Interpretation of "Military Vacant Property Lease Management Regulations"
The newly revised Regulations of the General Political Department and the General Logistics Department on the Management of Idle Real Estate Leasing in the Army was promulgated. To this end, the reporter interviewed the leaders of relevant departments of the General Logistics Department.
Q: Why do you want to amend the Regulations on the Administration of Military Vacant Property Lease?
A: The Regulations on the Management of Idle Real Estate Lease in the Army is the legal basis for guiding all military units to carry out idle real estate lease. The current Military Vacant Property Lease Management Regulations was promulgated by the General Logistics Department in 2002. With the development of the new situation, there are some new situations and problems in the work of renting vacant real estate. In order to implement the spirit of the instructions of the Military Commission and the head of the headquarters and ensure the legal and standardized implementation of the leasing work, we, together with the relevant departments of the General Political Department, decided to amend the original "Regulations" to further strengthen and improve the management of the army's idle real estate leasing.
Q: What are the main contents of the revision of the regulations?
A: The new regulations further improve the management system, adjust the examination and approval authority, improve the way of issuing certificates and strengthen safety management. In terms of management system, while adhering to the four systems of grading examination and approval of lease items, lease license, lease contract review and annual inspection, two systems of annual lease report and issuing certificates after payment of military units have been added. In the aspect of lease project approval, the original two-level approval of the General Logistics Department and the military unit logistics (joint logistics) organ was adjusted to the four-level approval of the General Logistics Department, the military unit logistics (joint logistics) organ and the military unit real estate management bureau (office). In the aspect of lease license issuance, it was originally issued by the real estate management bureau (office) of military units, and it was adjusted to be issued by the real estate management bureau of China People's Liberation Army and the real estate management bureau (office) of military units, and the system of issuing licenses after paying fees was implemented. The lease permit for Beijing units shall be uniformly issued by the Real Estate Administration of China People's Liberation Army. In the aspect of lease safety management, the measures and methods of lease safety management are standardized, and it is clearly required to bring lease safety management into the scope of unit safety management, which improves the status of lease safety work.
Q: What consciousness should be established in implementing the Regulations?
A: First of all, we must establish the awareness of carrying out leasing work according to law. All units at all levels should implement the laws and regulations on leasing work in an exemplary manner, so that the army's spare real estate leasing work can stand the inspection and supervision of the state, local governments and relevant military departments. Secondly, we should establish the consciousness of paying attention to improving the macro-benefit of leasing policy. Adopting the lease permit system and the system of paying fees first and then issuing certificates will help to concentrate scattered financial resources, alleviate the contradiction between supply and demand of military infrastructure barracks, improve the comprehensive support ability, and truly play the role of leasing in serving the construction of infrastructure barracks. Third, we should strengthen the sense of safety responsibility in leasing work. All units at all levels should strengthen the awareness of safety responsibility in leasing work, strengthen inspection and supervision, prevent criminals from using idle military properties for criminal activities, strictly regulate the management and use of leasing income, prevent safety accidents in leased premises, and ensure the political, military, economic and social security of leasing work.
Q: What steps should be taken to implement these regulations?
A: First, we must do a good job in the approval process. Grasping the examination and approval link, the core is to emphasize who is responsible for the examination and approval. Management departments at all levels must conscientiously perform their duties, increase the intensity of audit work, and strictly control the scope, purpose and contract of lease. The second is to do a good job in issuing lease licenses. The Military Real Estate Lease License is the legal evidence for carrying out the lease work, and it is also a necessary condition for the military to enjoy the tax exemption policy and the lessee to apply for the industrial and commercial business license. Grasping the issuance of lease permits, the main purpose is to master the lease items and further strengthen the management of lease work. The third is to do a good job in supervision. It is necessary to implement the policy of strictly administering the army, give full play to the role of the coordination mechanism between the army and the land, do a good job in regular supervision and inspection, find out hell to pay's violations, and effectively standardize the order of military real estate leasing.
Q: What are the requirements of the newly revised Regulations on the scope, use and contract of lease?
A: To carry out leasing activities by using military idle real estate, we must strictly control the scope and use of leasing. Leaseable real estate mainly includes existing standby barracks, sites and ancillary facilities and equipment. Other idle properties that affect military security, in the military administrative zone, do not meet the safety standards of fire control, sanitation and epidemic prevention, and are classified as dangerous buildings and facilities, and their ownership is disputed, which are illegal buildings, and the state and the army prohibit renting them. , shall not be rented. The rented military spare real estate is mainly used for office, commerce, catering, scientific research, culture, welfare and other undertakings. Among them, the whole vacant property can also be used for enterprise production, teaching, warehousing, planting and breeding projects. When signing the contract, the lessee and the lessee should strictly abide by some special requirements of the army while following the relevant laws and regulations of the state: First, they must use the model military real estate lease contract uniformly printed by the Real Estate Administration Bureau of China People's Liberation Army, and shall not change the relevant terms without authorization. Second, the additional clauses of the contract must also strictly follow the relevant requirements of the Regulations. Third, the military real estate lease contract initialled by both parties must be submitted to the military real estate management department for approval in accordance with relevant regulations before it can take effect.
Q: What adjustments have been made to the unit lease management mechanism in Beijing this time?
A: The newly revised "Regulations" and two notices on strengthening the lease management of vacant real estate of troops stationed in Beijing have focused on adjusting the lease management mechanism of troops stationed in Beijing. Its main contents are as follows: First, the right to examine and approve the leased project is separated from the right to issue the license, and the leased project is examined and approved according to the prescribed authority, and the leased license is uniformly issued by the China People's Liberation Army Real Estate Administration. The second is to implement the system of paying fees first and then issuing certificates, and the lease project can only receive the lease license after paying the lease funds according to the prescribed proportion. The third is to set up a special account to collect the lease funds paid by units in Beijing, and to reform the way that large units pay funds according to logistics and financial supply channels. Fourth, the system of joint supervision and inspection of military-civilian cooperation and military-civilian departments has been improved, information resources have been shared with Beijing industrial and commercial departments and taxation departments, leasing has been controlled in advance, and rectification has been carried out in post supervision.