central cities, and heads of other concerned agencies responsible for the implementation of this decision.