Law on the sale and rental of state funds (21) for the year 2013"

Law on the sale and rental of state funds (21) for the year 2013"

This law has been uploaded to the gazette today, September 6, 2013:


Law on the sale and rental of state funds (21) for the year 2013


In Federal ,
Public funds

Article 23, first, if the tire shop it to pay instead of sales and expenses in the case of a sale and instead of rent and expenses in the case of rent, presents the money is transferred to the Highest recent palm of his hand before Nakl allowance which had been presented, if agreed to take it and pay the insurance legal according to Ratios

Specific allowance which was introduced by, ensures Nakl the decision of the Commission sale or rent, the difference between the allowances of Taminach, it did not stop the other it is his money, and fulfilled in accordance with the provisions of the Debt Collection Act-governmental organizations.

Secondly, if he refuses to Highest before Nakl taking money immovable allowance which had been introduced, فتجري bid again "for a period of (15) fifteen days" starting from the day following the publication of advertisement in the newspaper and ensures Nakl decision of the Commission on sale and rent difference between allowances and expenses of re-bidding and met so Taminach van did not stop, it is his money Other accordance with the provisions of the Government Debt Collection Law.

Third, if they do not get willing to buy the money is transferred in the case of a sale or a tenant in the case of rent ranks as insurance paid by Nakl revenue of "to the owner of the money is transferred van was less than expenses Almzaidtan ensures Nakl the difference between them and يستحصل of its assets in accordance with the provisions of the Law of the collection of government debt.

Fourth eat are not allowed to participate in the bidding that cause Nkolh in replay.

Article 24 set paging wages for two sale and rent state funds instructions issued by the Minister of Finance.


Part III

Sale and lease of immovable state funds without public auction

Chapter One

Sale of immovable property


Article 25 first may sell immovable property without public auction the decision of the competent minister or the head entity is related to the Ministry allowance appropriately assessed by the Commission appreciation and approval by the competent minister or head of the non-related to the Ministry to state departments and the public sector in the case of use of the property for the purposes of the official of the department .

Secondly, if residential real estate sales to government departments and public sector for the purpose of selling to its members in accordance with the laws in force shall be the sales allowance assessed by real appreciation committee and approved by the competent minister or the head of the non-related to the Ministry.

Third, the municipality competent after the approval of the Minister of Municipalities and Public Works and the Municipality of Baghdad sale of land allocated for housing allowance real at the discretion of an ad hoc committee and without public auction to the Iraqis who do not have them or their spouses or their children, minors house, apartment or land housing on the face of independence and did not have obtained residential units or residential piece of land from the state or cooperative societies Housing.


Fourth, the competent minister or the head of the non-related to the Ministry sale litter roads and waste resulting from any other source with spaces less than the limits set forth in the system of roads and buildings, the property owner adjacent to this crap is real and allowance without public auction.

Fifth on the beneficiary of the provisions of items (I) and (II) and (IV) of this Article shall pay instead of selling within a period not exceeding (90) days from the date of approval of appreciation and otherwise prepare the sale null and void.


Chapter II

Rent immovable


Article 26, first may rent immovable real allowance and without public auction by a decision of the competent minister or the head of the non-related to the Ministry or authorized by either of them to the following entities:

A employees of government departments and public sector for residential units owned by the state.

By government departments and public sector, trade unions and associations, organizations and associations for the purpose of exploiting the money is transferred or circuit-based lessor "for its business or its purpose stipulated in the laws.

C tenants of shops located in army barracks and warehouses, schools, hospitals and other military and tenants of the shops in government departments and public sector that have special circumstances require taking into account accuracy in Achtaaralamstager.

D property owners adjacent to the shores of the state-owned beaches if you want to hire them connected to them and have no way to pass only through this property.

E tenants of real estate devoted to the production of bread and الصمون after the expiration of the term of the lease first

And tenants of land to the owners of the fields and factories and stations built on them.

G private sector companies specialized communications systems of winning the holiday fundamentalism and contracting with the competent authorities for the purpose of the establishment of mobile Towers project and project rooms and wireless phone use rooms stations ((VSAT that are associated بالبدالات.

Secondly A authorizes the Secretary of Commerce authority to rent land held by furnaces and mills, garages and repair shops belonging to these facilities to people who dock their bid to sell those facilities.

B exception is rent land of Bid and identifies measures instead of rent in advance from the appreciation of the committee formed under Article (7) of the Act.

Third, a competent Minister or President of the non-related to the Ministry or authorized by any of them, at the request of the tenant, extend the term of a lease real estate non-residential, if the duration of the rent original of not more than (10) ten years and requires that not more than a decade, the original and the duration of extension (10) ten years.

B on the tenant a written request when his desire to extension by a period of not less than three (3) months from the expiration of the term of the original lease contract and otherwise forfeits his right to request an extension.

C Upon approval of the request for an extension impose an increase on the rent allowance named in the contract (10%) ten percent of the previous year's rent for the extension for each year of the extension according to the numerical sequence.

Article 27 of the Wizeralmalah at the request of the Ministry of Foreign Affairs and the approval of the Prime Minister, leasing state-owned land to foreign countries for the establishment of the headquarters of ممثلياتها political or consulate or for the purpose of establishing the role of housing them or offices Mlhakyatea for a period not exceeding the duration of rent allowed in the country of the other party allowance assessed by a special committee formed by the Minister of Finance or without allowance on condition of reciprocity.

Article 28 defines rent allowances immovable, of the appreciation of the committees, but not be considered these allowances definitive, but ratification by the competent minister or the head of the non-related to the Ministry or authorized by any of them, unless there is a legal provision to the contrary.


Part IV

Sale and Aejaramwal of state public bidding transmitted

Chapter One

Sale of movable

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Article 29, first estimated the value of money you want to sell from the appreciation of the committee formed in accordance with the provisions of Article (7) of this law with the exception of the representative of the Department of Real Estate Registration, tracking in estimating the value of the measures provided for in Article ([You must be registered and logged in to see this image.] of the Act, taking into account the nature of the money transferred .

Second, organized by the minutes of Committee "includes descriptions of the money transferred and the estimated value of sign of appreciation committee members and experts that they are, and ايعد This is strictly appreciation" only بتصديقه of the competent minister or the head of the non-related to the Ministry or authorized by any of them.

Article 30 The Committee on sales and rent the problem in accordance with the provisions of Article (9) of this law, sale of money transferred in accordance with the following procedures:

First organized list bid in the light of the descriptions of the money you want to sell it installed in the minutes of the Commission assessment, announces put money in a public auction for a period of not less than seven (7) days and not more than thirty (30) days "of the day following the publication of advertising in a daily newspaper published in Baghdad

And attached a copy of the announcement in the constituency, which holds sold, and the other in the shop for sale and the Commission may decide to publish other Ad means if it considers that the public interest requires it.

Second: The declaration must include all descriptions money to be sold and the day and date of Bid and then, and conditions of participation and the amount of insurance to be deposited and where they take place.

Third, prepare a list of open bid of the day following the publication of Advertising and wishing to participate in review of the relevant department to express their desire to purchase that filed them all insurance of not less than (20%) twenty percent of the appraised value for money Prior to participating in the bid.

Fourth advocated in the designated day for sale in the specified time and place, to participate in the bidding and the estimated value that the appeal includes a description of "full" of money to be sold.

Fifth being Bid publicly ", and then decide for sales committee assignment on the final price, is the presentation to Aizad it after five (5) minutes the end of the bid.

VI may annexation allowance Bid latter during the five (5) days from the date of assignment that not less than (15%) fifteen percent of the wildcard last no longer request annexation acceptable unless it pays demanded annexation Insurance legal rate (20%) twenty percent of the allowance, which was introduced, and then announce the opening of a new bid for seven (7) days starting from the day following the publication of announcement then take place after the assignment and can not be on the annexation rather than the last bid.

Article 31, first if it does not reach instead of selling public money outcome bid the appraised value of his appreciation of the committee, the bid will be extended for a period of (15) fifteen days "starting from the day following the publication of the announcement.

Secondly, money is sold in Bid second Balsaralve the Tersuallah if it was not the money that can be used in the manufacturing industries.

Third, if the Committee considered that selling price at which it docked Bid second to ايحقق public interest Bid will be extended for a period of (15) fifteen days "Other starting from the day following the publication of the announcement, funds are sold in the third bid at a price that anchored it.

Article 32 not be considered definitive assignment Alaptsidik competent minister or the head of the non-related to the Ministry or authorized by any of them.

Article 33 First If tire Highest latter which it docked bid for pay instead of full sales and expenses during the seven (7) days from the date of assignment peremptory, Sales presents money on the final price, which the palm of his hand before Nakl the allowance which had been presented, if agreed to take it and pay the legal insurance (20%) twenty percent of the allowance, ensures Nakl the decision of the Commission on sales and the difference between the rent allowances and met Taminach van did not stop, it is his money Other accordance with the provisions of the Debt Collection Act-governmental organizations.

Secondly, if he refuses to Highest before Nakl taking money Sales allowance which had been introduced فتجري bid again "for a period of (15) fifteen days" starting from the day following the publication of Advertising and ensures Nakl decision of the Commission on sale and rent difference between allowances and expenses Bid that tire them, and met so Taminach van did not stop, it is his money Other accordance with the provisions of the Government Debt Collection Law.

Third, if they do not get willing to buy the money transferred ranks as Insurance paid by Nakl the revenue to the owner of the money was less of Almzaidtan expenses ensures Nakl the teams and met his money according to the law of government debt collection.

Article 34 shall be transmitted sale of state funds without publication in the newspaper or without public auction and the estimated value of a decision of the competent minister or the head of the non-related to the Ministry or authorized by either of them in one of the following cases:

First to the government departments and the public sector.

Secondly, if the money were to be sold perishable or decreasing value.

Third, if the total estimated value of the funds to be sold to Max (500,000) five hundred thousand dinars.

Fourth, if the preservation and maintenance expenses to be sold the task is quite money for value.

Article -35 - The Committee on appreciation and the Commission on sale and rent two problems accordance with the provisions of Articles (7) and (9) of this Act, except the representative of Real Estate Registration Department estimate the value of money transferred and sold without a public auction, but ايعد decision appreciation or decision to sell categorically "but Ptsidikhma from the Minister concerned or the head entity not related to the Ministry or authorized by any of them.

Article 36 First Sales money being delivered after payment instead of selling expenses and longer categorically sales ", and need to be transferred within a period of buyer (15) fifteen days from the date of assignment peremptory.

Secondly, the competent minister or the head of the non-related to the Ministry or authorized by any of them grace the buyer for a period not exceeding thirty (30) days for the transfer of money if he found it necessary or excuse projects and the buyer bears storage fees for the period of grace.

Third, in the absence of transfer of money transferred after the time limit or period of grace Vtstopy him wages storage بنسة (1/2%), half of a percent of the allowance sales for each day of delay for a period of thirty (30) days, the over this period and has not the buyer to transfer money Chamber may announce to sell it again in accordance with the provisions of this law.

Fourth, in the event that the allowance Sales in the second bid is less than the allowance paid by the buyer is guaranteed the difference between the first storage allowances and wages earned, and met from the amount that had been paid, he did not stop the other it is his money according to the law of government debt collection.


Chapter II

Rent movable

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Article 37 shall be transmitted rent state funds if necessary, by a decision of the competent minister or the head of the non-related to the Ministry or authorized by any of them in accordance with the provisions of this law, has leased without announcement and without public auction to government departments and the public sector.

Article 38 specifies the rent allowance money transferred from the appreciation of the committees and not be considered peremptory these allowances Alaptsidik competent minister or the head of the non-related to the Ministry or authorized by any of them, unless there is a provision to the contrary.


Part V

Final Provisions


Article 39 If it ends the periods specified under this Act on a holiday official فتمدد to the next day from the day of official business.

Article -40 - the Council of Ministers to decide when necessary sale of state funds movable and immovable property or lease an exception to the procedures set forth in this law.

Article 41 excludes projects subject to the provisions of the Investment Law No. (13) of 2006, as amended, or any law replaced by the provisions of this law.

Article 42, first repealed law on the sale and rental of state funds (32) for the year 1986 and the remaining instructions issued pursuant thereto, including window does not conflict with the provisions of this law to while issuing Maihl the misplaced or cancel.

Secondly canceled decisions of the Revolutionary Command Council (defunct) the following:

A. No. (400) in the 7/6/1987.

No. (522) on 21.07.1987.

C number (832) on 28.10.1987.

Dr. No. (557) on 05.25.1988.

E number (681) on 02.08.1988.

And number (62) on 04.02.1990.

G (93) on 07.23.1994.

H (163) on 10.07.1998.

Article 43 of the Minister of Finance may issue instructions to facilitate the implementation of the provisions of this law.

Article 44 This law after thirty (30) days from the date of its publication in the Official Gazette.



The reasons

To secure keep up with the legal provisions governing the sale and lease state funds and public sector movable and immovable property of the variables of social and economic development that occurred after the entry into force of the Law of sale and lease state funds No. (32) for the year 1986 and to address what set apart by the practical application of the provisions of this law aspects of the imbalances and deficiencies and shortcomings, and to regulate the procedures for selling The rent for the money and accuracy in the drafting of its provisions and to reorganize the provisions relating to the sale of residential units to employees of state and retired them to ensure their rights and keeps them, and to reduce the phenomenon of exploitation that keep pace with measures rent shops belonging to the state annually, and put controls and restrictions governing the lease to ensure the interests of the public treasury and human tenants and the balance between them,

Initiated this law


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Law on the sale and rental of state funds (21) for the year 2013




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