DECREE
99/2015/ND-CP
October
20, 2015
ON
GUIDELINES FOR THE LAW ON HOUSING
Pursuant to the Law on Government
organization dated December 25, 2001;
Pursuant to the Law on Housing dated
November 25, 2014;
At the request of the Minister of
Construction,
The Government promulgates a Decree on
guidelines for the law on housing.
Chapter
I. GENERAL
PROVISIONS
Article 1. Scope
1. This Decree provides guidelines for
ownership, development, management and use of housing; housing-related
transactions; and the roles of regulatory agencies in housing in Vietnam
prescribed in the Law on Housing No. 65/2014/QH13 (hereinafter referred to as
the Law on Housing).
2. The guidelines for social housing
development; management and use of non-state-owned social housing; renovation
and reconstruction of apartment buildings; construction, management and use of
communication system of housing; sale, lease, and lease-purchase of commercial
housing conducted by real estate enterprises or cooperatives; inspection and
penalties for administrative violations in the field of housing shall be
prescribed in other Decrees of the Government.
Article 2. Regulated entities
1. Domestic organizations, households,
individuals, Vietnamese citizens residing overseas, foreign organizations and
individuals involved in ownership, development, management, use, and
transaction of housing in Vietnam.
2. Housing authorities.
Article 3. Local housing development
programs/plans
1. People’s Committees of
central-affiliated cities and provinces (hereinafter referred to as provinces)
are responsible for formulating and implementing local housing development
programs/plans according to Article 15 and Article 169 of the Law on Housing.
2. Content of 5-year, 10-year, or
longer local housing development programs (hereinafter referred to as long-term
housing development program):
a) Evaluation of various types of
houses (detached houses, apartment buildings), housing of local entities
mentioned in Article 49 of the Law on Housing;
b) Analysis of result, drawbacks, causes,
difficulties in housing development and management, land-use planning, and
construction planning related to local housing development;
c) Demands for housing (quantity,
categories, total construction area); demand for land area for housing of each
area in the province, including demand for housing of entities that need
support for housing improvement prescribed in Article 49 of the Law on Housing;
demand for capital (state budget and other sources) to invest in housing
construction.
dd) Criteria for housing development
(housing area per capita; minimum floor area, quantity and floor area of new
housing of each type, quality of urban and rural housing);
dd) Relation between housing
development and urban development requirements in urban area;
e) Solutions for implementing the
program, including specific polices on housing introduced by local governments,
construction planning, allocation of land, and methods of investment in
construction of housing, technological solutions for reduction of building costs,
capital sources, incentives in terms of finance, land, plans for implementation
of policies on social housing prescribed in Article 49 of the Law on Housing;
g) Progress of the program and
responsibility of local agencies;
h) Relevant contents.
3. Content of 5-year and annual local
housing development programs (hereinafter referred to as short-term housing
development plan):
a) Locations, areas of housing
development; quantity of housing construction projects; quantity of housing,
total floor area that need investment, 5-year and annual plans must be
specified;
b) Ratio of each type of housing
(detaches houses, apartment buildings) that need investment; quantity, floor
area of social housing that need investment every year and the next 5 years;
floor area of social housing for lease must be specified;
c) Expected housing area per capital in
urban areas, rural areas, and in the whole province; minimum housing area;
d) Land area for construction various
types of housing (commercial housing, social housing, relocation housing,
official residence) every year and the next 5 years; methods of investment in
housing construction;
dd) Sources of capital for development
of housing; execution time of annual and 5-year plans
e) Methods of implementation and
responsibility of relevant local authorities for implementation the housing
development plan;
g) Relevant contents.
4. The People’s Committee of the
province must evaluate the implementation of the program/plan and make
necessary revisions at the middle and at the end of each period.
In case the National Housing
Development Strategy or local socio-economic development planning is revised,
the People’s Committee of the province must revise the housing development
program and submit it to the People’s Council for approval before ratification
as prescribed in Article 169 of the Law on Housing.
5. The criteria of the housing
development program, including housing area per capital, minimum housing area,
housing quantity, total floor area of new housing, quality of housing in urban
and rural areas, must be included in the local socio-economic development tasks
and be evaluated when such tasks are evaluated.
Article 4. Procedures for formulating
local housing development programs/plans
1. Procedures for formulating long-term
housing development program of each province:
a) The Department of Construction of
the province shall prepare outlines of the housing development program,
including the program content, cost estimate, and plan for hiring consultancy
unit, then submit the outlines to the People’s Committee of the province for
approval;
b) After the outlines are approved by
the People’s Committee of the province, the provincial Department of
Construction shall directly or hire a consultancy unit experienced in
formulating housing development program to cooperate with relevant entities in
the province and the People’s Committees of districts in the province to
survey, draft the program, and report to the People’s Committee of the
province;
c) After the People’s Committee of the province
offers its opinion about the draft program, the Department of Construction
shall complete the draft and submit it to the People’s Committee of the
province. Then the People’s Committee of the province shall submit it to the
People’s Council of the same province for ratification. The People’s Committees
of central-affiliated cities must consult with the Ministry of Construction
before submitting the draft program to the People’s Councils of the same
provinces for ratification;
d) The People’s Council of the province
shall consider ratifying the local housing development program. After the
program is ratified by the People’s Councils of provinces, the People’s
Committee of the province shall approve and organize the implementation of the
program.
2. Procedures for formulating long-term
housing development program of each province:
a) Based on the local housing
development program approved by the People’s Committee of the province, the
Department of Construction shall directly or hire a capable consultancy unit to
cooperate with relevant agencies in the province in formulating short-term
housing development plans, then submit them to the People’s Committee of the
province for approval. The People’s Committees of districts and relevant
agencies in the province have the responsibility to provide information about
housing at the request of the Department of Construction, cooperate with the
Department of Construction and the consulting unit in formulating the housing
development plan.
If the plan contains regulations on use
of state budget for housing development, the People’s Committee of the province
must consult with the People’s Council of the same province about the plan for
using budget before granting an approval;
b) Based on the housing development plan
of the Department of Construction, the People’s Committee of the province shall
consider approving it and organize its implementation.
The People’s Committee of the province
must approve the annual housing development plan before December 31 of the year
preceding the planned year, and approve the 5-year housing development plan
before December 31 of the last year of the period.
3. After the housing development
program and plans are approved, the People’s Committee of the province must
post them on its website and the website of the Department of Construction,
provide funding from local budget to formulate housing development programs and
plans in accordance with this Decree.
The Ministry of Construction shall
provide guidance on funding for formulating local housing development programs
and plans.
Chapter
II. HOUSE
OWNERSHIP
Article 5. Documents proving eligible
house owners
1. Every domestic organization,
household, or individual that applies for the Certificate of rights to use
land, ownership of land and property on land (hereinafter referred to as
Certificate) must submit ID documents according to regulations on issuance of
certificates.
2. The applicant being a Vietnamese
citizen residing overseas must submit the following documents:
a) An unexpired Vietnamese passport
that bears the entry seal of a Vietnam’s immigration authority; or
b) An unexpired foreign passport that
bears the entry seal of a Vietnam’s immigration authority together with
documents proving the Vietnamese nationality or Vietnamese heritage issued by
the Department of Justice of a province, an overseas Vietnam’s diplomatic
mission, or an authority in charge of management of overseas Vietnamese
citizens, or other documents prescribed by Vietnam’s law.
3. The applicant being a foreign organization
or individual must submit documents proving their eligibility according to
Article 74 of this Decree. In case a foreign individual submits documents
proving his/her Vietnamese heritage, he/she has to choose between policies
applied to Vietnamese citizens residing overseas and policies applied to
foreigners to determine his/her house ownership in Vietnam.
Article 6. Issuance of Certificate to
house owner
1. Every domestic organization,
household, individual, overseas Vietnamese citizens, foreign organization and
individual that has documents proving the lawful establishment of housing as
prescribed by the Law on Housing, regulations of law on real estate trading,
and relevant regulations of law (including housing invested under construction
planning approved by competent authorities in the projects mentioned in Clause
2 Article 17 of the Law on Housing), and documents proving their eligibility to
own housing prescribed in Article 5 of this Article shall be granted the
Certificate of ownership of such house.
In case a Vietnamese citizen residing
overseas is not allowed to enter Vietnam and receives or inherits housing in
Vietnam, he/she will not have the house ownership recognized and has to follow
the regulations in Clause 2 through 5 of Article 78 of this Decree.
2. With regard to detached houses with
two stories or more, each of which has two separate apartments or more (with
separate rooms, kitchens, bathrooms), the floor area of each apartment is 30 m2
or larger, and the house satisfy conditions of apartment buildings prescribed
in Clause 2 Article 46 of the Law on Housing, each apartment will be granted a
separate Certificate. In case the owner sells, lease under a lease-purchase
agreement, gift, or bequeath his/her apartment to another organization,
household, or individual that is eligible to own housing in Vietnam, the land
use right associated with this housing shall be shared by the entities that
have purchased, leased under a lease-purchase agreement, received, or inherited
the apartments.
3. Apart from the information on the
Certificate prescribed by regulations of law on land, the Certificate issuer
must write the following information:
a) Information about the house
prescribed in Clause 3 Article 9 of the Law on Housing;
b) Duration of house ownership, the
right to sell, gift, bequeath, contribute the house as capital of the buyer
according to the time-limited house purchase contract in the case mentioned in
Article 123 of the Law on Housing, or duration of house ownership of the
foreign organization or individual in Vietnam according to Article 161 of the
Law on Housing, Article 7 and Article 77 of this Decree;
c) In case of purchase of social
housing prescribed in Clause 4 and Clause 5 Article 62 of the Law on Housing,
the time limit for the owner to sell such social housing must be specified.
4. Procedures for issuing the
Certificate to the owner must comply with regulations of law on land. The
investor in the housing construction project has the responsibility to follow
procedures for obtaining the Certificates for buyers and buyers/tenants of
housing. In case a buyer or buyer/tenant wishes to follow the procedures
themselves, the investor must provide documents related to the house to the
buyer or buyer/tenant.
Article 7. House ownership duration
1. In case of limited house ownership
duration prescribed in Article 123 of the Law on Housing, the seller and the
buyer shall reach an agreement on the period of time over which the buyer owns
the house, rights and obligations of the buyer during the house ownership
period; responsibility to register and obtain the Certificate for the buyer;
the handover of the house associated with land use right after the ownership
period expires; disposal of the Certificate after the ownership period expires,
and responsibility of the parties for execution of the house purchase contract.
During the house ownership period, the buyer will be granted a Certificate of
such house by revoking the seller’ Certificate and granting it to the buyer, or
write information on page 3 of the seller’s Certificate and give it to the
buyer.
In this case, the buyer and the seller
shall reach an agreement that if the buyer is entitled to sell, gift, bequeath,
or contribute the house as capital during the house ownership period, then the
buyer, recipient, inheritor only owns the house for the period that was agreed
by the initial buyer and the initial owner.
2. The foreign organizations mentioned
in Point b Clause 1 Article 159 of the Law on Housing may own a quantity of
housing not exceeding the limit written on their investment registration
certificates. When the house ownership period written on the Certificate
expires, if the owner wishes to have this period extended, the State shall
consider granting an extension according to Article 77 of this Decree. If the
investment registration certificate has an indefinite term, the Certificate
granted to the owner will also have an indefinite term.
Clause 1 Article 8 of this Decree shall
apply to the case a foreign organization goes bankrupt, is dissolved or shut
down before the term of home-ownership expires, or has its certificate of
investment or license to operate in Vietnam revoked by Vietnam’s government.
During the house ownership period, if the foreign organization is converted
into a domestic organization through acquisition or capital transfer, it may
acquire a long-term house ownership.
3. Foreigners mentioned in Point c
Clause 1 Article 159 of the Law on Housing may own housing for up to 50 years
from the date of issue of the Certificate. When the house ownership period
written on the Certificate expires, if the owner wishes to have this period
extended, the State shall consider granting an extension according to Article
77 of this Decree.
4. In case the foreign organization or
individual sells or offers the house before the expiration of the ownership
period, the buyer or recipient may own the house as follows:
a) If the house is sold or gifted to a
domestic organization, household, individual, or a Vietnamese citizen residing
overseas, the buyer or recipient will acquire a long-term ownership of the
house;
b) If the house is sold to a foreign
organization or individual eligible to own housing in Vietnam, the buyer or
recipient may own the house for the remaining period. When this period expires,
if the owner wishes to have this period extended, the State shall consider
granting an extension according to Article 77 of this Decree.
c) The seller or giver must pay tax and
other amounts to state budget as prescribed by Vietnam’s law.
Article 8. Expiration of house
ownership period
1. Upon the expiration of the house
ownership period as agreed between the initial buyer and seller prescribed in
Clause 1 Article 7 of this Decree, the house ownership and land use right shall
be settled as agreed by both parties in the initial house purchase contract. If
such agreement does not exist, the house ownership and land use right shall be
transferred to the initial owner or his/her legal inheritor.
If the initial owner is an organization
that goes bankrupt, is dissolved, or shut down, its housing shall be dealt with
in accordance with regulations of law on bankruptcy, dissolution, or shutdown,
and the house ownership shall be transferred to an eligible organization or
individual as prescribed by regulations of law on bankruptcy, dissolution, or
shutdown. While the house owner is being determined, the organization or
individual managing the house shall keep managing it and must not sell, lease
under a lease-purchase agreement, offer, bequeath, pledge, or contribute the
house as capital. The house shall be transferred within 03 months from the day
on which its owner is determined.
In case a foreign organization has its
investment registration certificate or license to operate in Vietnam revoked by
Vietnam’s government, the owner must sell or offer the house to an entity
eligible to own housing in Vietnam.
2. In case the initial buyer and seller
mentioned in Clause 1 Article 7 of this Decree does not have an agreement on
disposal of the Certificate upon the expiration of the house ownership period,
the issuer of the Certificate shall revoke it from the current owner and issue
it to the initial owner as prescribed in Clause 1 of this Article. If the
Certificate cannot be retrieved, the issuer shall issue a decision to annul the
Certificated issued to the current owner and reissue it to the initial owner.
Procedures for issuing the Certificate shall comply with regulations of law on
land.
3. Before the expiration of the house
ownership period prescribed in Clause 2 and Clause 3 Article 7 of this Decree
(including extended period prescribed in Article 77 of this Decree), the
foreign organization or individual may directly or authorize another
organization or individual to exercise their right to sell or gift the owner
under their lawful ownership as prescribed in Clause 4 Article 7 of this
Decree. If the foreign organization or individual fails to sell or offer the
house by the deadline, such house shall be passed into public ownership. The
Department of Construction shall request the People’s Committee of the province
where the house is located to issue a decision on establishment of public
ownership, expropriate the house, use it, sell it, or lease it out in
accordance with regulations on management of state-owned houses.
In case a foreign individual is
expelled from Vietnam or a foreign organization is forced to stop operating in
Vietnam by a competent authority of Vietnam because illegal use of housing
under their ownership, the house shall be dealt with under a decision of a
competent authority of Vietnam.
Chapter
III. bHOUSING
DEVELOPMENT
Section
1: HOUSING CONTRUCTION PROJECT
Article 9. Deciding or approving
investment policies of housing construction project
1. Before planning a housing
construction project prescribed in Clause 2 Article 17 of the Law on Housing,
the investor must follow procedures to obtain a decision on or approval for
investment policies as prescribed by this Decree.
2. If the housing construction is
invested by the capital sources prescribed in Clause 3 Article 36 and Clause 1
Article 53 of the Law on Housing, documents, procedures, and the power to
decide investment policies shall comply with the Law on Public Investment. The
appraising authority must consult with the Ministry of Construction if the
project is funded by central government budget, with the Department of
Construction of the province where project is located if the project is funded
by provincial government budget.
If the Minister of Construction decides
the investment policies of the housing construction project as prescribed by
the Law on Public Investment, the Ministry of Construction shall appraise the
project before issuing the decision.
3. In case of investment in housing
that does not belong to the projects prescribed in Clause 2 of this Article but
belong to projects prescribed in Point a Clause 1, Clause 2 Article 31, and
Point a Clause 1, Clause 2 Article 32 of the Law on Investment, documents,
procedures, and the power to decide investment policies shall comply with the
Law on Investment. The appraising authority must consult with the Ministry of
Construction if the investment policies are decided by the Prime Minister, with
the Department of Construction of the province where project is located if the
investment policies are decided by the People’s Committee of the province.
4. With regard to construction of
housing other than that mentioned in Clause 2 and Clause 3 of this Article,
investment policies must be sent to the Ministry of Construction for appraisal
and submitted to the Prime Minister for approval in the following cases:
a) The project uses an area of 100
hectares or larger, or less than 100 hectares but has 2,500 houses or more
(including villas, detached houses, apartments) in non-urban area;
b) The project uses an 50 hectares or
larger, or less than 50 hectares but has 2,500 houses or more in an urban area;
c) The project is located in multiple
provinces regardless of land area.
5. With regard to construction of
housing other than that mentioned in Clause 2, Clause 3, and Clause 4 of this
Article, the People’s Committee of the province must consult with the People’s
Council of the same province before approving the investment policies in the
following cases:
a) The project’s area is from 20
hectares to less than 100 hectares and has fewer than 2,500 houses in a
non-urban area;
b) The project’s area is from 10
hectares to less than 50 hectares and has fewer than 2,500 houses in a
non-urban area;
c) The project is located in an area
where development is restricted or a historical urban area (according to
planning schemes) of special-class urban areas, regardless of land area of the
project.
6. In cases other than those mentioned
in Clause 2 through 5 of this Article, investment policies are subject to
approval by the People’s Committee of the province.
Article 10. Documents and procedures
deciding or approving investment policies of housing construction project
1. In the cases mentioned in Clause 2
and Clause 3 Article 9 of this Decree, apart from the contents subject to
approval prescribed by regulations of law on public investment and investment,
the following information must be added:
a) Area for growing paddy, protective
forests, specialized forests to be repurposed serving the housing construction
project (if any);
b) Ratio and quantity of housing types
(apartments, villas, detached houses); total floor area of housing;
c) Construction of technical, social
infrastructure, public parking area and parking area for households and
individuals residing in the project area;
d) Land area dedicated to construction
of social housing and housing for lease prescribed by the Law on Housing; plan
for management or transfer of infrastructural works of the project to the local
government after the construction in complete;
dd) Responsibility of the local
government and investor for execution of the project and construction of social
infrastructure, unless social infrastructure is already available in the
project area.
2. In the cases mentioned in Clause 4
through 6 Article 9 of this Decree, the application for approval for investment
policies consists of:
a) Legal documents of the unit assigned
as investor, including documents licensing real estate trading, documents
proving their legal status, financial capacity, experience. If no investor is
chosen, it is required to report the method of investor selection and
conditions for being selected as an investor;
b) A written request for approval of
the investment policies of the housing construction project which specifies the
legal basis and contents that need approving as prescribed in Clause 2 Article
11 of this Decree; reasons for requesting approval, and documents proving the
conformity with the project with the approved local housing development
program/plan;
c) The decision to approve the planning
enclosed with a detailed drawing of the area where the project is located which
is approved by a competent authority;
d) Contents of the approved local
housing development program/plan related to the execution of the project.
3. Procedures for approving investment
policies of a housing construction project prescribed in Clause 4 through 6
Article 9 of this Decree:
a) In the case mentioned in Clause 4
Article 9 of this Decree, the Department of Construction shall send documents
to the People’s Committee of the province for it to request the Ministry of
Construction to appraise the project. If the project uses land for growing
paddy, protective forests, or special forest, the People’s Committee of the
province must also consult with the Ministry of Natural Resources and
Environment. After appraising, the Ministry of Construction shall request the
Prime Minister to grant approval for the investment policies.
The time limit for appraising the
project and requesting the Prime Minister to approve the investment policies is
30 days from the day on which the Ministry of Construction receives sufficient
documents from the People’s Committee of the province. The time limit for the
Ministry of Natural Resources and Environment to offer its opinions (if any) is
15 days from the day on which satisfactory documents are received;
b) In the case mentioned in Clause 5
Article 9 of this Decree, the Department of Construction shall send documents
to the People’s Committee of the province for it to consult with the People’s
Council of the same province before approving investment policies;
c) In the case mentioned in Clause 6
Article 9 of this Decree, the Department of Construction shall appraise the
project and send a request to the People’s Committee of the province for
issuance of a written approval for investment policies.
4. After investment policies are
decided or a written approval for investment policies of the housing
construction project is granted by a competent authority, the People’s
Committee of the province shall direct the investment preparation and project
execution as prescribed by law.
Article 11. Contents of the decision on
investment policies or approval for investment policies
1. In the cases mentioned in Clause 2
and Clause 3 Article 9 of this Decree, apart from the contents subject to
approval prescribed by the Law on Public Investment, the Law on Investment, the
competent authority must also decide the project’s name as prescribed in Point
a Clause 2 and Clause 1 Article 10 of this Decree.
2. In the cases mentioned in Clause 4
through 6 Article 9 of this Decree, the written approval for investment
policies shall contain:
a) The project’s name in Vietnamese
language. If the investor in a commercial housing construction project wishes
to give it a foreign name, the Vietnamese name must be written first and the
name in foreign language later;
b) The investor’s name (if selected);
c) Location, boundary, land area of the
project; area for growing padding, protection forests, specialized forests
converted to be used for the project (if any);
d) Purposes of the project; investment
method;
dd) Primary contents of the project
(tasks, quantity of each type of housing to be built; total floor area,
execution plan);
e) Total investment; capital sources;
g) Methods of allocating land, leasing
out land, transferring land use right (if any); land area for building social
housing, housing for lease; compulsory floor area of housing for lease;
h) Infrastructural works under the
management of the investor or transferred to the State after the construction
is complete;
i) Schedule and progress of the
project; investment stages (if any);
k) Mechanism for support, incentives
provided for the project by the State and requirements (if any); responsibility
of the investor and local government for project execution;
l) Effective period of the written
approval for investment policies.
3. The Ministry of Construction shall
specify procedures for applying for approval for investment policies, template
of the application and approval for investment policies in the cases mentioned
in Clause 4 through 6 Article 9 of this Decree.
Article 12. Contents of housing
construction project documents
1. Every housing construction project
mentioned in Clause 2 Article 17 of the Law on Housing must have a description
that specifies:
a) The project’s name conformable with
Point a Clause 2 Article 11 of this Decree;
b) Necessity and legal basis of the
project;
c) Purposes, investment method,
location, scale of the project; demand for land; natural conditions in the
project area;
d) Solutions: Plan for compensation for
land clearance and relocation (if any); construction technology plan; applied
construction standards and regulations; environmental impact assessment; fire
safety and firefighting plan; solutions for technical infrastructure and
connection with common infrastructure of the area; use of social infrastructure
in the area;
dd) Public parking area and parking
area for households and individuals residing in the project area after the
housing construction is complete (including bicycles, vehicles for the
disabled, motorcycles, and cars);
e) Area dedicated for development of
social infrastructure (kindergartens, schools, healthcare, sports,
entertainment, parks), unless it is already available in the project area;
g) Quantity and ratio of various types
of houses (including detached houses, apartments), total housing floor area;
land area dedicated to construction of social housing or floor area of social
housing (if any); consumption plan (quantity of housing for sale, for lease, or
lease-purchase);
h) Proposed mechanisms applied to the
project in terms of planning, construction density, finance, and others;
i) Total investment, capital sources,
methods of raising capital, ability to repay, recoup investment;
k) Responsibility of State for
investment in technical infrastructure outside and through the project;
l) Project schedule (according to each
stage) and project management method;
m) Construction works transferred to
the State without compensation; works or areas under the management of the
investor after the construction is complete;
n) Plan for management, operation of
the project and public works thereof (organization model, operation method, and
fees to be charged).
2. The fundamental design of the
projects mentioned in Clause 2 r 17 of the Law on Housing shall comply with
regulations of law on construction.
3. In case of housing construction in
an area put up for auction as prescribed in Point a Clause 1 Article 18 of this
Decree, the successful bidder must make, appraise, approve, and execute the
housing construction project in accordance with the Law on Housing and this
Decree. In case the investor wishes to divide the project's land area into
smaller lots for sale (land use right), regulations of law on land and relevant
regulations of law must be complied with.
Article 13. Planning, appraising, and
approving housing construction project
1. Every housing construction project
funded by the capital sources mentioned in Clause 3 Article 36 and Clause 1
Article 53 of the Law on Investment (other than official residence projects
mentioned in Clause 2 of this Article) shall be planned, appraised, and
approved in accordance with regulations of law on public investment and
construction. The Ministry of Construction shall offer its opinions if the
project is subject to approval by the Prime Minister; the Department of
Construction shall offer its opinion if the project is subject to approval by
the People’s Committee of the province.
If the housing construction project is
subject to approval by the Ministry of Construction as prescribed by the Law on
Public Investment, the Ministry of Construction shall appraise it before
granting approval.
2. Official residence projects shall be
planned, appraised, and approved in accordance with Article 23 of this Decree.
3. The housing construction projects
other than those mentioned in Clause 1 and Clause 2 of this Article shall be
planned, appraised, and approved in accordance with regulations of law on
construction.
4. Each investor in the housing
construction projects mentioned in Clause 2 through 5 Article 9 of this Decree
other than those subject to approval by the Ministry of Construction must send
01 set of project documents to the Ministry of Construction for monitoring and
inspection.
Article 14. Housing construction
projects under build-transfer (BT) contracts
1. Based on the construction planning,
the Department of Construction has the responsibility to compile a list of
housing construction projects under BT contracts, including social housing,
relocation housing, criteria for selecting BT investors to be reported to the
People’s Committee of the province and posted on its website and the website of
the Department of Construction for qualified investors to register.
2. Investors in housing construction
projects under BT contracts:
a) Clause 2 Article 38 of the Law on
Housing shall apply to investors in relocation housing;
b) Article 57 of the Law on Housing
shall apply to investors in social housing.
3. The selection of the BT investor in
a housing construction project shall comply with regulations of law on bidding
if it is participated by 02 investors or more. Direct contracting shall apply
if it is participated by only one investor. The Department of Construction
shall assist the People’s Committee of the province in the investor selection
process prescribed in this Clause. If the project is subject to approval by the
Prime Minister, the People’s Committee of the province shall follow procedures
for requesting the Prime Minister to decide or approve investment policies
before selecting a BT investor.
4. After the investor selection result
is available, the Department of Construction shall request the People’s
Committee of the province to consider signing the BT contract or authorizing
the Department of Construction to do so. The BT investor has the responsibility
to formulate a detailed planning on a scale of 1 : 500 and submit it to a
competent authority for appraisal and approval, plan, appraise, and approve the
housing construction project as prescribed in Article 13 of this Decree.
5. After the housing construction
project under a BT contract is completed and accepted, the investor has the
responsibility to transfer such house to the Department of Construction for
management and operation.
6. The investor shall be paid in
accordance with effective regulations of law.
Article 15. Execution of housing
construction project
1. Investors in housing construction
projects must comply with regulations of the Law on Housing, this Decree, and
regulations of law on construction when investing in housing construction.
2. Investors must invest in a
comprehensive technical and social infrastructure system according to the
approved project content and schedule. If social infrastructure has to be built
according to the decision to approve the project or written approval for
investment policies issued by a competent authority, it is required to adhere
to the approved project content, schedule and the written approval.
Article 16. Completion of construction
of housing construction project
When the construction is complete, the
investor in the housing construction project must:
1. Report the result to the Department
of Construction of the province where project is located; submit another report
to the Ministry of Construction if the housing construction project is subject
to approval by the Prime Minister.
2. Complete and retain the documents as
prescribed by the Law on Housing, this Decree, and regulations of law on
construction.
3. Examine and accept the housing work,
technical and social infrastructure of the project in accordance with
regulations of law on construction.
4. Transfer the technical and social
infrastructure to the local government or regulatory bodies according to the
approved project content, or manage such infrastructure themselves according to
the decision on investment policies or approval for investment policies.
Housing shall only be transferred to users after the housing work and social infrastructure
of the project are allowed to be put into operation in accordance with
regulations of law on construction.
5. Make a terminal financial statement
as prescribed by regulations of law on finance.
6. Follow procedures to obtain the
Certificates for owners of houses/apartments of the project as prescribed by
the Law on Housing, this Decree, and regulations of law on land.
7. Cooperate with the local government
in resolving administrative issue within the project area.
8. Operate the works that are not
transferred the local government or regulatory bodies.
9. Perform other tasks prescribed by
law.
Article 17. Management of area
dedicated to detached houses of housing construction projects
1. The investor has the responsibility
to manage the external architecture of detached houses, the use and maintenance
of the technical and social infrastructure serving the owners and users of
detached houses of the project in accordance with the approved content of the
project.
2. The investor may divide and name the
areas dedicated to detached houses, which are separated in the project. With
regard to social housing and relocation housing construction projects, the
areas must be named in Vietnamese language. With regard to commercial housing
construction projects, the projects and areas therein must be named in
accordance with Clause 3 Article 19 of the Law on Housing and specified in the
decision on or approval for investment policies (if any) or approved by the
People’s Committee of the province (if they are not subject to approval for
investment policies).
3. After the houses are transferred and
put into operation, the investor may establish a housing management board which
is responsible for the maintenance of external architecture of housing,
cultivation of trees and gardens, maintenance of utilities and technical
infrastructure of the housing area, except for the infrastructure system that
has been already transferred to the State or put under the management of the
investor. The housing management board consists of representatives of the house
owners and users in the area and representative of the investor (if any).
4. The owners and users of housing in
the detached house area shall hold meetings to elect a housing management
board, ratify the operating regulations and term of the board, the rules and
regulations on management and use of the housing area, contribution to cover
payment for participants in the board, cultivation of trees and garden,
maintenance of utilities in the housing area.
5. The first election of the housing
management board shall be chaired by the investor and the next by the housing
management board or the investor as authorized by the board. In case the owners
and users fail to elect a housing management board, the investor is responsible
for management of this housing area according to the approved content of the
project.
6. The investor may provide additional
funding for cultivation of trees and gardens, maintenance of utilities and
technical infrastructure of the housing area. The tasks mentioned in this
Clause shall be performed by the investor or a qualified unit hired by the
housing management board.
Section
2: DEVELOPMENT OF COMMERCIAL HOUSING
Article 18. Procedures for selection of
investor in commercial housing construction project
1. If land is allocated or leased out
by the State to build housing, the investor shall be selected as follows:
a) In an area where land clearance and
compensation has been complete, the investor shall approve the method of land
use right auction. Time and procedures for the auction shall comply with
regulations of law on land and auction.
In case the area of land put up for
auction has been planned for building housing under a project, the bidders for
land use right in this area must satisfy the requirements for being an investor
in the project according to Article 21 of the Law on Housing, Clause 2 Article
119 of the Law on Land, and regulations of law on real estate trading; the
successful bidder must plan, appraise, approve, and execute the project in accordance
with Articles 12, 13, 15, 16, and 17 of this Decree;
b) In an area where land clearance and
compensation is not complete, the investor shall approve the bidding method if
there are multiple qualified bidders register according to Article 21 of the Law
on Housing. If there is only one qualified bidder according to Article 32 of
the Law on Housing, such bidder shall be appointed as investor. The Department
of Construction shall assist the People’s Committee of the province in
organizing bidding to select investors in housing construction projects as
prescribed in this Point. The time and procedures for selection of bidder in
the housing construction project shall comply with regulations of law on
bidding;
c) The People’s Committee of the
province shall decide the selection of investor in the cases mentioned in Point
a and Point b of this Clause.
2. In case an organization, household,
or individual has a lawful land use right in accordance with housing
construction planning, land use planning approved by a competent authority,
satisfy conditions for being an investor prescribed in Article 21 of the Law on
Housing, and wishes to participate in housing construction, the Department of
Construction shall carry out an inspection and request the People’s Committee
of the province to decide whether to appoint such entity as the investor.
The time limit for investor selection
is 30 days from the day on which the Department of Construction receives the
registration.
3. In case the project is subject to
approval by the Prime Minister according to Clause 4 Article 9 of this Decree,
the People’s Committee of the province shall follow procedures to obtain the
Prime Minister’s approval for investment policies in accordance with Article 10
and Article 11 of this Decree before selecting the investor. In the case
mentioned in Clause 5 Article 9 of this Decree, the Department of Construction
must request the People’s Committee of the province to grant an approval for
investment policies before selecting the investor.
4. The Ministry of Construction shall
provide guidance on legal documents for registration of investor and procedures
for investor selection prescribed in this Article.
Article 19. Conclusion of contract for
raising capital for development of commercial housing
1. The contract for raising capital for
development of commercial housing shall be concluded in accordance with Clauses
2, 3, and 4 of Article 69 of the Law on Housing. Any capital raising contract
concluded against regulations of Article 68 and Article 69 of the Law on
Housing and this Article shall not be legally recognized and the investor shall
face penalties and has to pay damages to capital contributors.
2. The conclusion of contract for
raising capital for development of commercial housing must comply with the
regulations below:
a) In case of conclusion of a capital
raising contract prescribed in Clause 2 Article 69 of the Law on Housing, the
methods, conditions in the Law on Housing and regulations of Clause 3 of this
Article shall apply.
The capital contributors, cooperators,
partners mentioned in this Point shall receive distribution of profit (in money
or shares) according to their contribution ratio in the contract. The investor
must not apply the capital raising method in this Point or other capital
raising methods to distribute housing products, give priority to buy houses,
pay deposits, or obtain the right to buy houses, or distribute land use right
of the project to the capital contributors, except for contribution of capital
for establishment of a new legal entity to be appointed by the State as
investor in the housing construction project.
b) In case of conclusion of a contract
to purchase, lease, or lease-purchase off-the-plan housing in which the buyer,
tenant, or buyer/tenant has to pay in advance according to Clause 3 Article 69
of the Law on Housing, the conditions and methods for purchase, lease,
lease-purchase of off-the-plan housing prescribed by regulations of law on real
estate trading must be complied with.
The investor must send an application
to the Department of Construction of the province in which the house is located
together with documents proving that the house satisfies conditions for being
sold or leased under a lease-purchase agreement according to Clause 1 Article
55 of the Law on Real estate trading. In case the project, the house to be sold
or leased under a lease-purchase agreement is mortgaged, the investor must send
documents proving the mortgage redemption or the agreement between the
buyer/tenant and the creditor that the redemption is not required and such
house is available for sale/lease-purchase. If the project or housing is not
mortgaged, the investor must specify their commitment to take responsibility in
the report sent to the Department of Construction.
Within 15 days of receipt of the
application from the investor, if the application is satisfactory, the
Department of Construction shall send a written notice that the house satisfies
conditions for being sold or leased out (under a lease-purchase agreement) to the
investor. If the application is not satisfactory, the Department of
Construction shall send an explanation. If the Department of Construction does
not send any notice after the aforesaid deadline, the investor may sign
contracts for sale, lease-purchase of off-the-plan housing and take
responsibility for such contracts. The Department of Construction is
responsible for the fact that the notice is sent or not sent after the
investor’s application is received.
After the Department of Construction
sends a notice that the house satisfies conditions for being sold or leased
under a lease-purchase agreement but the investor mortgages it instead of
selling it or leasing it under a lease-purchase agreement, it may only be sold
or leased under a lease-purchase agreement after mortgaging if it satisfies all
conditions and obtains a notice from the Department of Construction as
prescribed in this Point;
c) In case the investor takes a loan
from a credit institution, financial institution, or issues bonds to raise additional
capital necessary for housing construction, the conditions in the loan contract
or regulations on bond issuance must be satisfied.
3. Capital for housing construction
mentioned in Point a Clause 2 of this Article must be raised via a capital
contribution contract or investment cooperation contract or business
cooperation contract; the investor may only conclude such contracts if all of
the following conditions are satisfied:
a) The housing construction project
documents have been approved as prescribed by law;
b) The land clearance has been complete
according to the approved project schedule;
c) A note on the project’s landmarks
has been issued;
d) The Department of Construction of
the province where the project is located has issued a notice of satisfied
conditions for capital raising. The investor must send an application together
with documents proving satisfaction of conditions for capital raising
prescribed in Points a, b, and c of this Clause to the Department of
Construction.
Within 15 days of receipt of the
investor’s application, if the application is satisfactory, the Department of
Construction shall send a written notice of satisfied conditions to the
investor. If the application is not satisfactory, the Department of
Construction shall send an explanation. If all conditions for raising capital
prescribed in Points a, b, and c of this Clause have been satisfied and the
investor does not receive a notice from the Department of Construction after
the aforesaid deadline, the investor may sign capital raising contracts and
take responsibility for such contracts. The Department of Construction is
responsible for the fact that the notice is sent or not sent after the
investor’s application is received.
4. The entity raising capital mentioned
in Clause 1 and Clause 2 of this Article must use the raised capital for
construction of housing of the project. Investors are prohibited to raise an
amount of capital that exceeds the advance paid by customers as prescribed by
law. Any investor that uses the raised capital for improper purposes,
appropriate raised capital, or raises an amount of capital that exceeds the
advance paid by customers must return the excessive amount, pay damages, face
administrative penalties or criminal prosecution as prescribed by law.
5. The Ministry of Construction shall
provide specific guidance on raising capital as prescribed in Clause 2 and
Clause 3 of this Article.
Section
3: DEVELOPMENT OF OFFICIAL RESIDENCES
Article 20. Plan for development of
official residences
1. Official residence development plan
shall be made and approved in accordance with regulations in Clause 3 Article
27 of the Law on Housing.
2. The official residence development
plan shall contain quantity and categories of housing (detached houses,
apartments); total usable housing area; locations, area for investment in
housing construction or quantity, categories of commercial housing to be
purchased or leased as official residences; capital sources, methods of raising
capital for construction, purchase, or lease of commercial housing as official
residences; annual and 5-year investment periods; plan implementation schedule;
responsibilities of the leading agency and cooperating agencies.
3. The central agencies mentioned in
Point a Clause 3 Article 27 of the Law on Housing shall determine the demand
for official residences using the forms provided by the Ministry of
Construction, and send them to the Ministry of Construction for verification.
After verifying the demand for official residences, the Ministry of Construction
shall formulate the official residence development plan and submit it to the
Prime Minister for approval.
4. The Ministry of National Defense,
the Ministry of Public Security shall formulate their own official residence
development plans and send them to the Ministry of Construction. After
obtaining the opinions of the Ministry of Construction, the Ministry of
National Defense and the Ministry of Public Security shall request the Prime
Minister to approve the plans.
5. The Department of Construction of
each province shall take charge and cooperate with competent authorities within
the province in formulating the provincial official residence development plan
and submit it to the People’s Committee of the province for approval and submit
a report to the Ministry of Construction.
6. The Ministry of Construction shall
provide instructions on procedures for determination of demand for official
residences and approval for official residence development plans.
Article 21. Method of investment in
construction of official residences
The State shall make direct investment
from state budget, including central government budget and local government
budgets in construction of official residences or purchase of commercial
housing as official residences.
The provision of capital from state
budget for construction of official residences or purchase of commercial
housing as official residences must comply with official residence development
plans, projects for construction of official residences or purchase of commercial
housing as official residences approved by competent authorities in accordance
with regulations of law on state budget and public investment.
Article 21. Procedures for selection of
investor in official residence construction project
1. The Ministry of Construction shall
propose investors in projects for construction of official residences to be
rented by central agencies (except for those mentioned in Point d Clause 1
Article 32 of the Law on Housing) subject to approval by the Prime Minister to the
Prime Minister.
Within 30 days from the receipt of the
proposal of the Ministry of Construction, the Prime Minister shall issue a
decision on investor selection or authorizes the Ministry of Construction to
select the investor.
2. The Ministry of National Defense and
the Ministry of Public Security shall decide investors in projects for
construction of official residences to be rented by the entities mentioned in
Point d Clause 1 Article 32 of the Law on Housing subject to approval by the
Ministry of National Defense or the Ministry of Public Security respectively.
Within 30 days from the receipt of the
investor’s application, the Minister of National Defense or the Minister of
Public Security shall issue a decision on investor selection.
3. In case of an official residence
construction project subject to approval by the People’s Committee of a
province, the investor in which shall be selected as follows:
a) The Department of Construction shall
submit the decision on investor selection to the People’s Committee of the
province or authorize the People’s Committee of the district to select the
investor if authorized by the People’s Committee of the province;
b) Within 30 days from receipt of the
proposal of the Ministry of Construction, the People’s Committee of the
province shall issue a decision on investor selection or authorize the People’s
Committee of the district to select the investor. Within 30 days from the
receipt of the letter of authorization from the People’s Committee of the
province, the People’s Committee of the district must issue a decision on
investor selection.
4. The investor in the official
residence construction project mentioned in Clause 1, Clause 2, or Clause 3 of
this Article may be an organization, state agency, or real estate enterprise.
5. The Ministry of Construction shall
provide specific instructions on document and procedures for selecting real
estate enterprises as investors in official residence construction projects.
Article 23. Planning, appraising,
approving official residence construction project
1. Official residence construction
projects shall be planned, appraised, and approved in accordance with the Law
on Housing, this Decree, and regulations of law on construction.
2. The Ministry of Construction shall
plan, appraise, and submit projects decided by the Prime Minister as prescribed
in Point a Clause 2 Article 28 of the Law on Housing to the Prime Minister for
approval, or directly approve them if authorized by the Prime Minister.
3. The Ministry of National Defense or
the Ministry of Public Security shall plan, appraise, and submit projects
decided by the Ministry of National Defense or the Ministry of Public Security
respectively, and reach an agreement with the Ministry of Construction before
submitting them to the Prime Minister for approval. After the Prime Minister
grants an approval, the Ministry of National Defense or the Ministry of Public
Security shall ratify the project.
4. The Department of Construction shall
plan, appraise, and submit projects decided by the People’s Committee of the
province as prescribed in Point c Clause 2 Article 28 of the Law on Housing and
submit them to the People’s Committee of the province for approval.
In case of construction of housing
intended to be rented by the persons sent to work in a district and the persons
mentioned in Points c, dd, e, and g of Clause 1 Article 32 of the Law on
Housing, the People’s Committee of the province may authorize the People’s
Committee of such district to approve the project.
Article 24. Purchase of commercial
housing as official residences
1. If the existing commercial houses in
the area is not adequate and there are commercial houses whose quality, type
and standards are suitable for being used as official residences according to
regulations of law on construction, the competent authorities mentioned in
Clause 2 Article 28 may purchase them as official residences.
2. Commercial housing shall be
purchased as official residences as follows:
a) If the houses/apartments are
intended to be rented by central agencies (except for those mentioned in Point
d Clause 1 Article 32 of the Law on Housing), the Ministry of Construction
shall cooperate with the Ministry of Finance in planning the project and submit
it to the Prime Minister for approval or approves it themselves if authorized
by the Prime Minister;
b) If the houses/apartments are
intended to be rented the entities mentioned in Point d Clause 1 Article 32 of
the Law on Housing, the Ministry of National Defense or the Ministry of Public
Security shall plan the project, reach an agreement with the Ministry of
Construction, the Ministry of Finance, the Ministry of Planning and Investment
before submit it to the Prime Minister for approval; after the Prime Minister
grants an approval, the Ministry of National Defense or the Ministry of Public
Security shall ratify the housing purchase project;
c) If the houses/apartments are
intended to be rented by local entities, the Department of Construction shall
cooperate with the Department of Finance of the province in planning the
project and submit it to the People’s Committee of the province for approval;
d) The project for purchase of
commercial housing as official residences shall specify the locations, types
and quantity of houses/apartments, usable area of each type, prices, relevant
costs, capital sources, methods of payment, contracting agency, managing
agency, and responsibilities of relevant agencies for the project execution.
3. Procedures for purchasing commercial
housing as official residences:
a) Depending on the approved project
content, the agency appointed as investor in the purchase project shall
conclude a house purchase contract with the investor in the housing
construction project in accordance with regulations on trade in commercial
housing;
b) According to the concluded house
purchase contract, the investor in the housing construction project shall
transfer the houses/apartments and provide related legal documents to the
buyer;
c) After receiving the
houses/apartments, the investor in the purchase project shall manage and lease
them out in accordance with the Law on Housing and this Decree;
d) The Investor in the commercial
housing construction project shall follow procedures for obtaining the
Certificates for the buyer. In the case mentioned in Point a Clause 2 of this
Article, the Ministry of Construction, the Ministry of Construction shall be
the holder of the Certificates. IN the case mentioned in Point b Clause 2 of
this Article, the Ministry of National Defense shall be the holder of the Certificates
of the houses/apartments purchased by the Ministry of National Defense, the
Ministry of Public Security shall be the holder of the Certificates of the
houses/apartments purchased by the Ministry of Public Security. In the case
mentioned in Point c Clause 2 of this Article, the People’s Committee of the
province or the Department of Construction (if authorized by the People’s
Committee of the province) shall be the holder of the Certificates.
Procedures for issuance of Certificates
to the authorities mentioned in this Point shall comply with regulations of law
on land.
Article 25. Leasing commercial housing
as official residences
1. If the existing commercial housing
in the area is not adequate and there are commercial houses whose quality, type
and standards are suitable for being used as official residences, the competent
authorities mentioned in Clause 2 Article 28 of the Law on Housing may lease
such house as official residences.
2. Commercial housing shall be leased
as official residences as follows:
a) If the houses/apartments are
intended to be rented by central agencies (except for those mentioned in Point
d Clause 1 Article 32 of the Law on Housing), the Ministry of Construction
shall cooperate with the Ministry of Finance in submitting a proposal to the
Prime Minister for consideration;
b) If the houses/apartments are
intended to be rented the entities mentioned in Point d Clause 1 Article 32 of
the Law on Housing, the Ministry of National Defense or the Ministry of Public
Security shall reach an agreement with the Ministry of Finance before
submitting a proposal to the Prime Minister for approval; after the Prime
Minister grants an approval, the Ministry of National Defense or the Ministry
of Public Security shall decide the lease;
c) If the houses/apartments are
intended to be rented by local entities, the Department of Construction shall
cooperate with the Department of Finance of the province in submitting a
proposal to the People’s Committee of the province for approval;
d) The housing lease proposal shall
specify the locations, types and quantity of houses/apartments, usable area of
each type, rents, lease term, relevant costs, capital sources, agencies
responsible for paying the rents, contracting agency, and managing agency.
3. According to the approval of the
competent authority mentioned in Clause 2 oaf this Article, the assigned
managing agency shall conclude a lease contract with the owner of the
commercial housing, then conclude lease contracts with the tenants of official
residences and take responsibility for their management. The lease contract
with the owner shall be concluded in accordance with regulations on leasing
commercial housing; the lease contracts with tenants of official residences
shall be concluded as instructed by the Ministry of Construction.
Section
4. DEVELOPMENT RELOCATION HOUSING
Article 26. Method of investment in
construction of relocation housing
The construction of relocation housing
shall be carried out in the following manner:
1. The State uses the capital sources
prescribed in Clause 3 Article 36 of the Law on Housing to build or purchase
commercial housing as relocation housing.
2. The State invests in the
construction of housing under BT contracts as prescribed in Article 14 of this
Decree.
3. Investors in commercial housing
construction projects or industrial park infrastructure projects shall invest
in construction of relocation housing in accordance with Clause 3 and Clause 4
Article 35 of the Law on Housing.
Article 27. Selection of investor in
relocation housing construction project
1. Investors in relocation housing
construction projects are the organizations mentioned in Clause 2 Article 38 of
the Law on Housing.
2. Such investors shall be selected as
follows:
a) The Ministry of Construction shall
propose investors in housing construction projects funded by the capital
sources mentioned in Clause 3 Article 36 of the Law on Housing to serve the
projects and works of national importance to the Prime Minister or authorize
the Minister of Construction to select the investor;
b) The Department of Construction of
shall propose investors in the housing construction projects funded by the
capital sources mentioned in Clause 3 Article 36 of the Law on Housing other
than those mentioned in Point a of this Clause to the People’s Committee of the
province;
c) With regard to housing construction
projects funded by capital sources other than those mentioned in Clause 3
Article 36 of the Law on Housing and subject to Clause 3 Article 36 of this
Decree, the investor shall be the investor in the commercial housing
construction project or industrial park infrastructure project. In other cases,
the investor shall be selected through bidding. In case of housing construction
under a BT contract, the investor shall be selected in accordance with Article
14 of this Decree.
3. In case a real estate enterprise is
selected as investor in the relocation housing construction project, the
application for registration as investor shall be as follows:
a) With regard to housing construction
projects funded by the capital sources mentioned in Clause 3 Article 36 of the
Law on Housing, the application is the same as the case of selection of
investor in an official residence construction project;
b) With regard to housing construction
projects funded by the capital sources other than those mentioned in Clause 3
Article 36 of the Law on Housing, the application is the same as the case of
selection of investor in a commercial housing construction project.
4. Procedures for selection of investor
in a relocation housing construction project:
a) In the case mentioned in Point a
Clause 2 of this Article, the Ministry of Construction shall examine the
applications and request the Prime Minister to decide or authorizes the
Ministry of Construction to decide;
b) In the case mentioned in Point b
Clause 2 of this Article, the Department of Construction shall examine the
applications and request the People’s Committee of the province to decide;
c) In case of bidding mentioned in
Point c Clause 2 of this Article, Point b Clause 1 Article 18 of this Decree
shall apply; in case of housing construction under a BT contract, Article 14 of
this Decree shall apply;
d) The time limit for selecting an
investor mentioned in Point a and Point b of this Clause is 30 days from the
day on which satisfactory applications are received. In the case mentioned in
Point c of this Clause, the time limit shall comply with regulations of law on
bidding (if held) or procedures for selection of BT investor (if applicable).
Article 28. Purchase of commercial
housing and use of social housing as relocation housing
1. The purchase of commercial housing
and use of social housing as relocation housing must comply with Article 35 and
Article 39 of the Law on Housing and the plan for compensation, support, and
relocation approved by a competent authority.
2. In an area in which commercial
housing has to be used as relocation housing as prescribed in Clause 1 and
Clause 2 Article 35 of the Law on Housing:
a) The unit in charge of arranging relocation
housing shall determine the location of the commercial housing to be purchased,
discuss the purchase plan with the investor and formulate a purchase plan which
specifies the legal documents of the housing construction project, locations,
quantity, area of each type of housing, expected purchase prices, completion
schedule, and submit a report to the Ministry of Construction if the project is
available.
Within 30 days from the receipt of the
report, housing purchase plan, and legal documents of the project from the unit
in charge of arranging relocation housing, the Department of Construction shall
cooperate with finance, environment and natural resources authorities of the
province in appraising the plan and submit it to the People’s Committee of the
province for approval;
b) The prices of commercial housing to
be used as relocation housing shall depend on the market prices at that time,
inclusive of land levies. In case the leading agency and cooperating agencies
fail to reach a consensus on the housing prices, an independent valuation unit
may be hired to determine the prices. The cost of hiring such unit shall be
included in the cost of commercial housing purchase;
c) Within 15 days from the day on which
the People’s Committee of the province approves the housing purchase plan, the
unit in charge of arranging relocation housing shall sign a house purchase
contract with the investor in the commercial housing construction project as
prescribed in Article 41 of the Law on Housing;
d) After the contract is signed, such
unit shall request the relocated households and individuals to conclude house
purchase contracts in accordance with Article 31 of this Decree.
3. In case social housing is used as
relocation housing as prescribed in Clause 1 and Clause 2 Article 35 of the Law
on Housing:
a) Any relocated person who wishes to
purchase, lease, or lease-purchase social housing shall submit an application
to the People’s Committee of the district where he/she resides;
b) The People’s Committee of the
province shall verify the fact the such person has not received any
compensation from the State in the form of housing or residential land, compile
a list of persons in need of relocation enclosed with their applications, and
send the list to Departments of Construction for examination;
c) After examining, the Department of
Construction shall compile a list of households and individuals eligible to
purchase, lease, lease-purchase social housing, and send it to the People’s
Committee of the province for approval. In consideration of local social
housing supply and demand for social housing of relocated people, the People’s
Committee of the province shall decide whether to approve the list;
d) The Department of Construction shall
send the list approved by the People’s Committee of the province to the
People’s Committees of districts in order to notify relevant households and
individuals; request the investors social housing construction projects, in
writing, to conclude housing purchase, lease, lease-purchase contracts with the
households and individuals on the list.
4. The contract conclusion and transfer
of commercial housing or social housing to serve relocation shall comply with
Article 31 of this Decree.
Article 29. Capital for development of
relocation housing
1. Capital for Point of relocation
housing shall be raised in the manners prescribed in Article 72 of the Law on
Housing.
2. If the capital sources prescribed in
Clause 3 Article 36 of the Law on Housing are used, capital shall be provided
in accordance with regulations of law on public investment and state budget.
3. In case of housing development under
BT contracts, Article 14 of this Decree shall apply.
4. If capital is raised from
compensation or support for relocation when the State withdraws land, regulations
of law on land shall apply; if Land development fund is used, the People’s
Committee of the province shall decide.
5. If capital is raised in the form of
capital contribution, investment cooperation, business cooperation, joint
venture, or association, the parties must conclude a capital contribution
contract or investment cooperation contract or business cooperation contract.
The capital contributors under such contract shall receive distribution of
profits (in money or shares) according to their amount of contributed capital
under the contract, except for the cases in which the house owners participate
in capital contribution, investment cooperation, business cooperation to
dismantle the house/building and investment in construction of relocation housing
as prescribed by the Law on Housing and regulations of law on renovation,
re-construction of apartment buildings.
6. If the State advances capital from
state budget to invest in construction or purchase of relocation housing:
a) According to the compensation,
support, relocation plan approved by a competent authority, the Department of
Construction shall plan the distribution of houses/apartments for each
relocation housing construction project, including the case of relocation
serving execution of local projects of national importance, then submit a
report to the People’s Committee of the province;
b) According to the approved relocation
housing distribution plan and the investor’s request, a competent authority
shall decide whether to advance capital from the local government budget for
the investor to commence the project;
c) The investor in the relocation
housing construction project shall repay the advance by selling, leasing
houses/apartments to relocated households and individuals under lease-purchase
agreements, or deduct the advance from the compensation provided for households
and individuals when the State withdrew land and remove their houses within 60
days from the day on which payment for purchase or lease-purchase of housing is
collected or compensation for relocation is provided.
Chapter
IV. MANAGEMENT
AND USE OF HOUSING
Section
1: MANAGEMENT AND USE OF RELOCATION HOUSING
Article 30. Conditions for leasing,
lease-purchasing, purchasing relocation housing
1. The following entities may lease,
lease-purchase, purchase relocation housing:
a) Households and individuals whose
lawful houses had to be removed when the State withdraws land to execute a
project serving national defense and security purposes, national interest, or
public interest which is approved by a competent authority;
b) Households and individuals whose
land and houses thereon are withdrawn by the State and have to relocate but are
not eligible for land compensation as set out in regulations of law on land and
have no other residences;
c) Households and individuals who own
apartments in apartment buildings that must be dismantled for renovation or
reconstruction as set out in Article 110 of the Law on Housing.
2. Conditions for leasing,
lease-purchasing, purchasing relocation housing:
a) Any entity specified in Point a and
Point b Clause 1 of this Article that wishes to purchase commercial housing, to
lease, lease-purchase, or purchase relocation housing invested by the State
must be on the list of relocated entities under the compensation, support, and
relocation plan approved by a competent authority and file an application for
provision of relocation housing using the form provided by the Ministry of
Construction.
b) Any entity specified in Point a and
Point b Clause 1 of this Article that wishes to lease, lease-purchase, or
purchase social housing must be on the list of relocated entities under the
compensation, support, and relocation plan approved by a competent authority,
file an application for provision of social housing for relocation using the
form provided by the Ministry of Construction, provided they have not received
any compensation from the State in the form of housing or residential land.
c) The entities mentioned in Point c
Clause 1 of this Article shall be provided with relocation housing in
accordance with Article 115 and Article 116 of the Law on Housing and
regulations of law on renovation and reconstruction of apartment buildings.
Article 31. Conditions for leasing,
lease-purchasing, purchasing relocation housing
1. In case of purchase of commercial
housing set out in Point a Clause 1 Article 41 of the Law on Housing:
a) The unit appointed by the State to
provide relocation housing shall conclude a house purchase contract with the
investor in the commercial housing construction project. The conclusion of the
house purchase contract shall comply with regulations on commercial housing
trading;
b) Within 10 days from the day on which
the house purchase contract with the investor is concluded, the unit appointed
by the State to provide relocation housing must send a notification to each
relocated household and individual as set out in Article 30 of this Decree, and
directly conclude house purchase contracts with them;
c) As set out in the house purchase
contract with the investor in the commercial housing construction project, the
unit appointed by the State to provide relocation housing shall receive the
houses from the investor and transfer them to the aforementioned households and
individuals, or authorize the investor to do so. The transfer of housing must
comply with agreements in the contract when the conditions for transferring
houses set out in Clause 4 Article 16 of this Decree, regulations of law on
real estate trading are satisfied, and made into a record enclosed with legal
documents related to the houses transferred.
2. In case of purchase of commercial
housing set out in Point b Clause 1 Article 41 of the Law on Housing:
a) The unit appointed by the State to
provide relocation housing shall conclude an order contract with the investor
in an commercial housing construction project;
b) Within 10 days from the day on which
the house purchase contract is concluded, the unit appointed by the State to
provide relocation housing must send a notification to each relocated household
and individual set out in Article 30 of this Decree, and directly a conclude
house purchase contract with the investor in the commercial housing
construction project. The house purchase contract shall be concluded in
accordance with instructions of the Ministry of Construction;
c) Pursuant to the concluded house
purchase contract, the investor in the commercial housing construction project
shall transfer houses to households and individuals who purchase them. The
transfer of houses must be transferred in accordance with agreements in the
contract when the conditions for transferring houses set out in Clause 4
Article 16 of this Decree, regulations of law on real estate trading are
satisfied, and made into a record enclosed with legal documents related to the
houses transferred.
3. In case social housing is used as
relocation housing, pursuant to the notification of the People’s Committees of
districts mentioned in Clause 3 Article 28 of this Decree, relocated households
and individuals shall directly sign lease, lease-purchase, and purchase
contracts with the investor in the social housing construction project. The
transfer of houses must comply with agreements in the contracts, provisions of
Clause 4 Article 16 of this Decree, and made into a record certified by the
unit appointed by the State to provide relocation housing which is enclosed
with legal documents related to the houses purchased or leased under a
lease-purchase agreement.
4. In case of purchase, lease,
lease-purchase of relocation housing invested by the State, households and
individuals on the relocation list shall, according to the compensation,
support, and relocation plan approved by a competent authority, sign purchase,
lease, lease-purchase contracts with the investor in the housing construction
project. The transfer of such houses must comply with agreements in the
contracts when the conditions for transferring houses set out in Clause 4
Article 16 of this Decree are satisfied and made into a record, which is
enclosed with legal documents related to the houses purchased or leased under a
lease-purchase agreement.
5. In case of provision of relocation
housing set out in Clause 3 and Clause 4 Article 35 of the Law on Housing,
according to the approved compensation, support, and relocation plan, relocated
households and individuals shall sigh house purchase contract with the project
investor. The conclusion of house purchase contracts must comply with
regulations on commercial housing trading. The transfer of houses must comply with
agreements in the contract when the conditions for transferring houses set out
in Clause 4 Article 16 of this Decree, regulations of law on real estate
trading are satisfied, and made into a record enclosed with legal documents
related to the houses purchased.
6. Investors in housing construction
projects mentioned in Clause 1 through 5 of this Article must follow procedures
for obtaining Certificates for households and individuals who purchased houses
or leased houses under a lease-purchase agreement for relocation, unless they
voluntarily follow the implementation themselves. Procedures for obtaining
Certificates are specified in regulations of law on land.
7. The Ministry of Construction shall
provide the forms of purchase, lease, and lease-purchase contracts mentioned in
Point b Clause 1 and Clause 2 through 4 of this Article.
Article 32. Purchase, lease,
lease-purchase prices for relocation housing
1. Relocated households and individuals
that wish to purchase housing of a relocation project or commercial housing as
relocation housing, their prices shall be specified in the compensation,
support, and relocation plan approved by a competent authority.
2. Relocated households and individuals
that wish to lease, lease-purchase housing for relocation invested by the State
or purchased by the State for lease or lease-purchase, their prices shall be
determined in accordance with instructions of the Ministry of Construction.
3. Relocated households and individuals
that wish to use social housing as relocation housing, their prices shall be
determined in accordance with Article 60 and Article 61 of the Law on Housing
and regulations of law on management and use of social housing.
Article 33. Management and use of
relocation housing
1. The management and use of relocation
housing is provided for below:
a) Owners of relocation housing have
the responsibility to manage, operate, and maintain their houses in accordance
with the Law on Housing, this Decree, and relevant regulations of law;
b) Apartment buildings must comply with
regulations on management and use of apartment buildings. Their owners must pay
fees for maintenance of shared areas of apartment buildings in accordance with
the Law on Housing and this Decree, fees for apartment building operation, and
service charges as agreed with service providers;
c) State-owned houses must comply with
regulations in Chapter V of this Decree; social housing must comply with
regulations on management and use of social housing;
d) Housing in rural areas must ensure
hygiene, environmental safety, fire safety, comply with regulations on
civilized lifestyles, maintenance of infrastructural works in residential
areas.
2. Running business in apartment
buildings:
a) Where some apartments or floors of a
commercial apartment building are purchased as relocation housing, relocated
households and individuals may bid for the use of the business area in the
apartment building (if any), provided their bids are equal to that submitted by
other entities in such apartment building.
b) Where an apartment building is built
for relocation, the investor must provide at least 1/3 of its business area for
relocated households and individuals (if demanded) through bidding in an open
and transparent manner in order to create employments for them. The revenue
from the business area, after deducting reasonable prices, may be used by the
People’s Committee of the province to cover the maintenance of shared area and
part of the costs of operating local relocation housing;
c) The management and operation of housing
set out in Point a and Point b of this Clause shall comply with the Statute on
management and use of apartment buildings promulgated by the Ministry of
Construction.
Section
2: MANAGEMENT AND USE OF VILLAS AND APARTMENT BUILDINGS
Article 34. Classification, management,
and use of villas
1. Villas are divided into 3 groups:
a) Group 1 villas are those ranked as
historical, cultural sites according to regulations of law on cultural
heritage; villas having architectural values, and ancient houses determined by
a Council specified in Clause 2 Article 79 of the Law on Housing and approved
by the People’s Committee of the province;
b) Group 2 villas are villas other than
those specified in Point a of this Clause that have architectural, historical,
cultural values determined by a Council specified in Clause 2 Article 79 of the
Law on Housing and approved by the People’s Committee of the province;
c) Group 3 villas are villas other than
those specified in Point a and Point b of this Clause.
2. The management, use, maintenance,
and renovation of villas must:
a) comply with provisions of the Law on
Housing; for state-owned villas, comply with regulations on management and use
of state-owned houses; for houses having artistic, historical, cultural values,
comply with regulations of law on management of cultural heritage;
b) for group 1 villas, maintain the
outer architecture and inner structures, construction density, number of
stories, and height;
c) for group 2 villas, maintain the
outer architecture;
d) for group 3 villas, comply with
regulations of law on planning, architecture, and construction.
Article 35: Prohibited acts in
management and use of apartment buildings
1. Using the funding for management,
operation, and maintenance of shared area against provisions of the Law on
Housing, this Decree, and the Statute on management and use of apartment
buildings promulgated by the Ministry of Construction.
2. Causing permeation or leakage; make
noise beyond the limits specified by law; discharging garbage, wastewater,
exhaust gases, toxic substances against regulations of law on environmental
protection or internal regulations on management and use of the apartment
building.
3. Breeding animals in the apartment
building.
4. Painting, decorating the outer sides
of the apartments of apartment building against regulations on its design and
architecture.
5. Repurpose the share area of the
apartment building without permission; repurpose the non-residential area in
the apartment building against the designed approved by a competent authority.
6. The following business lines are
prohibited in the business area of an apartment building:
a) Explosive, combustible materials,
and business lines that endanger life and property of users of the apartment
building as set out in regulations of law on fire safety;
b) Discotheque business; repair of
motor vehicles; slaughtering, provision of services causing pollution as set
out in regulations of law on environmental protection.
Restaurant, karaoke, and bar business
must ensure noise isolation, fulfillment of fire safety requirement, have
emergency exits, and conformity with other business conditions prescribed by
law.
7. Any other prohibited acts related to
management and use of apartment buildings specified in Article 6 of the Law on
Housing.
Article 36. Transferring fees for
maintenance of shared areas of apartment buildings having more than one owners
1. Buyers, buyer/tenants, investors
must pay 2% of the fee for maintenance of shared area of the apartment building
as set out in Article 108 of the Law on Housing. This funding is tax-free. The
investor must open a payment account at a credit institution operating in
Vietnam to receive funding from buyers, buyer/tenants of apartments or other
areas in the apartment building. When opening such account, the investor must
specify that the account is intended to receive fees for apartment building
maintenance and this is a term deposit account.
2. The investor must write the account
specified in Clause 1 of this Article in the contracts to purchase,
lease-purchase apartments or other areas in the apartment building with
customers (including account number, account name, and name of the credit
institution where the account is opened). Before receiving the house, the
buyer, buyer/tenant must pay 2% of the fee for maintenance to the account
written on the contract, or to the investor for transferring to the account. If
the investor transfers the apartment or area without collecting the fee, the
investor shall pay this fee.
3. With regard to the area that is not
sold or yet to be sold or leased out under a lease-purchase agreement when the
apartment building is put into operation, the investor shall pay the 2%
maintenance fee to the management board of the apartment building to the
account specified in Clause 1 of this Article if such area is subject to
payment of 2% maintenance fee.
4. After the management board is
established and issue a written request for transfer of maintenance fee under
the temporary management of the investor, and the management board makes a
statement of the maintenance costs, the investor shall transfer the maintenance
fees in accordance with regulations of law on housing to the management board
by wire transfer. The account for management of maintenance fees of the management
board and procedures for transferring fees for maintenance of shared area of
the apartment building to the management board shall comply with the Statute on
management and use of apartment buildings promulgated by the Ministry of
Construction.
After the maintenance fees are
transferred to the management board, the investor shall submit a report to the
Department of Construction of the province in which the apartment building is
located.
Article 37. Procedures for enforcing
transfer fees maintenance of shared areas of apartment buildings
1. Where the investor does not transfer
the maintenance fees as set out in Article 36 of this Decree or does not
transfer them sufficiently or on schedule:
a) The management board shall request
the People’s Committee of the province in which the apartment building is
located, in writing, to request the investor to transfer the fees for
maintenance of shared area in accordance with Article 36 of this Decree;
b) Within 15 days from the day on which
the request of the management board is received, the People’s Committee of the
province shall carry out an inspection. If the parties have made a statement of
maintenance fees as set out in Clause 4 Article 36 of this Decree but the
investor has not transferred the maintenance fees, the People’s Committee of
the province shall request the investor, in writing, to transfer the fees to
the management board. Within 07 days from the day on which the written request
of the People’s Committee of the province is received, the investor must
transfer the maintenance fees.
If the parties have not made a
statement of maintenance fees, they must make it and transfer maintenance fees
to the management board within 10 days from the day on which the written
request of the People’s Committee of the province is received.
The transfer of fees for maintenance of
shared area of an apartment building must be made into a record certified by
the investor and representative of the management board. After the fees are
transferred, the investor must send a notification to the People’s Committee of
the province.
c) In case the investor fails to
transfer maintenance fees by the deadline set out in Point b of this Clause,
the People’s Committee of the province shall consider issuing a decision to
enforce the transfer of fees which will be provided for the management board
and send the decision to the investor, management board, and credit institution
where the investor’s account is opened. The decision must specify the amount of
funding to be provided by the investor after deducting the cost of maintenance
of shared area, deadline, enforcement measures, and responsibilities of
relevant parties for implementation of this decision;
d) Enforcement measures include
compelling the investor to transfer fees from the investor’s account mentioned
in Clause 1 Article 36 of this Decree or from another investor’s account to the
account held by the management board, or liquidating the investor’s property.
The enforcement of provision of fees for maintenance of shared area of
the apartment building shall be carried out within 30 days from the day on
which the decision on enforcement is issued. The fees to be transfer include
the principal and interest of the maintenance fees according to the figures
stated by the parties. Where a party does not concur with such figures, those
written on the decision on enforcement issued by the People’s Committee of the
province shall apply;
d) Within 03 days from the day on which
the decision on enforcement is received, the credit institution managing the
investor’s deposit account shall, according to the decision on enforcement,
transfer the fees to an account opened by the management board. In case the
investor’s property has to be liquidated to collect the maintenance fees, the
People’s Committee of the province must specify in the decision on enforcement
the liquidation measures, responsibilities of liquidating unit, and method of
transferring collected amounts to the management board.
During the course of enforcement, if
the investor is found committing criminal offences, the People’s Committee of
the province shall request a competent authority to conduct an investigation
and handle the case in accordance with law.
2. The transfer of fees for maintenance
of shared area of an apartment building must be made into a record certified by
the investor and representative of the management board. In the case mentioned
in Clause 1 of this Article, it is required to have a certification by the
enforcing party and representative of the credit institution which transfers
the funding or representative of the liquidating unit (if investor’s property
is liquidated).
Chapter
V. MANAGEMENT
AND USE OF STATE-OWNED HOUSES
Section
1: GENERAL PROVISIONS
Article 38. Rules for management and
use of state-owned houses
1. Ensure that state-owned houses are
used for right purposes and effectively; avoid losses and wastefulness;
state-owned houses are leased and leased/purchased by eligible entities in
accordance with the Law on Housing and this Decree.
2. Ensure uniform management, close
cooperation, and clear responsibilities of relevant authorities and units.
3. State-owned houses must have
acceptable quality and be safe for users; relocation housing must also comply
with regulations set out in Section 1 Chapter IV of this Decree.
4. The reduction, exemption of housing
rents and prices must comply with Article 59, Article 66, an Article 68 of this
Decree, except for tenants of official residences, student housing, and the
tenants specified in Point c and Point d Clause 1 Article 61, Clause 1 and
Clause 3 Article 71 of this Decree.
5. Old houses invested by state budget
or transferred to the State and used as residences (including autonomous
housing) must be managed, sold, and leased out in accordance with this Decree.
6. Violations against regulations on
management, use of state-owned houses must be dealt with promptly and strictly
in accordance with law. Houses that have to be withdrawn as set out in Article
84 of the Law on Housing and this Decree must be managed and used for right
purposes after the withdrawal.
Article 39. Authorities in charge of
management of state-owned houses
1. State ownership representative
authorities of houses invested by central budget:
a) The Ministry of Construction is the
state ownership representative authority of official residences of the
Government; state-owned social housing invested by central budget student
housing under the management of educational institutions affiliated to the
Ministry of Construction, except for state-owned social housing purchased or
built by the Ministry of National Defense or the Ministry of Public Security
specified in Point b of this Clause;
b) The Ministry of National Defense and
the Ministry of Public Security are is the state ownership representative authorities
of state-owned houses purchased or built by the Ministry of National Defense or
the Ministry of Public Security; student housing under the management of
educational institutions affiliated to the Ministry of National Defense or the
Ministry of Public Security. The Ministry of National Defense is the state
ownership representative authority of old houses under its management, except
for the case mentioned in Clause 2 Article 64 of this Decree;
c) Other Ministries and central
agencies are state ownership representative authorities of official residences,
student housing under the management of educational institutions affiliated
thereto.
2. The People’s Committees of provinces
are state ownership representative authorities of state-owned houses under their
management in their provinces.
3. Housing authorities are the
authorities assigned by state ownership representative authorities specified in
Clause 1 and Clause 2 of this Article to manage state-owned houses, including:
a) for Ministries and central agencies,
housing authorities affiliated thereto;
b) for provinces, Departments of
Construction;
c) Educational institutions shall
manage student housing under their management.
4. Operating units of state-owned
houses are organizations or enterprises specialized in housing operation as set
out in Article 105 of the Law on Housing and are appointed to operate
state-owned houses by state ownership representative authorities.
Article 40. Rights and obligations of
state ownership representative authorities of state-owned houses
1. Every state ownership representative
authority specified in Clause 1 and Clause 2 Article 39 of this Decree has the
following rights and obligations to the houses under their management:
a) Decide who may lease official
residences, who may lease, purchase old houses, who may lease, lease-purchase
state-owned social housing;
b) Select house-operating units;
c) Approve the plans for maintenance,
renovation, dismantlement, reconstruction of houses;
d) Impose or decide the rents,
lease-purchase prices, and selling prices of houses;
dd) Decide withdrawal of houses;
e) Other rights and obligations
specified by the Prime Minister.
2. State ownership representative
authorities of state-owned houses specified in Clause 1 and Clause 2 Article 39
of this Decree may appoint housing authorities specified in Clause 3 Article 39
of this Decree to exercise the rights set out in Point b Clause 1 of this
Article and approve housing maintenance plans. The Ministry of National Defense
and the Ministry of Public Security may appoint housing authorities to exercise
the right set out in Point a, Point b, and Point dd Clause 1 of this Article.
Article 41. Rights and obligations of
state-owned houses authorities
Every state-owned houses authority
specified in Clause 3 Article 39 of this Decree have the following rights and
obligations:
1. Review, make statistics, classify
houses under their management; manage autonomous houses transferred by central
agencies (if any) in accordance with this Decree.
2. Develop and submit plans for housing
maintenance, renovation, reconstruction to state ownership representative
authorities of such houses for approval, or approve the plans themselves if
authorized.
3. Collect, compile, retain housing
dossiers, and transfer 01 set of as-built dossier (for new houses) or redrawing
dossier (for old houses) to the house-operating unit; the redrawing cost is
covered by state budget.
4. For Department of Construction,
establish a Council for valuating local old houses (including those under the
management of the Ministry of National Defense). The Council consists of
representatives of the Department of Construction, Department of Natural
Resources and Environment, Department of Finance, Department of Planning and
Architecture (if any), the Department of Planning and Investment, Vietnamese
Fatherland Front, Confederation of Labor, Department of Taxation of the
province. In case of valuation of houses under the management of the Ministry
of National Defense, the Council must have representatives of the Ministry of
National Defense.
5. Issue and submit the decision on
people permitted to lease official residences, lease, purchase old houses,
lease, lease-purchase state-owned social housing, lease, purchase old houses.
For houses of the Ministry of National Defense and the Ministry of Public
Security, housing authorities may decide people permitted to lease,
lease-purchase, purchase them if authorized.
6. Request the state ownership
representative authority to select a house-operating unit or select a
house-operating unit if authorized; request the state ownership representative
authority to decide the use of revenue from business operation in business
areas of relocation housing to cover the cost of maintenance of shared area and
housing operation works.
7. Pursuant to regulations of law on
brackets of rents, lease-purchase prices, selling prices of state-owned houses,
impose rents, lease-purchase prices, selling prices of houses under their
management and request the relevant state ownership representative authority to
decide.
8. Request the state ownership
representative authority to decide house withdrawal. Housing authorities
affiliated to the Ministry of National Defense and the Ministry of Public
Security may decide withdrawal of houses under the management thereof if
authorized.
9. Manage, supervise the lease,
warranty, maintenance, operation of houses; sell, lease houses under
lease-purchase agreements in accordance with this Decree.
10. Cooperate with finance authorities
in providing guidance and inspecting revenues and expenditures of
house-operating units.
11. Supervise and deal with violations,
or request competent authority to deal with violations related to management
and use of houses.
12. Submit reports on management and
use of houses in accordance with Article 47 of this Decree.
Article 42. Rights and obligations of
operating units of state-owned houses
1. Operate houses transferred by
competent authorities specified in Clause 3 Article 39 of this Decree in
accordance with this Decree and relevant regulations of law. The Ministry of
Construction shall provide instructions on housing operation; operation of
state-owned houses are given the same benefits as public services as prescribed
by law.
2. Lease out and manage the use of
houses as assigned or under housing operation contracts with the housing
authority.
3. Develop, issue internal regulations
on management and use of houses as instructed by the Ministry of Construction,
disseminate these regulations among tenants and users of houses.
4. Strictly manage the unsold areas
within state-owned houses.
5. Use part of the rents specified in
Article 44 of this Decree to cover housing operation costs.
6. Collect, retain documents related to
the construction, operation, warranty, maintenance, renovation of the houses;
remake documents that are lost and transfer them to the housing authority for
retention.
7. Maintain and renovate the houses
after a competent authority grants an approval.
8. Discover and request competent
authority to deal with violations against regulations on management and use of
houses; withdraw houses under decisions of competent authorities.
9. Cooperate with local authorities in
assurance of security and order of tenants and users of the houses.
10. Make periodic and extraordinary
reports on management and use of houses in accordance with Article 47 of this
Decree.
11. Make financial statements about
housing operation works as prescribed; perform other rights and obligations
prescribed by law.
Article 43. Conversion of official
residences; selling state-owned social housing or official residences after
conversion
1. Official residences specified in
Clause 4 Article 81 of the Law on Housing shall be converted into houses for
rent as follows:
a) The state ownership representative
authority of the official residence shall formulate a plan for house
conversion, which specifies the conditions of the official residence, reasons
for conversion, plan for management and leasing after conversion, rents,
eligible tenants, and managing agencies. The rents and eligible tenants shall
comply with regulations on leasing out state-owned social housing or decided
through bidding;
b) The state ownership representative
authority shall submit a report together with the plan to the Ministry of
Construction for review and reporting to the Prime Minister for approval;
c) If approved by the Prime Minister,
the state ownership representative authority shall approve the plan and manage,
lease out the house in accordance with the plan and written approval of the
Prime Minister, the Law on Housing, regulations on the management and use of
State-owned property, and submit annual reports to the Ministry of
Construction.
2. Where the state ownership
representative authority wishes to sell official residences after conversion as
set out in Clause 1 of this Article to reinvest in construction of other
official residences or selling social houses to reinvest in construction of
other social housing:
a) The state ownership representative
authority shall develop a plan for selling house which specifies the addresses
and quantity of the houses, reasons for selling, selling prices, land levies
payable; conditions for buying the houses; procedures for selling; methods of
payment, deadline, estimated proceeds; plan for using the proceeds to invest in
construction of other houses.
Social housing must be sold to only the
entities specified in Clause 1 Article 50 of the Law on Housing; the selling
price (including the house price of and land levy) shall comply with
regulations on selling social housing. After a official residence is converted,
the selling price shall be determined according to the remaining value of the
house and land levy shall be collected in accordance with regulations of law on
land;
b) The state ownership representative
authority shall submit a report together with the plan to the Ministry of
Construction for review and reporting to the Prime Minister for approval;
c) If approved by the Prime Minister,
the state ownership representative authority shall approve the plan and
implement it as well as the written approval of the Prime Minister;
d) The proceeds from selling houses
must be used for reinvestment in construction of social housing or official
residences. The state ownership representative authority shall send the
Ministry of Construction reports on the use of such proceeds and the Ministry
of Construction shall inspect the use of such proceeds to report to the Prime
Minister.
3. Where the Ministry of Construction
wishes to convert and sell official residences or state-owned social housing
under its management, it must submit documents as set out in Clause 1 and
Clause 2 of this Article to the Prime Minister for consideration.
Article 44. Management of proceeds from
the lease, lease-purchase, sale of state-owned houses
1. Proceeds from the lease,
lease-purchase, sale of state-owned houses shall be used for maintaining and
developing state-owned houses as follows:
a) The proceeds from leasing the houses
shall be used for maintenance and operation of state-owned houses for lease;
b) Proceeds from lease-purchase and
sale of housing, after deducting the costs of lease-purchase and sale, must be
transferred by the seller/landlord to state budget, except for the houses
specified in Clause 2 of this Article to be used for reinvestment in
construction of state-owned social housing or official residences locally.
2. Proceeds from selling old houses
under the management of the Ministry of National Defense to tenants shall be
transferred to the account of the Ministry of National Defense for reinvestment
in construction of social housing for the entities specified in Clause 6
Article 49 of the Law on Housing to purchase or lease-purchase. The Ministry of
National Defense shall consult with the Ministry of Construction about the use
of such proceeds and reinvestment in housing construction before initiating the
house. After completing the construction, the Ministry of National Defense
shall submit a report to the Ministry of Construction for summarizing and
reporting to the Prime Minister.
3. The Ministry of Finance shall take
charge and cooperate with the Ministry of Construction in providing specific
instructions on use of proceeds from house leasing for maintenance and
operation of houses for lease; specific instructions on the costs of
lease-purchase and purchase of state-owned houses specified in this Article.
Article 45. Procedures for withdrawing
state-owned houses
1. In case of withdrawal of a house as
set out in Article 84 of the Law on Housing or a state-owned house is illegally
appropriated, the house-operating unit must request the tenant, buyer/tenant,
or buyer, or person who illegally appropriates the house (hereinafter referred
to as house user), in writing, to return it within 60 days from the day on
which the request is received. If the house user fails to return the house by
the aforementioned deadline, the house-operating unit shall request the housing
authority to withdraw the house within 05 days from the deadline.
2. Within 10 days from the day on which
the request of the house-operating unit is received, the housing authority
shall verify whether the house has to be withdrawn and, if the house has to be
withdrawn, send a written request to the state ownership representative
authority of such house for issuance of a decision on house withdrawal. If the
housing authority finds that the house has to be withdrawn, it shall initiate
procedures for house withdrawal specified in this Article.
3. Within 10 days from the day on which
the request of the housing authority is received, the state ownership
representative authority shall verify whether the house has to be withdrawn
according to Clause 1 of this Article and, if the house has to be withdrawn,
issue a decision on house withdrawal and send it to the housing authority, the
house-operating unit and the house user. If the house is under the
management of the Ministry of National Defense or the Ministry of Public
Security, the housing authority may issue a decision on house withdrawal (if
authorized) and then send it to the house-operating unit, the house user, and
the state ownership representative authority.
4. A decision on house withdrawal shall
contain:
a) The legal basis for house
withdrawal;
b) Address of the house and full name
of its user;
c) Reasons for house withdrawal;
d) Name of the unit in charge of house
withdrawal, responsibility for returning the house;
dd) Deadline for house withdrawal;
e) Plan for management and use of the
house after withdrawal.
5. Within 05 days from the receipt of
the decision on house withdrawal, the house-operating unit shall send a written
notification together with a copy of the decision on house withdrawal to the
house user. The house user must return the house to the house-operating unit by
the deadline written on the decision. The house withdrawal shall be made into a
record bearing signatures of relevant parties. If the house user refuses to
receive the notification or sign the house withdrawal record, the
house-operating unit shall invite a representative of the People’s Committee of
the commune in which the house is located to witness and sign the record.
6. Within 05 days from the receipt of
the decision on house withdrawal, the house-operating unit or the housing
authority must terminate the lease or lease-purchase contract (if any)). Where
a house is withdrawn because it was sold ultra vires or against the Law on
Housing and this Decree, the buyer will receive a refund of the payment for the
house, unless the buyer used fraudulent documents to buy the house.
7. The house shall be withdrawn within
30 days from the issuance date of the decision on house withdrawal. The
house-operating unit shall withdraw student housing.
8. After the house is withdrawn, the
house-operating unit must send the housing authority a report on completion of
the house withdrawal. Withdrawn houses shall be used for the purposes specified
in the Law on Housing and this Decree.
Article 46. Procedures for enforcing
withdrawal of state-owned houses
1. Where the house user fails to return
the house according to the decision on house withdrawal specified in Article 45
of this Decree, within 05 days from the deadline specified in Clause 7 Article
45 of this Decree, the house-operating unit shall send a request to the housing
authority for enforcement of house withdrawal.
2. Within 05 days from receipt of the
request from the house-operating unit, the housing authority shall verify, send
a report and a draft decision on enforcement of house withdrawal to the state
ownership representative authority for issuance of the decision on enforcement
of house withdrawal.
3. Within 10 days from the receipt of
the report from the housing authority, the state ownership representative
authority shall verify, issue a decision on enforcement of house withdrawal
according to Article 45 of this Decree, and send this decision to the housing
authority and house-operating unit and the house user. If the decision on
enforcement of house withdrawal is issued by a Ministry or central agency, it
must be enclosed with a request that the People’s Committee of the province in
which the house is located organize the enforcement of house withdrawal.
If the house is not subject to
enforcement of house withdrawal, the state ownership representative authority
must send a written notification to the housing authority and house-operating
unit.
Housing authorities affiliated to the
Ministry of National Defense and the Ministry of Public Security may issue
decision on enforcement of withdrawal of houses under the management of such
Ministries if authorized.
4. According to the decision on
enforcement of house withdrawal, the People’s Committee of the province in
which the house is located shall directly or request the People’s Committee of
the province in which the house is located to organize the enforcement of house
withdrawal and return the house to the house-operating unit. The return of the
house must be made into a record bearing certification of the participating
agencies.
5. The enforcement of house withdrawal
shall be done within 30 days from the day on which the state ownership
representative authority issues a decision on enforcement of house withdrawal.
6. After the house is withdrawn, the
house-operating unit must send the housing authority a report on completion of
the house withdrawal. Withdrawn houses shall be used for the purposes specified
in the Law on Housing and this Decree.
Article 47. Reporting management of
state-owned houses
1. Procedures for reporting management
of state-owned houses:
a) Each house-operating unit shall
submit reports to the housing authority;
b) Each housing authority shall submit
reports on the houses under their management to the state ownership
representative authority;
c) The People’s Committees of
provinces, ministries, central agencies managing state-owned houses shall
submit reports to the Ministry of Construction on the management and use of
houses under their management;
d) The Ministry of Construction shall
submit reports on management and use of state-owned houses nationwide to the
Prime Minister.
2. Report content:
a) Each report shall specify: quantity
and usable area of each type of state-owned houses (villas, apartments,
detached houses); quantity of houses that are leased, leased under a
lease-purchase agreement, sold; total revenue from lease, lease-purchase, and
sale of houses by the time of the report; cases of house withdrawal and their
status after withdrawal;
b) The agencies specified in Clause 1
of this Article shall submit reports on management and use of houses in
December each year or at the request of the Prime Minister and the Ministry of
Construction.
Section
2: MANAGEMENT AND USE OF OFFICIAL RESIDENCES
Article 48. Entities eligible to lease
official residences
1. The entities specified in Point a
Clause 1 Article 32 of the Law on Housing may live in official residences
because of security requirements.
2. The entities specified in Point b
Clause 1 Article 32 of the Law on Housing who are appointed to hold the
position of Deputy Minister or any positions having the allowance factor of 1.3
or over in central agencies, including agencies of the Communist Party, the
State socio-political organizations (Central Committee of Vietnamese Fatherland
Front, Communist Youth Union of Ho Chi Minh City, Vietnam General Confederation
of Labor, Women's Union of Vietnam, Vietnam War Veterans' Association,
Vietnam Farmers Association)
3. The entities specified in Point b
Clause 1 Article 32 of the Law on Housing who are appointed to hold the
position of Presidents of the People’s Committee of a district, Director of a
provincial Department, or any positions having the allowance factor of 0.9 or
over in provincial agencies, including agencies of the Communist Party, the
State socio-political organizations (Central Committee of Vietnamese Fatherland
Front, Communist Youth Union of Ho Chi Minh City, Vietnam General Confederation
of Labor, Women's Union of Vietnam, Vietnam War Veterans' Association,
Vietnam Farmers Association)
4. The entities specified in Point c
through g Clause 1 Article 32 of the Law on Housing.
Article 49. Conditions for leasing
official residences
1. Every entity specified in Point a
Clause 1 Article 32 of the Law on Housing must be holding the positions.
2. Every entity specified in Point b
Clause 1 Article 32 of the Law on Housing is required to satisfy the conditions
below:
a) There is a decision on appointment
and documents proving the position allowance factor;
b) He/she has not owned a house,
leased, leased under a lease-purchase agreement, or purchased a social housing
in the area in which he/she move to work, or has owned a house in the area but
the average housing area of the household is below 15 m2 per person.
3. Every entity specified in Point b
Clause 1 Article 32 of the Law on Housing is must satisfy the conditions below:
a) There is a decision on appointment
and documents proving the position of military officer, professional
serviceman, unless it is written on the decision on appointment;
b) Housing requirements specified in
Point b Clause 2 of this Article are satisfied;
c) He/she is not required to stay in a
military camp according to regulations of the Ministry of National Defense and
the Ministry of Public Security.
4. Every entity specified in Point c
through e Clause 1 Article 32 of the Law on Housing is required satisfy the
conditions below:
a) There is a decision on appointment
which requires him/her to move to work in the area;
b) Housing requirements specified in
Point b Clause 2 of this Article are satisfied;
c) If he/she is appointed to work in a
rural plain or midland, the distance from the area the his/her residence must
be at least 30 km. If he/she is appointed to work in a rural remote area that
is extremely disadvantaged, bordering area, or an island, the People’s
Committee of the province shall decide the distance, which must not fall below
10 km.
5. Every entity specified in Point g
Clause 1 Article 32 of the Law on Housing is required satisfy the conditions
below:
a) There is a decision on appointment
as person in charge of a national science and technology task of particular
importance according to regulations of law on science and technology;
b) Housing requirements specified in
Point b Clause 2 of this Article are satisfied.
Article 50. Conditions for leasing
official residences and operation of official residences
1. The entities specified in Point a
Clause 1 Article 32 of the Law on Housing may lease official residences under
decisions of competent authorities.
2. With regard to a person specified in
Point b through Clause 1 Article 32 of the Law on Housing:
a) Such person shall submit an
application for house lease to his/her employer. Within 10 days from the
receipt of the application, the employer shall check and send a written request
to a competent authority for decision on lease of the official residence.
b) Within 20 days from the receipt of
the written request enclosed with the application, the competent authority
shall carry out an inspection and, if conditions for leasing the official
residence are satisfied, issue a decision on official residence lease or, if
such conditions are not satisfied, give a written response and provide
explanation;
c) Within 10 days from the receipt of
the decision on official residence lease, the operating unit of the official
residence shall sign a lease contract with the applicant or his/her employer.
3. Operation of official residences:
a) Official residences of central
agencies (except for those of the Ministry of National Defense and the Ministry
of Public Security) shall be operated by organizations or units capable of
housing operation. Official residences in remote areas, extremely disadvantaged
areas, bordering areas, and islands shall be operated by local house-operating
units;
b) The Ministry of National Defense and
the Ministry of Public Security shall select operating units of their official
residences;
c) Local official residences for
officials of provincial agencies shall be operated by local house-operating
units. If such units are not available, the Department of Construction shall
establish an affiliated department to operate them and purchase official
residence operation services;
d) Local official residences for
officials of district agencies shall be operated by local house-operating units
or housing authority of the district;
dd) Official residences or teachers,
doctors, health workers within other premises or adjacent to a school or
medical facility may be operated by such school or medical facility.
4. The Ministry of Construction shall
provide the forms of applications for lease of official residences, official
residence lease contracts, and issue regulations on management and use of
official residences.
Article 51. Rents for official
residences and payment thereof
1. Rents for official residences shall
be determined in accordance with Article 33 of the Law on Housing.
2. Payment of rents for official
residences:
a) A tenant of an official residence
shall pay the rent in accordance with the concluded lease contract at the time
of receiving wages from the State. If the tenant fails to pay the rent for 03
consecutive months, the operating unit of official residence shall request the
employer of the tenant to deduct the rent from his/her wages. The employer of
the tenant must transfer the rent to the house-operating unit;
b) In case of leasing commercial
housing as an official residence the rent for which is higher than the rent
payable by the tenant, the tenant shall pay no more than 10% of his/her wage at
that time and state budget shall cover the difference. Central government
budget shall cover the rents payable by officials of central agencies, local
government budgets shall cover the rents payable by officials of local
agencies.
Procedures for paying the
aforementioned differences shall comply with instructions of the Ministry of
Finance;
c) Where the operating unit of the
official residence signs a lease contract with the employer of the tenant, the
employer shall deduct the rent from his/her wages to pay the operating unit.
3. The Ministry of Finance shall
provide instructions on the use of collected rents for maintenance and for
covering the official residence operation cost. If the rents are not
sufficient, state budget shall cover the difference.
4. The Ministry of Construction shall
provide instructions on determination of rents for official residences.
Section
3: MANAGEMENT AND USE OF SOCIAL HOUSING
Article 52. Conditions for leasing,
lease-purchasing state-owned social housing
1. The entities specified in Clause 1
Article 50 of the Law on Housing may lease or lease-purchase state-owned social
housing.
Students specified in Clause 9 Article
49 of the Law on Housing may lease social housing during their study period. If
the quantity of social housing is not sufficient to satisfy all demands, the
following order of priority shall apply: students of families that are
beneficiaries of preferential policies, poor households, near-poverty
households as defined by the State; students from remote areas; excellent
students; freshman students.
2. A tenant of a state-owned social
housing must satisfy requirements in terms of housing, residence, and income
specified in Clause 1 Article 51 of the Law on Housing. If the tenant already
owns a house, the average area in the household must be less than 10 m2
per person.
Income requirements shall not apply to entities
specified in Clause 10 Article 49 of the Law on Housing, provided they have not
received any compensation from the State in the form of housing or residential
land.
3. In case of lease-purchase of
state-owned social housing, the buyer/tenant must satisfy conditions specified
in Clause 2 of this Article and pay the first installment which is 20% of the
value of the house being leased under a lease-purchase agreement. The first
installment may be increased to 50% of the value of house.
Article 53. Application for leasing,
lease-purchasing state-owned social housing
1. An application for leasing,
lease-purchasing a state-owned social housing consists of:
a) An application form for leasing,
lease-purchasing a state-owned social housing;
b) Documents proving the eligibility
and fulfillment of requirements in terms of housing, residence, and income
specified in Article 52 of this Decree;
c) Documents proving the eligibility
for exemption or reduction of rents (if any).
2. The Ministry of Construction shall
provide the application forms for lease and lease-purchase of social housing;
provide specific guidance on documents proving the conditions of the house,
documents proving fulfillment of housing, income requirements specified in
Point b Clause 1 of this Article, and documents proving eligibility for
exemption or reduction of rents specified in Point c Clause 1 of this Article.
Article 54. Procedures for withdrawing
state-owned houses
1. Any person who wishes to lease or
lease-purchase a state-owned social housing shall submit 02 applications as set
out in Clause 1 Article 53 of this Decree to the local house-operating unit or
housing authority. Apart from the documents specified in Clause 1 Article 53 of
this Decree, the application-receiving body must not request the application to
submit any other documents.
2. The application-receiving body shall
check and classify the application and immediately notify the applicant if the
application does not have adequate documents. If applications are received by
the house-operating unit, it must send a list of persons eligible applicants
together with legitimate applications to the housing authority.
3. According to the list of applicants,
the housing authority shall directly consider or establish a Council to consider
each application in order to determine eligible applicants and applicants given
priority (if any).
The housing authority shall send a list
of eligible applications and applications given priority together with the
records to the state ownership representative authority, and a list of
ineligible or rejected applications to the house-operating unit in order to
notify the applicants.
4. According to the report of the
housing authority, the state ownership representative authority shall issue a
decision to approve the list of eligible applicants and send it to the housing
authority in order to sign lease-purchase contracts, or house-operating unit in
order to sign lease contracts.
5. The deadline for processing an
application is 30 days from the day on which the operating unit receives the
satisfactory application. If the application has to be considered or graded,
the time limit shall not exceed 60 days.
6. Rights and obligations of tenants
and buyer/tenants of state-owned social housing shall comply with the Law on
Housing and the lease or lease-purchase contracts.
7. The Ministry of Construction shall
provide the forms of lease contracts and lease-purchase contracts; specific
guidance on criteria for selecting eligible applicants, management and use of
state-owned student housing.
Article 55. Rents and lease-purchase
prices of state-owned social housing, cost of management and use of state-owned
social housing
1. Rents for state-owned social housing
shall be determined in accordance with Clause 1, Clause 3, and Clause 4 Article
60 of the Law on Housing. Lease-purchase prices of state-owned social housing
are determined in accordance with Clause 2 through 4 Article 60 of the Law on
Housing minus the housing maintenance fees paid by the buyer/tenant as specified
in Article 108 of the Law on Housing.
2. Apart from paying the rent or
lease-purchase price as set out in Clause 1 of this Article, the tenant or
buyer/tenant must pay the costs of management and use of the house, including
operating cost, payment for electricity and water supply, communications,
televisions, and other services in accordance with regulations of law and
agreements with service providers.
3. The Ministry of Construction shall
provide specific guidance on determination of costs, rents, and lease-purchase
prices of state-owned social housing.
Article 56. Management and use of
state-owned social housing
1. The management and use of
state-owned social housing must comply with Article 64, Section 2 Chapter VI of
the Law on Housing, and Article 38 of this Decree.
2. Tenants of social housing shall be
given exemption/reduction of rents similarly to leasing state-owned old houses
specified in Article 59 of this Decree. With regard to households and
individuals that lease-purchase or purchase social housing for relocation,
after paying the price under the contract and obtaining the Certificate, they
shall have the rights and obligations of the house owner specified in the Law
on Housing.
3. State-owned social housing shall be
operated by units or organizations licensed for housing operation. The
house-operating unit shall monitor and report the management of use of such
houses in accordance with Article 47 of this Decree.
If there is no house-operating unit in
the province or one that satisfy requirements of the Law on Housing, the
Department of Construction of the province shall establish a affiliated
department in charge of housing operation and purchase housing operation
services; the cost of housing operation shall be covered by the rents and local
government budget.
Section
4. LEASING STATE-OWNED OLD HOUSES
Article 57. Conditions for leasing
state-owned old houses
1. Entities eligible to lease
state-owned old houses specified in this Decree are people who are using such
houses and wish to keep leasing them, including those provided with the houses
before November 27, 1992 (issuance date of the Prime Minister’s Decision No.
118/TTg on house rents and inclusion of house rents in wages), and the people
provided with houses specified in Clause 1 Article 61 of this Decree, except
for illegal appropriation of houses.
2. A person may lease state-owned old
house in the following cases:
a) If the house is being used by a
person who has a lease contract in which he/she is a party, the lease contract
is not required to be renewed, unless the contract has expired.
b) If the house is being used by a
person without a lease contract but there is a decision on housing provision in
which he/she is a recipient, he/she must sign a contract with the
house-operating unit;
c) If the house is being used by a
person who has a lease contract in which he/she is not a party and the house is
not in dispute, he/she may sign a lease contract with the house-operating unit
in accordance with Article 60 of this Decree;
d) If the house is being used by a
person who has a decision on housing provision in which he/she is not a
recipient, and the house is not in dispute, he/she must sign a contract with
the house-operating unit in accordance with Article 60 of this Decree.
Illegally appropriated houses shall be
withdrawn in accordance with Article 45 and Article 46 of this Decree.
Article 58. Rents for state-owned old
houses
1. With regard to a building that was
not originally a house but put into use as a house before July 05, 1994 (issuance
date of the Government's Decree No. 61/CP) without renovation or
reconstruction, the rents for unrenovated or unreconstructed state-owned houses
imposed by the Prime Minister shall apply.
2. With regard to a house specified in
Clause 1 of this Article but has been renovated or reconstructed by the State,
a building that was not originally a house but put into use as a house before
July 05, 1994 (issuance date of the Prime Minister’s Decision No.
09/2007/QĐ-TTg), the rents for state-owned social housing shall apply.
Article 59. Exemption and reduction of
rents for state-owned old houses
1. Exemption and reduction of rents for
state-owned old houses shall be granted as follows:
a) The person granted exemption and/or
reduction of rents must be a party to the lease contract (the representative in
the contract or another member in the contract);
b) A tenant is only granted exemption
and/or reduction of rents once. A person who leases more than one state-owned
houses shall be granted exemption and/or reduction of rents for only one house;
c) If a person is eligible for various
levels of exemption and/or reduction of rents, the highest level shall apply;
d) If a household has two or more
tenants who are eligible for rent reduction, the household shall be granted an
exemption of house rents.
2. Entitles eligible for exemption
and/or reduction of rents for old houses include:
a) Meritorious servicemen defined by
regulations of law on incentives for meritorious servicemen;
b) Poor households, near-poverty
households according to standards issued by the Prime Minister;
c) The disabled, lonely elders, and
entities facing housing difficulties in urban areas.
3. The level of exemption and/or
reduction of rents specified in Clause 2 of this Article shall be decided by
the Prime Minister.
Poor households, near-poverty
households, the disabled, lonely elders, and entities facing housing
difficulties in urban area shall be granted 60% reduction of house rents. This
reduction applies to the whole household, not each member therein.
Article 60. Documentation and
procedures for leasing state-owned old houses
1. An application for leasing a
state-owned old house consists of:
a) An application form;
b) Documents proving the use of the
house specified in either Point b, Point c, or Point d Clause 2 Article 57 of
this Decree;
c) A copy of the unexpired ID card or
passport or serviceman’s card of the applicant; for spouses, a certified true
copy of the family register or marriage certificate;
d) Copies of documents proving the
eligibility for exemption or reduction of rents (if any).
2. Procedures for leasing old houses in
the case specified in Point b Clause 2 Article 57:
a) The applicant shall submit 02
applications as set out in Clause 1 of this Article to house-operating unit or
housing authority (specified by the People’s Committee of the province);
b) The application-receiving body shall
examine the application and issue a receipt note; notify the applicant in
writing if the applicant is not eligible; request the applicant to supplement
the application if documents are not adequate. If the application is received
by a house-operating unit, the housing authority must be notified;
c) If the application is satisfactory,
the housing authority shall send a proposal together with a draft decision on
eligible tenant approval to the state ownership representative authority;
d) According to the proposal of the
housing authority, the state ownership representative authority shall issue a
decision on eligible tenant approval , send it to the housing authority
in order to request the operating unit to sign the lease contract. Where the
housing authority is authorized to decide eligible tenants of old houses under
the management of the Ministry of National Defense, the housing authority shall
issue the decision on eligible tenant approval .
After the decision on eligible tenant
approval is issued, the house-operating unit shall sign a lease contract
with the tenant.
3. Procedures for signing a lease
contract with the tenant as set out in Point c and Point d Clause 2 Article 57
of this Decree:
a) Where the house user is given the
right to lease the house before June 06, 2013, which is the issuance date of
the Government's Decree No. 34/2013/NĐ-CP dated April 22, 2013 on management of
state-owned houses (hereinafter referred to as Decree No. 34/2013/NĐ-CP), the
applicant shall submit 02 applications specified in Clause 1 of this Article to
the house-operating unit or housing authority (specified by the People’s
Committee of the province). The application-receiving body shall examine it
and, if it is satisfactory, publish information about the leased house on 03
issues of a local paper on its website. If the application is received by a
housing authority, the house-operating unit shall publish such information.
After 30 days from the last publication
day, if not dispute arises over the leased house, the house-operating unit
shall sign a contract with the tenant and send a report to the housing
authority. Where a dispute over the house arises, the lease contract shall only
be signed after the dispute is settled.
b) If the house user is given the right
to lease the house from June 06, 2013, the applicant shall submit 02
applications as set out in Clause 1 of this Article to house-operating unit or
housing authority (specified by the People’s Committee of the province);
If the application is received by a
housing authority, it shall examine the application and, if no dispute arises,
issue a written approval for the transfer of the right to lease and send it
together with a copy of the application to the house-operating unit in order to
sign a contract with the tenant. If the application is received by the
operating unit, it shall examine the application and notify the housing
authority in order to issue a written approval for the transfer of the right to
lease before signing the contract. If the housing authority does not approve,
the applicant must be informed.
4. If the lease contract is signed or
renewed but the actual housing area is not consistent with that in the
document, the house-operating unit shall check and redetermine the legal
housing area before signing the lease contract.
5. The application shall be processed
within 30 days from the day on which the satisfactory application is received.
6. The Ministry of Construction shall
provide the forms of application, lease contract, and documents proving the use
of old houses.
Article 61. Leasing houses and
buildings that were not originally houses but put into use as houses from November 27, 1992 to
before January 19, 2007
1. The State shall lease it out in
accordance with this Decree in the following cases:
a) The construction of the house
invested by state budget is permitted by competent authority before November
27, 1992 but was not complete until November 27, 1992, and then leased out to
officials and workers according to the Prime Minister’s Decision No. 118/TTg.
b) A person who had leased the house
before November 27, 1992 and was assigned to another area, the State requests
that the house be returned, and the person is provided with another house to
lease after November 27, 1992;
c) A house or a building that was not
originally a house is put into use as a house during the period from November
27, 1992 to before January 19, 2007;
d) A house or a building that was not
originally a house is put into use as a house during the period from July 95,
1994 to before January 19, 2007.
2. The rents in the cases specified in
Clause 1 of this Article:
a) If the houses specified in Point a,
Point b, and Point c have not been renovated or reconstructed, the rents for
unrenovated and unreconstructed houses decided by the Prime Minister shall
apply. If such houses have been renovated or reconstructed, the rents for
state-owned social housing shall apply;
b) The rents for state-owned social
housing shall apply to the houses specified in Point d Clause 1 of this
Article.
3. A building is put into use as a
house from January 19, 2007 shall be dealt with in accordance with regulations
on management state-owned real estate.
Section
5. SELLING STATE-OWNED OLD HOUSES
Article 62. Types of state-owned old
houses banned from selling
1. The following types of state-owned
old houses must not be sold:
a) Houses in areas intended for
construction of official residences, key constructions of national importance
or provincial importance;
b) The house or its land has been
withdrawn under a decision of a competent authority;
c) Building that was not originally a
house but put into use as a house and is subject to rearrangement of
state-owned real estate;
d) Any house associated with a ranked
historical or cultural site according to a decision of a competent authority;
any house in a planning for construction of official residences, office
building, school, hospital, park, public works approved by a competent
authority;
dd) Seriously damaged apartment
building that is likely to collapse and threaten the safety of its user
according to a conclusion of the Department of Construction of the province in
which the apartment building is located; any apartment that is yet to be
renovated by the State, unless the tenant has renovated it before this Decree
comes into force and use it independently, voluntarily under a written
commitment;
e) Any villa on the list of villas
banned from selling compiled by the People’s Committee of the province and approved
by the Prime Minister before this Decree comes into force.
The villas included in the list after
the Prime Minister grants an approval are also managed according to the
criteria established by the People’s Committee of the province and reported to the
Prime Minister before this Decree comes into force.
2. Houses banned from selling specified
in Clause 1 of this Article shall be handled on a case-by-case basis.
Article 63. Conditions for buying and
selling state-owned old houses
1. Buyers of state-owned old houses
must be eligible for housing provision as set out in Clause 1 Article 57 of
this Decree.
2. Buyers of state-owned old houses
must satisfy the following conditions:
a) There is a lease contract with a
house-operating unit and is a party thereto (including the representative and
other members aged 18 or over); if the contract is undersigned by more than one
member, they must appoint a representative to sign the house purchase contract
with the housing authority;
b) The rents have been paid sufficiently
under the lease contract as well as housing operating costs at the time of
signing the house purchase contract;
c) There is an application for purchase
of the old house being leased.
3. Conditions for selling a house or a
building that was not originally a house but put into use as a house before
July 05, 1994:
a) The house is not one of those
specified in Article 62 of this Decree;
b) The house is not under dispute;
c) In case an old house has to undergo
public ownership establishment process under the National Assembly’s Resolution
No. 23/2003/QH11 dated November 26, 2013 and Resolution No.
755/2005/NQ-UBTVQH11 dated April 02, 2005, a competent authority must complete
the procedures for public ownership establishment and sign the lease contract before
selling the house;
d) In case of selling a house that was
not originally a house but put into use as a house before July 05, 1994, it
must satisfy the following conditions: its land must be independent or separate
from the premises of an office building; the house has a separate path and does
not block the front of an office building, does not affect the surrounding
space and landscape; the house is not being used by any agency or unit, and
conformable with the local land-use planning which is approved by a competent
authority. The agency or unit that no longer needs to use the house shall
transfer it to the People’s Committee of the province in which it is located,
except for houses under the management of the Ministry of National Defense.
4. In case of selling a building that
was not originally a house but put into use as a house during the period from
July 05, 1994 to before January 19, 2007, Article 70 of this Decree shall
apply.
5. In case a building that was not
originally a house is put into use as a house before July 05, 1994 and does not
satisfy the conditions in Point d Clause 3 of this Article, and building
provided as a house from January 19, 2007, regulations of law on management of
state-owned real estate shall apply.
Article 64. Agencies in charge of
selling state-owned old houses
1. The People’s Committees of provinces
and the Ministry of National Defense are responsible for selling houses and
appointment of housing authorities in charge of selling state-owned old houses
in accordance with this Decree.
2. If the Ministry of National Defense
wishes to transfer old houses under the its management to the People’s
Committees of provinces in which they Article located for management and sale,
the Ministry of National Defense shall reach agreements with them on the
transfers. After receiving the old houses from the Ministry of National
Defense, the People’s Committees of the provinces are their state ownership
representative authorities and responsible for managing, leasing out, and
selling them in accordance with this Decree.
Article 65. Selling prices of
state-owned old houses
The selling price of any old house put
into use before July 05, 1994 (including those having undergone public
ownership establishment set out in Point c Clause 3 Article 63 of this Decree),
including the house price and land levy, regardless of the quantity of houses
purchased at a time. To be specific:
1. The house price is determined
according to the remaining value of the house and price adjustment coefficient.
The remaining value of the house equals (=) the rate of remaining value
multiplied by (x) price of a new house imposed by the People’s Committee of the
province applicable at the time of concluding the purchase contract and
multiplied by the usable area of the house.
With regard to a villas in which more
than one households live and that has a shared area, this shared area shall be
divided according to the ratio of use area of each household. With regard to a
class IV house that has been had dismantled and rebuilt by the tenant before
this Decree comes into force, its remaining value is 0 (zero).
2. The land levy is determined
according to the land price list issued by the People’s Committee of the
province applicable at the time of concluding the purchase contract and depends
on the location and number of stories of the house. To be specific:
a) For a multi-story house in which
more than one households live, the land levy is 10% of the land price when
transferring land use right and divided among the stories according to the
coefficient of each story;
b) With regard to a single-story house
and multi-story house in which only one household lives, a villa in which one
or more households live, the land levy is 40% of the land price when
transferring the right to use the area of land within the limit imposed by the
People’s Committee of the province for each household. The land levy the area
of land that exceeds the limit imposed by the People’s Committee of the
province is equal to 100% of the land price;
c) With regard to a villa in which more
than one households live, the land area for calculating land levy incurred by
each households includes the private are that is not in dispute, the area of
land in which the villa is built shall be divided among the households according
to the living area of each household and the coefficient of each story; the
shared area in the villa shall be divided by the number of households in the
villas. The People’s Committee of the province shall specify the division of
land area when selling villas depending on the conditions of each area;
d) With regard to detached houses
facing the streets that are appropriate for business, the People’s Committee of
each province shall decide the land price coefficient (k) according to the land
price issued by the People’s Committee of the province to calculate land levies
when selling houses and transfer the right to use the land associated with the
houses;
dd) With regard to an old house the
construction of which is paid by certain persons, not the state budget, its
price shall be calculated in accordance with Clause 1 of this Article and the
buyers shall have such the amount contributed previously deducted (according to
the ratio of contribution to total value of the house upon the completion of
its construction). Land levies shall comply with this Clause.
3. With regard to a single-story or
multi-story house in which more than one households live, if it has a shared
area, only sell the shared areas to households using the house if they reach a
consensus on the division of the area among the households. If such consensus
is not reached, the housing authority shall not sell this area and keep
managing it in accordance with this Decree.
4. The Ministry of Construction shall
provide specific guidance on house prices, determination of remaining value of
houses, price adjustment coefficients, coefficients of stories when
transferring land use right of multi-story houses and houses in which more than
one households lives.
Article 66. Rules for exemption and
reduction of selling prices for state-owned old houses
1. The selling price of a state-owned
old house includes the house price and land levy.
2. The exemption and/or reduction of
land levies when selling a house and land use right must comply with the rules
below:
a) The exemption and/or reduction of
land levies when selling a state-owned old house is only granted once to the
buyer. Where a buyer is eligible for multiple levels of reduction, the highest
level shall apply. Where multiple members of a household are eligible for
reduction of land levy, the reductions may be accrued but the total reduction
must not exceed the amount of land levy payable by the buyer;
b) Do not grant exemption and/or
reduction of land levies in the cases mentioned in Point c and Point d Clause 1
Article 61, Clause 1 and Clause 3 Article 71 of this Decree;
c) A person that was granted exemption
and/or reduction of land levies when buying state-owned houses or receiving
land from the State to build houses, or receive monetary support for house
improvement before this Decree comes into force shall not be granted exemption
and/or reduction of land levies when receiving land use right associated with
the house purchased in accordance with this Decree.
3. Rules for reduction of house prices:
a) Reduction of house prices must not
be duplicated in terms of time of beneficiaries. Each person shall be granted
only one reduction when buying a house he/she is leasing;
b) Do not grant reduction of house
prices in the cases mentioned in Point c and Point d Clause 1 Article 61, and
Clause 1 Article 71 of this Decree;
c) Where a household has more than one
members who are enumerated on the same house lease contract or reside in the
same house which is eligible for house price reduction, the reduction may be
accrued but the total reduction must not exceed the price payable (exclusive of
land levy);
d) The number of years as the basis for
calculation of house price reduction is the years of working in the agencies,
units under the management of the State at the time of signing the house
purchase contract. When calculating the number of working years, the number of
months of an incomplete year that is six or less shall be rounded up to half a
year, and the number of months that is more than six shall be rounded up to a
year.
Article 67. Entities eligible for
exemption and reduction of selling prices for state-owned old houses
1. The entities eligible for exemption
and/or reduction of land levies when buying state-owned houses include:
a) Meritorious servicemen defined by
regulations of law on incentives for meritorious servicemen;
b) Poor households, near-poverty
households according to standards issued by the Prime Minister;
c) The disabled, lonely elders, and
entities facing housing difficulties in urban areas.
2. Entities eligible for reduction of
houses prices when buying state-owned old houses include:
a) Officials and workers of
administrative agencies, Communist Party agencies and associations whose wages
are paid by state budget;
b) People in the armed forces whose
wages are paid by state budget;
c) Non-commissioned officers and
soldiers who operate in battlefields A, B, C, K and receive allowances;
d) Officials of communes and wards
whose wages are paid by state budget or receiving allowances according to the
rates imposed by the State;
dd) Workers who have work for at least
a year in state-owned enterprises, organizations, units permitted to do
business within administrative agencies, Communist Party agencies and
associations;
e) The entities specified in Point a,
b, c, and d of this Clause who are appointed to work in foreign-invested
companies, industrial parks, export-processing zones, hi-tech zones, economic
zones, trade representative offices established and operating in Vietnam,
diplomatic missions, international organizations, non-governmental
organizations, foreign press agencies, radio and television agencies in
Vietnam, and units of other economic sectors;
g) People receiving pensions,
compensation for loss of capacity for work, occupational accident benefits, or
occupational disease benefits, benefits for rubber plantation workers, lump-sum
social insurance payout, severance pay before and after the promulgation of
Decision No. 111/HĐBT dated April 12, 1991 of Minister Council (now the Government)
or before and after the promulgation of the Labor Code 1994;
h) People working in the armed forces
who receive wages but are not eligible to receive monthly pension, compensation
for loss of capacity for work, and receive veteran benefits instead; people who
are discharged from the army before 1960;
i) The entities specified in Clause 1
of this Article.
Article 68. Levels of exemption and
reduction of selling prices for state-owned old houses
1. The level of exemption and/or
reduction of land levies for the entities specified in Clause 1 Article 67 of
this Decree shall be decided by the Prime Minister.
Poor households, near-poverty
households, the disabled, lonely elders, and entities facing housing
difficulties in urban area shall be granted 60% reduction of land levies. This
reduction applies to the whole household, not each member therein.
2. Levels of reduction of house prices
for entities specified in Clause 2 Article 67 of this Decree:
a) For each year of working, the buyer
will receive a reduction equal to 0.69 time the minimum wage applied to
officials, civil servants, the armed forces as specified by the Government. If
the buyer used to work in the armed forces, each year of working in the armed
force will be given a reduction equal to 1.24 times the minimum wage mentioned
above;
b) Meritorious servicemen, members of
poor households, near-poverty households, the disabled, and lonely elders whose
total reduction is smaller than 6.9 times the minimum wage shall receive a
reduction equal to 6.9 times the minimum wage for each people. If the number of
working years as the basis for determination of reduction is not available, the
reduction of 6.9 times the minimum wages shall apply.
For poor households, near-poverty
households, the reduction applies to the whole household, not each member
therein.
Article 69. Documentation and
procedures for selling state-owned old houses
1. An application for purchase of a
state-owned old house consists of:
a) An application form;
b) A copy of the unexpired ID card or
passport or serviceman’s card of the applicant; for spouses, a certified true
copy of the family register or marriage certificate;
c) A valid lease contract; documents
proving full payment of rents and housing operation costs at the time of
submitting the application.
If the person who signs the lease
contract has gone abroad, it is required to have a document authorizing another
member to sign the house purchase contract (notarized or authenticated by a
competent authority). If the person who signs the lease contract is dead, it is
required to have a death certificate.
Where a member renounces his/her right
to buy the house and has his/her name written on the Certificate, it is
required to have a letter of renouncement and commitment to not file any
lawsuit or appeal against this transaction.
d) Documents proving the eligibility
for exemption or reduction of house price (if any).
2. Procedures for selling state-owned
old houses:
a) The buy shall submit an application
to the house-operating unit or housing authority (specified by the People’s
Committee of the province);
b) The application-receiving body shall
receive the application, issue a receipt note, check the application, and make
a list of buyers. According to the applications for purchase of old houses, the
Department of Construction shall hold a meeting of the Council to determine
selling prices of houses and land use right. After the Council determines
selling prices of houses and land use right, the Department of Construction
shall make and send a list of eligible buyers together with a price list to the
state ownership representative authority for consideration and decision.
With regard to old houses under the
management of the Ministry of National Defense, the application-receiving body
shall request the Council to hold a meeting to determine the prices, then
submit the prices to the Ministry of National Defense for decision;
c) According to report submitted by the
housing authorities, the state ownership representative authority shall
consider issuing a decision to sell old houses which specifies the eligible
buyers, addresses of the houses, selling prices of the houses and land use
right, then send such decision to the housing authorities and house-operating
units for them to conclude house purchase contracts;
d) After receiving the decision to sell
old houses, the house-operating unit shall notify the buyer of the specific
time for concluding the house purchase contract with the housing authority;
dd) The time limit for selling old
houses is 45 days from the day on which the house-operating unit receives the
satisfactory application. This period shall not be included in the time limit
for fulfilling financial obligations and time limit for competent authority to
issue the Certificate to the buyer.
The Certificate shall be issued to the
buyer in accordance with regulations of law on land. The Certificate issuer
shall send a list of buyers issued with the Certificates and a copy of each
Certificate to the Department of Construction;
e) If the buyer has not concluded the
contract after 90 days from the day on which the house-operating unit sends a
notification of the time for contract conclusion and the land price imposed by
the People’s Committee of the province is changed, the housing authority shall
request the People’s Committee of the province to approve the new price before
concluding the contract with the buyer.
3. The Ministry of Construction shall
provide specific forms of application for purchase of old houses, documents
proving the eligibility for exemption or reduction of house prices, documents
for buying houses, trading procedures, and forms of old house purchase contract
(if any).
Article 70. Selling houses and
buildings that were not originally houses but put into use as houses from
during the period from July 05, 1994 to before January 19, 2007
1. A house or a building that was not
originally a house is put into use as a house during the period from July 95,
1994 to before January 19, 2007 (including those that have undergone the
process of public ownership establishment specified in Point c Clause 3 Article
63 of this Decree) shall be sold as follows:
a) The buyer must satisfy requirements
set out in Clause 2 Article 63 and the house must satisfy requirements set out
in Clause 3 Article 63 of this Decree;
b) The selling price includes the house
price and land levy;
c) The house price is determined
according to the remaining value of the house multiplied by (x) price of a new
house imposed by the People’s Committee of the province applicable at the time
of concluding the purchase contract and multiplied by the usable area.
d) The land levy is equal to 100% of
the land price imposed by the People’s Committee of the province applicable at
the time of concluding the purchase contract (inclusive of land levy if the
house is one of those specified in Point d Clause 2 Article 65 of this Decree),
regardless of whether the area exceeds the limit of residential land area or
not.
2. In case a house or building that was
not originally a house and is put into use as a house during the period from
July 05, 1994 to before January 19, 2007 does not satisfy conditions for
selling specified in Point a Clause 1 of this Article, regulations of law on
management of state-owned real estate shall apply.
Article 71. Selling shared areas of
houses and transfer of rights to use land areas adjacent to state-owned old
houses
1. Where the State has sold all of the
private areas of a house in which more than one households live but has not
sold the shared area therein and has not transferred the right to use the
shared land area therein, if the organization, household, or individual that
owns the entire area sold by the State wishes to buy such shared area:
a) The buyer must pay the house price
and land levy on such shared area;
b) The house price equals (=) the
remaining value of the house multiplied by (x) the price of a new house imposed
by the People’s Committee of the province applicable at the time of concluding
the purchase contract and multiplied by the usable area;
c) The land levy is equal to 100% of
the land price imposed by the People’s Committee of the province applicable at
the time of concluding the purchase contract (inclusive of land levy if the
house is one of those specified in Point d Clause 2 Article 65 of this Decree);
d) Before selling the shared area, the
selling authority is not required to conclude a contract to lease such area.
2. If the State has not transfer the
right to use the area adjacent to a state-owned old house when selling the
house according to Decree No. 61/CP or Decree No. 34/2015/NĐ-CP, such area
shall be settled as follows:
a) The right to use the area adjacent
to the state-owned house shall be transferred to the person who is lawfully
using the house if such area is not in dispute and is conformable with the
housing construction planning and land-use planning;
b) Land levy is 40% of the land price
if the area does not exceed the limit, and 100% if the area exceeds the limit
on residential land within such state-owned house (limit on residential land
includes the land area having the house and the adjacent area). The land price
as the basis for calculating land levy may apply the land price list issued by
the People’s Committee of the province applicable at the time of transfer the
right to use such area. Land levy on the area outside the premises of the
state-owned old house shall be collected in accordance with regulations of law
on land.
3. If the house is built on an empty
land within the premises of a state-owned house in accordance with housing
construction planning and land-use planning, and the area is not in dispute,
the person who is using this land area shall have his/her land use right
recognized by the State. The land levy in this case is 100% of the land price
imposed by the People’s Committee of the province applicable at the time of
recognizing the land use right.
4. The housing authority shall
cooperate with the People’s Committees of districts in managing the shared area
that is not purchased by the house owner in accordance with this Decree,
regulations of law on housing and land.
5. Pursuant to this Decree, the
People’s Committee of the province shall regulate documents and procedures for
the cases specified in Clause 1 through 3 of this Article, provide funding for
measuring, drawing, making documents, and managing shared areas as set out in
Clause 4 of this Article.
6. The Ministry of Construction shall
provide specific guidance on Clause 1 and Clause 2 of this Article.
Chapter
VI. HOUSING
TRANSACTION
Article 72. Documents proving
fulfillment of conditions in the case the Certificate is exempt
Documents proving fulfillment of
conditions in the case specified in Clause 2 Article 118 of the Law on Housing:
1. In case of mortgage of an
off-the-plan house, it is required to have the documents specified in Clause 1
Article 148 of the Law on Housing; in case of mortgage of an off-the-plan
commercial house, it is required to have the documents specified in regulations
of law on real estate trading and Point b Clause 2 Article 19 of this Decree.
2. In case of gifting a charitable
house, it is required to have documents proving the construction the houses by
the givers.
3. In case of lease of a state-owned
old house, it is required to have documents specified in Article 60 of this
Decree; in case of purchase of a state-owned old house, it is required to have
the documents specified in Article 69 of this Decree.
4. In case of purchase, lease-purchase
of a social housing (including cases in which the social housing is purchased
or leased under a lease-purchase agreement for relocation), it is required to
have the documents specified in Article 63 of the Law on Housing.
5. In case of purchase of a relocation
house under a project, it is required to have the Certificate or decision on
land transfer, decision on approval for the project issued by a competent
authority, and documents of the approved project, license for construction (if
required), and acceptance documents.
6. Where a household or individual
purchases a commercial housing for relocation, it is required to enclose a
house purchase contract or housing order contract between the commercial
housing construction project investor and the unit in charge of providing
relocation housing with documents of the approved project. In case of purchase
of an existing house, it is required to have documents about acceptance of the
house as set out in regulations of law on construction. In case of purchase of
a off-the-plan house, it is required to have a record on acceptance of the
house foundation as set out in regulations of law on construction.
7. In case of purchase of a house
specified in Clause 4 Article 62 of the Law on Housing, it is required to have
a purchase contract or lease contract with the social housing construction
project investor enclosed with the record on house transfer and documents
proving full payment for the purchase or rent to the investor.
8. In case of inheritance of a house,
it is required to have the following documents:
a) for a house offered, an
offering contract or document about the offering enclosed with documents
proving the giver’s house ownership (if any);
b) for a house purchased or leased
under a lease-purchase agreement, an purchase contract or lease-purchase
contract enclosed with documents proving the seller’s/landlord’s house
ownership, or documents proving the construction of the house;
c) If the house is new, it is required
to have a license for construction (if required) and documents proving the
bequeather’s land use right as set out in regulations of law on land;
d) In case of inheritance under a
decision of the people’s court, it is required to have the judgment or
effective decision of the court.
9. In case of leasing, borrowing,
temporary stay, authorizing house management (except for lease of state-owned
old houses), the landlord, lender, authorizer must have a purchase contract or
lease contract with the investor in the housing construction project if the
house is purchased or leased under a lease-purchase agreement from the
investor, or a license for construction or document proving the house ownership
according to civil law, regulations of law on land if the house is newly built.
Article 73. Time-limited sale of
housing
1. The seller may sell a house together
with the right to use land or right to lease land of such house for a limited
period of time. During the house and land ownership period, the seller must not
unilaterally terminate the contract, unless otherwise agreed by both parties.
The Certificate shall be issued to the buyer in accordance with Clause 1
Article 7 of this Decree.
2. At the end of the house ownership
period written on the contract, the house shall be settled in accordance with
Article 8 of this Decree.
3. During the house ownership period,
any party that violates the purchase contract shall incur a fine and pay
damages as agreed in the contract. Any dispute over the house purchase contract
shall be resolved by a People’s Court in accordance with law.
Chapter
VII. OWNERSHIP
OF HOUSING IN VIETNAM BY FOREIGN ENTITIES
Article 74. Documents proving
eligibility for owning houses in Vietnam.
1. A foreign individual must have an
unexpired passport bearing the entry seal of the Vietnam’s immigration
authority and not given diplomatic immunity and privileges according to
Ordinance on diplomatic immunity and privileges of diplomatic missions,
consular offices, and representative authorities of international organizations
in Vietnam.
2. A foreign organization must be an
entity specified in Article 159 of the Law on Housing which has investment
registration certificate or a permission issued by a Vietnam’s competent
authority for operation in Vietnam which is still unexpired at the time of
housing transaction (hereinafter referred to as investment registration
certificate).
Article 75. Areas in which foreign
entities may own houses
1. Foreign entities may only own houses
(including apartments and detached houses) of commercial housing construction
projects, except for those in areas having national defense and security
requirements prescribed by Vietnam’s regulations of law.
2. The Ministry of National Defense and
the Ministry of Public Security have the responsibility to specify the areas
having national defense and security requirements in each province and send a
written notification to the People’s Committee of the province as the basis for
directing the provincial Department of Construction to compile a list of
commercial housing construction projects whose houses must not be owned by
foreign entities.
Article 76. Permissible quantity of
houses owned by foreign entities
1. According to the notification sent
by the Ministry of National Defense and the Ministry of Public Security, and
the direction of the People’s Committee of the province as specified in Clause
2 Article 75 of this Decree, the provincial Department of Construction shall
make the following information publicly available on its web portal:
a) A list of housing construction
projects in the province which are located inside the areas in which foreign
entities are not permitted to own houses;
b) The quantity of houses (including
apartments and detached houses) of each housing construction projects that
foreign entities may own, provided they are not those specified in Point a of
this Clause; the quantity of apartments of each apartment building, the
quantity of detached houses of each project that foreign entities may own;
c) The quantity of houses that has been
purchased, leased under a lease-purchase agreement by foreign entities,
provided they have been granted certificates for each of the housing
construction projects;
d) The quantity of apartments that
foreign entities may own in case there are more than one apartment buildings in
an area whose population is equivalent to that of a ward; quantity of detached
houses that foreign entities may own in case, in an area whose population is
equivalent to that of a ward, there is one or more housing construction
projects but the total quantity of detached houses does not exceed 2,500.
2. Foreign entities eligible to own
houses in Vietnam may only purchase, lease-purchase houses from owners of
housing construction projects, or purchase houses of the foreign entities
specified in Point b Clause 4 Article 7 of this Decree, and may only receive
houses as inheritance of gifts from households or individuals, or receive
houses as gifts from organizations provided the quantity does not exceed the
limits specified in Clause 4 and Clause 4 of this Article of the housing
construction projects whose houses they may own. Where a foreign entity who is
not eligible to own houses in Vietnam receives a house in Vietnam as a gift or
inheritance, provisions in Article 78 of this Decree shall apply.
3. Foreign entities may own up to 30%
of the total number of apartments of an apartment building. In an area whose population
is equivalent to that of a ward, if there is more than one apartment buildings
for sale or lease-purchase, foreign entities may own up to 30% of the number of
apartments of each apartment building, and up to 30% of the total number of
apartments of all these apartment buildings.
4. In an area whose population is
equivalent to that of a ward, if there is a commercial housing construction
project for sale or lease-purchase, the quantity of detached houses that may be
owned by foreign entities is specified below:
a) Where the quantity of detached
houses of an project is fewer than 2,500, foreign entities may own up to 10% of
the houses of such project;
b) Where there is only one project
whose quantity of detached houses is equivalent to 2,500 houses, foreign
entities may own up to 250 houses of them;
c) Where there are two or more projects
where the total quantity of detached houses does not exceed 2,500 houses,
foreign entities may own up to 10% of the houses of each project.
5. The Ministry of Construction shall
provide specific instructions on determination of quantity of housing that
foreign entities may own in accordance with Clause 3 and Clause 4 of this
Article.
Article 77. Extension of time limit for
foreign entities’ ownership of houses in Vietnam
1. With regard to a foreign individual
that owns a house as set out in Point c Clause 2 Article 161 of the Law on
Housing, the extension of time limit for house ownership is specified below:
a) 03 months before the expiration of
the time limit for house ownership, if the owner wishes to have the time limit
extended, he/she must file an application for extension which specifies the
extension length and enclose it with a certified true copy of the certificate
of the house, then send it to the People’s Committee of the province in which
the house is located;
b) Within 30 days from the receipt of
the owner’s application, the People’s Committee of the province shall consider
and issues a written permission for one extension of the time limit for house
ownership at the request of the owner. Such extension must not exceed 50 years
from the original expiration date of the time limit for house ownership written
on the certificate, except for the case specified in Clause 3 of this Article;
c) According to the written permission
given by the People’s Committee of the province, the Certificate issue shall
write the extension on the Certificate, and send a copy of the Certificate to
the Department of Construction of the same province for monitoring.
2. With regard to a foreign
organization that owns a house for a limited period of time as set out in Point
d Clause 2 Article 161 of the Law on Housing, the extension of time limit for
house ownership is specified below:
a) 03 months before the expiration of
the time limit for house ownership, if the owner wishes to have the time limit
extended, he/she must file an application for extension which specifies the
extension length and enclose it with a certified true copy of the certificate
of the house, investment registration certificate that is granted an extension
by a Vietnam’s competent authority, then send it to the People’s Committee of
the province in which the house is located;
b) Within 30 days from the receipt of
the owner’s application, the People’s Committee of the province shall consider
and issues a written permission for one extension of the time limit for house
ownership at the request of the owner. Such extension must not exceed the time
limit written on the investment registration certificate that is granted an
extension by a Vietnam’s competent authority;
c) According to the written permission
given by the People’s Committee of the province, the Certificate issue shall
write the extension on the Certificate, make a copy of the Certificate and send
it to the provincial Department of Construction for monitoring.
3. Upon the first expiration of the
house ownership period, if the foreign organization or individual is compelled
to leave Vietnam or shut down the operation in Vietnam, no extension as set out
in Clause 1 and Clause 2 of this Article shall be granted; their housing shall
be dealt with in accordance with Clause 3 Article 8 of this Decree.
Article 78. Cases in which ownership of
houses in Vietnam is not recognized
1. In the following cases, a foreign
entity shall not be granted a Certificate of the house and may only sell or
offer it to another entity eligible to own housing in Vietnam:
a) A foreign organization or individual
receives a house as an inheritance or a gift which is located in an area in
which foreign entities must not own houses as set out in Article 75 of this
Decree, or the quantity of which exceeds the permissible limits set out in
Clause 3 and Clause 4 Article 76 of this Decree;
b) A foreign organization that does not
operate in Vietnam, or a foreign individual who is not permitted to enter
Vietnam, receives a house in Vietnam as a gift or an inheritance.
2. The entities specified in Point a
Clause 1 of this Article may directly sell or offer the houses or authorize
other persons to do so; the entities mentioned in Point b Clause 1 of this
Article may authorize other organizations and individuals residing or operating
in Vietnam to sell or offer the houses.
3. The house of an entity specified in
Clause 2 of this Article may only be sold or offered if the following documents
are available:
a) An offering contract, inheritance
documents conformable with regulations of law on housing and civil law of
Vietnam;
b) Documents proving the house
ownership of the giver or bequeather according to the Law on Housing and
Article 72 of this Decree;
c) A valid document authorizing another
person to sell or offer the house if another person is authorized to do so.
4. Procedures for selling, offering
houses of the entities specified in Clause 2 of this Article shall comply with
the Law on Housing and this Decree.
5. Where the inheritors comprise both
entities eligible to own houses in Vietnam and entities not eligible to own
houses in Vietnam, the inheritors must reach a consensus on dividing the house
in one of the following cases:
a) A person eligible to own houses in
Vietnam is selected to receive the Certificate of the house from the competent
authority;
b) The house is sold or offered to
another entity eligible to own houses in Vietnam in accordance with Clause 2
and Clause 3 of this Article.
Article 79. Management of housing in
Vietnam of foreign entities
1. The Department of Construction of
each province shall launch a section on its web portal to post and manage
information set out in Clause 1 Article 76 of this Decree.
2. Before signing a housing purchase,
lease-purchase, offering contract, the investor or giver must check information
on the web portal of the Department of Construction or request it to provide
information in order to determine the permissible quantity of housing to be
sold, leased under a lease-purchase agreement, or offered. The Department of
Construction must provide such information within the day. The quantity of
houses that may only be sold, leased under lease-purchase agreements, offered
to foreign entities is specified in Article 76 of this Decree.
3. After signing a house purchase
contract, lease-purchase contract, or offering contract, the investor or giver
must send information (by email and in writing) about the address of the house
to the Department of Construction of the province in which the house is located
within the day in order for it to be posted on the web portal of the Department
of Construction. After receiving such information, the Department of
Construction must immediately check and post it on the web portal.
4. Before issuing a Certificate to a
foreign entity, the Certificate issuer must check information under the
management of the Department of Construction. After issuing a Certificate to a
foreign entity, the Certificate issuer must immediately send information about
the house that is granted the Certificate to the Department of Construction in
order for it to be posted on the website of the Department of Construction.
5. Every transaction in which the
quantity of housing being purchased, leased under a lease-purchase agreement,
or received by foreign entities exceeds the limit specified in Article 76 of
this Decree, or the house being purchased, leased-purchased, received by the
foreign entity belongs to a housing construction project whose houses must not
be owned by foreign entities, is invalid and not granted the Certificate. In
such cases, the seller or seller/landlord must pay damages to the buyer or
buyer/tenant.
6. The Department of Construction,
investor, giver of the house, Certificate issuer that fails to promptly send
notifications or publish information as set out in Clause 2, Clause 3, and
Clause 4 of this Article shall take legal responsibility and pay compensation
if such late notification or publication of information causes damage.
7. The authority competent to issue
Certificates to foreign entities shall send written notifications enclosed with
copies of granted Certificates (including extended ones) to Departments of
Construction of provinces in which the houses are located, the Ministry of
Construction, and the Ministry of Natural Resources and Environment for
monitoring.
8. Foreign entities are prohibited to
buy houses for commercial purposes.
9. The Ministry of Construction shall
provide forms of reports on purchase, lease-purchase, and ownership of housing
in Vietnam by foreign entities.
Chapter
VIII. TRANSITIONAL
CLAUSES
Article 80. Transitional clauses for
housing development and management
1. From the effective date of this
Decree, the housing construction projects specified in Clause 2 Article 17 of
the Law on Housing must have a uniform name and their execution must comply
with provisions of the Law on Housing, this Decree, regulations of law on
construction, and relevant regulations of law.
2. In case an application for approval
for investment policies or decision on investment policies of a housing
construction project has been submitted before the effective date of this
Decree but the competent authority has not issued a written approval for or
decision on investment policies as set out in the Law on Housing and this
Decree, the applicant is only required to submit additional necessary documents
specified in this Decree or adjust the contents of the submitted application
according to the Law on Housing and this Decree.
3. In case a competent authority has
initiated the process of selection of investor in the housing construction
project before the effective date of this Decree but has not issued a decision
on investor selection by the effective date of this Decree, the investor
selection process shall be continued in accordance with this Decree.
4. In case a housing construction
projects approved before the effective date of this Decree has to be revised as
set out in Clause 1 Article 182 of the Law on Housing, the investor must revise
the project content. If the revision is subject to approval by a the competent
authority or issuance of a decision on investment policies, the investor must
submit a document requesting the competent authority to revise the written
decision on or approval for investment policies in accordance with this Decree
before approving the revisions to the project and implementing them.
5. Determination of existing housing
and off-the-plan housing:
a) Existing housing means housing that
has an acceptance record and put into operation according to regulations of law
on construction. In case of a housing built by the investor himself/herself
according to regulations of law on construction (it is not required to be built
by a capable unit), it is required to have an electricity and water supply
system, fire safety system (if the house is required to have a fire safety
system);
b) Off-the-plan housing means any
housing that fails to meet the requirements specified in Point a of this
Clause.
6. From the effective date of the Law
on Housing, the housing construction projects and areas of housing construction
projects specified in Clause 2 Article 17 of the Law on Housing must be named
in accordance with Clause 3 Article 19 of the Law on Housing and provisions of
this Decree. The projects and areas therein whose names are not conformable
with this Clause shall not be recognized by law. Every transaction related to a
housing construction projects must use the names approved by a competent
authority.
With regard to a commercial housing
construction project whose name and names of areas therein in a foreign
language have been approved before the effective date of the Law on Housing, if
the investor file a written request for permission to change the name of the
project or areas therein as set out in Clause 3 Article 19 of the Law on
Housing, the People’s Committee of the province in which the project is located
shall consider granting a permission to change the names. Every transaction related
to such project must use the names approved by a competent authority.
7. In case a business registration
document issued by a competent authority indicates that an apartment is used as
business location before the effective date of the Law on Housing, the
organization, household, or individual granted with such business registration
document must move the business to another location other than an apartment
within 06 months from the effective date of this Decree. The competent
authority that issued the business registration document must initiate
procedures for changing the business location on the business registration
document issued to the organization, household, or individual into another
location by the deadline specified in this Clause. After this deadline, the
organization, household, or individual must not do business at the apartment.
8. In case a management board of the
apartment building has been established before the effective date of the Law on
Housing and wishes to reorganize its organizational structure as set out in the
Law on Housing, an apartment building convention must be held to reestablish
the management board in accordance with the Statute on management and use of
apartment buildings promulgated by the Ministry of Construction.
9. From the effective date of the Law
on Housing, housing warranty shall be carried out by the deadlines specified in
Clause 2 Article 85 of the Law on Housing. The warrant period begins when the
construction is completed, the house is accepted and put into operation.
10. From the effective date of the Law
on Housing, every apartment building (including those intended for both
residential purpose and other purposes) must have a community house which
complies with established standards and regulations.
With regard to a apartment building
that is built before the effective date of the Law on Housing and its design
has an area intended to build a community house, the investor must provide an
area to build the community house according to the approved design. If its
design does not have an area intended to build a community house but has an
area for business, the investor and owners may reach an agreement that allows
the owners to buy or lease part of such area to build a community house.
The community house shall be operated
by the apartment building management board or apartment building operating unit
as decided by the apartment building convention. The community house must be
used to serve activities of the community of owners and users of the apartment
building. It is prohibited to use the community house to serve personal
purposes of owners, users of the apartment building, for lease, lending, or use
for purposes other than serving common activities of investors and users
thereof.
Article 81. Transitional clauses for
housing transactions
1. Where a competent authority has
determined the rents or lease-purchase prices of a state-owned social housing
before the effective date of this Decree, but has not issued them by the
effective date of this Decree, then the rent and lease-purchase prices shall be
determined and issued in accordance with this Decree.
2. Where a person using a state-owned
houses is a party to the housing lease contract which does not expire by the
effective date of this Decree, the parties are not required to re-conclude the
lease contract. When the contract expires, the house-operating unit has
the responsibility to perform a check. If the tenant is still eligible to lease
the house and wishes to do so, the parties shall renew the lease contract. If
the tenant does not wish to keep leasing it or is not eligible to lease it as
set out in the Law on Housing and this Decree, the house-operating unit shall
send a written notification to the tenant in order to terminate the lease
contract and return the house to the landlord in accordance with this Decree.
If the house is not returned, it will be withdrawn in accordance with this
Decree.
3. Transitional clauses for sale of
state-owned old houses:
a) Where an application for housing
purchase has been submitted before June 06, 2013 and such house is eligible to
be sold according to regulations applicable at the time of application
submission and this Decree, it shall be sold at the selling price and under the
mechanism for reduction/exemption of selling price of Decree No. 61/CP. Where
an application has been submitted before June 06, 2013 but the house is not
eligible to be sold according to regulations applicable at the time of
application submission but eligible to be sold according to this Decree, it
shall be sold in accordance with this Decree;
b) Where an application for housing
purchase has been submitted during the period from June 06, 2013 to the date
before the effective date of this Decree and the house is eligible to be sold
according to this Decree, it shall be sold in accordance with Decree No.
34/2013/NĐ-CP;
c) A housing specified in Point d
Clause 2 Article 65 of this Decree whose selling price is approved by a
competent authority before the effective date of this Decree shall be sold at the
approved price, except for the case specified in Point e Clause 2 Article 69 of
this Decree. Where the state ownership representative authority fails to
approved the selling price by the effective date of this Decree, it shall be
sold at a price conformable with this Decree.
4. Where a buyer of a commercial
housing (including any household or individual that buys a commercial housing
for relocation) has received the house from the investor but has not submitted
the application for the Certificate to the competent authority, such buyer may
transfer the house purchase contract as instructed by the Ministry of
Construction.
5. With regard to housing purchased by
a foreign entity before the effective date of the Law on Housing, the time
limit for house ownership begins on the issuance date of the Certificate. The
owner may have the time limit for house ownership extended in accordance with
this Decree. During the time limit for house ownership or before its
expiration, the owner shall exercise his/her rights and obligations to such
house in accordance with the Law on Housing and this Decree.
6. Where a housing contract has been
concluded before the effective date of the Law on Housing and the contract
content is conformable with relevant regulations of law applicable at that time
but contravenes provisions of the Law on Housing, the parties shall keep
executing the concluded contract unless they reach a consensus on revising it
according to the Law on Housing and this Decree.
From the effective date of this Decree,
every housing transaction must comply with regulations on transaction methods,
conditions for making transactions, transaction procedures, content and forms
of housing contracts provided for by the Law on Housing, this Decree, and
instructions of the Ministry of Construction. Any transaction that fails to
comply with such regulations is not valid. The transactions that involve
purchase, lease, lease-purchase of state-owned houses (including villas, row
houses, apartments), relocation housing, purchase of commercial housing as
official residences or relocation housing must comply with the contract forms
and content provided for by the Ministry of Construction.
7. With regard to any capital
contribution contract, investment cooperation contract, business cooperation
contract concluded before the effective date of this Decree and allows
distribution of 20% of the housing products under the Government's Decree No.
71/2010/NĐ-CP, such quantity of housing shall be divided as agreed in the
contract. The parties shall finalize this contract and conclude a new house
purchase contract when the requirements for selling the house are satisfied as
set out in regulations of law on real estate trading and this Decree.
8. From the effective date of this
Decree, the mortgage of housing construction projects, off-the-plan housing,
and right to property derived from house purchase contracts, lease-purchase
contracts, project transfer contracts, and other right to property related to
housing and housing construction projects that can be mortgaged as prescribed
by law must be carried out in accordance with the Law on Housing and this
Decree. The mortgages of housing construction projects, off-the-plan housing,
and right to property related to housing, housing construction projects set out
in this Clause that contravenes the Law on Housing and this Decree are invalid
and not recognized by law.
The registration of mortgage of a
housing construction project, off-the-plan housing, and right to property
related to housing and housing construction project set out in this Clause
shall be carried out in accordance with regulations of law on registration of
secured transactions. Collateral mentioned in this Clause shall be dealt with
in accordance with civil law and relevant regulations of law.
Article 82. Transitional clauses for
development and management of relocation housing
1. Where the investor has completed procedures
for approving a housing construction project serving relocation by the
effective date of this Decree but the competent authority has not approved the
project, the project shall be approved in accordance with the Law on Housing
and this Decree. The investor is only required to provide necessary documents
and revise the project documents according to the Law on Housing and this
Decree instead of starting over the project approval procedures.
In case a competent authority has
approved the plan for compensation, support, and relocation before the
effective date of this Decree, the approved plan shall be implemented.
2. With regard to a apartment building
serving relocation funded by the capital sources specified in Clause 3 Article
36 of the Law on Housing, the buyers and lease-purchases must pay the fee for
maintenance of shared area as set out in Article 108 of the Law on Housing.
Where a apartment building serving
relocation has an area intended for business according to the approved project,
after deducting reasonable business costs, the People’s Committee of the
province may use the revenue from such business to provide subsidies on
maintenance of shared areas of local apartment buildings (including maintenance
of elevators, fire safety system, water pumps, generators, lightning arresters,
outer sides of apartment buildings) and part of building operation costs.
Article 83. Transitional clauses for
Housing Development Fund
1. Housing Development Funds of
provinces that have been established before the effective date of this Decree
shall keep operating under their charters approved by the People’s Committees
of the provinces Depending on local conditions, the People’s Committee of each
province shall request the People’s Council of the same province to decide
funding from local budget for Housing Development Fund in order to grant social
housing development loans locally.
2. Local governments of provinces
without a Housing Development Fund that wish to establish one shall submit a
report to the Prime Minister for consideration, or authorize the local
Development Investment Fund to manage the Housing Development Fund.
Chapter
IX. IMPLEMENTATION
Article 84. Responsibility of relevant
Ministries and agencies
1. The Ministry of Construction has the
entitlements and responsibilities below:
a) Perform the assigned duties
specified in Article 175 of the Law on Housing and this Decree;
b) Provide guidance on and urge the
implementation of the Law on Housing and this Decree; disseminate mechanism and
regulations of law on housing;
c) Decide permission to convert
commercial housing construction projects into social housing construction
projects or relocation housing construction projects, or decide changes of
ratio of areas for commercial housing and social housing of housing
construction projects having 500 houses or apartments or more in order to
regulate the real estate market according to the government’s policies, the
Prime Minister’s requirements, or at the request of the People’s Committees of
provinces; decide conversion of relocation housing or relocation housing
construction projects into social housing or commercial housing at the request
of the People’s Committees of provinces;
d) Suspend projects whose investment
policies have been decided or approved by the People’s Committee of the
province and projects that have been approved by competent authorities but are
not conformable with local housing development program/plan or do not have
detailed construction planning approved by a competent authority; suspend
projects that fail to satisfy requirements set out in the written decision on
or approval for investment policies issued by a competent authority, or
projects that violate regulations on raising capital, conditions for buying,
selling, leasing/selling housing.
2. The Ministry of Finance has the
entitlements and responsibilities below:
a) Take charge and cooperate with the
Ministry of Construction in providing specific instructions on collecting money
for leasing, lease-purchasing, selling state-owned houses specified in Article
44 of this Decree;
b) Provide specific instructions on
collecting taxes and other amounts when the owner sells or transfers the
contract to sell/buy/lease-purchase/offer/exchange housing, or contribute
housing as capital;
c) Provide instructions on the for
paying the difference in the rent for official residences specified in Clause 2
Article 52 of this Decree, and perform other duties specified in this Decree.
3. The Ministry of Natural Resources
and Environment shall take charge and cooperate with the Ministry of
Construction in providing instructions on implementation of Clause 3, Clause 4
Article 6, issuance of Certificates in Clause 7, disposal of Certificates upon
expiration of time limits for house ownership in Article 8, extension of
Certificates in Clause 1 and Clause 2 Article 77 of this Decree, compensation,
support, and relocation when the State withdraws land in case of time-limited
housing purchases.
4. The State bank of Vietnam has the
entitlements and responsibilities below:
a) Take charge and cooperate with the
Ministry of Construction, the Ministry of Justice, the Ministry of Natural
Resources and Environment in establishing and providing instructions on
procedures for getting and redeeming mortgages that are housing construction
projects, off-the-plan housing, and right to property related to housing
construction projects, off-the-plan housing specified in the Law on Housing and
Clause 8 Article 81 of this Decree;
b) Provide specific instructions for
foreign entities and Vietnamese citizens residing overseas to make payment via
credit institutions when buying, lease-purchasing houses in Vietnam; for
foreign entities and Vietnamese citizens to transfer of money to abroad when
selling, leasing out houses under lease-purchase agreements in Vietnam.
5. Other relevant Ministries and
agencies, within the scope of their duties, have the responsibility to
establish or amend regulations on housing according to the Law on Housing, this
Decree, and cooperate with the Ministry of Construction in implementing the Law
on Housing and this Decree.
Ministries and agencies having old
houses under their management must transfer it to the People’s Committees of
the provinces in which the houses are located in accordance with this Decree.
Old houses under the management of the Ministry of National Defense shall be
managed, leased out, and sold by the Ministry of National Defense in accordance
with this Decree, except for the cases specified in Clause 2 Article 64 of this
Decree.
Article 85. Responsibility of local
governments for housing management
1. The People’s Committees of provinces
have the entitlements and responsibilities below:
a) Implement their roles in local
housing management;
b) Providing funding for development of
local housing development programs/plans in accordance with this Decree and
instructions of the Ministry of Construction; direct the development and
implementation of such programs/plans after they are approved;
c) Provide land area for development of
each type of housing as prescribed by the Law on Housing and local housing
development programs/plans that are approved, which specify the areas for
building social housing for lease; decide the land price factor (k) when
selling state-owned old houses specified in Point d Clause 2 Article 65 of this
Decree;
d) Publish local housing construction
projects on the web portals of the People’s Committee and Departments of
Construction of the province as set out in Clause 5 Article 19 of the Law on
Housing, approved housing development programs; direct the Department of
Construction to publish on its website information about housing eligible for
sale, lease-purchase, capital raising specified in Article 19 of this Decree,
list of local commercial housing construction projects that do not permit
foreign entities to own specified in Clause 1 Article 76, and information in
Article 79 of this Decree;
dd) Provide for the management, use of
villas and apartment buildings; provide guidance on sale, lease, lease-purchase
of state-owned houses, relocation housing depending on local conditions;
enforce withdrawal of state-owned houses in accordance with Article 84 of the
Law on Housing and this Decree; enforce the transfer of fees for maintenance of
shared area of apartment buildings in accordance with this Decree;
e) Establish criteria, procedures for
determination of, and compile a list of houses having artistic, cultural,
historical values (including ancient villas and houses); decide the
establishment of a council in charge of compile this list and issue a decision
to approve such list in accordance with the Law on Housing, this Decree, and
relevant regulations of law;
g) Appoint officials, assign tasks to
relevant local agencies to develop and manage housing in accordance with the
Law on Housing and this Decree; direct, provide instructions on, and inspect
local housing development and management works; deal with violations; settle
disputes, complaints, and denunciations related to housing under their
management, or request a competent authority to deal with them as prescribed by
law;
g) Amend legislative documents on
housing within their jurisdiction to conform to the Law on Housing and this
Decree; provide training in and disseminate legislative documents on housing;
encourage local entities to implement regulations of law on housing;
i) Take charge or cooperate with
relevant Ministries and agencies in performing given duties in accordance with
the Law on Housing, this Decree, and relevant regulations of law;
k) Submit annual and extraordinary
reports on implementation of the Law on Housing and this Decree locally to
competent authorities;
l) Perform other duties specified in
the Law on Housing, this Decree, and relevant regulations of law.
2. Departments of Construction shall
assist the People’s Committee of the same province in local housing management.
3. The People’s Committees of districts
are responsible for local housing management within the scope of their duties
as directed by the People’s Committee of the province and in accordance with
regulations of law on housing.
4. President of the People’s Committees
of provinces, Presidents of the People’s Committees of districts, heads of
relevant local agencies are legally responsible for any delay or failure to
correctly implement the Law on Housing, this Decree, and legislative documents
on housing.
Article 86. Central Steering Committee
on Housing Policies And Real Estate Market
1. The Prime Minister shall decide the
establishment of Central Steering Committee on Housing Policies And Real Estate
Market which assists the Prime Minister in studying, directing, and resolving
important and interdisciplinary issues related to policies of management,
development of housing and real estate market nationwide.
2. Central Steering Committee on Housing
Policies And Real Estate Market has the duties and entitlements below:
a) Direct, instruct, and inspect the
implementation of housing development programs, policies on housing and real
estate market of Ministries, regulatory bodies, and local governments;
b) Make comments about major and
important policies related to housing and real estate market;
c) Propose to the Prime Minister and
competent authorities amendments or suspension of legislative documents on housing
and real estate market that are promulgated by Ministries, regulatory bodies,
and the People’s Committees of provinces against regulations of law on housing
and real estate market;
d) Presidents of the People’s
Committees of provinces shall decide establishment of Provincial Steering
Committees on Housing Policies And Real Estate Market which assist them in
directing the implementation of policies related to housing and local real
estate markets;
dd) Functions, tasks, entitlements, and
organizational structure of the Central Steering Committee and assisting
organizations shall be specified by the Prime Minister, that of provincial
Steering Committees shall be specified by Presidents of the People’s Committees
of provinces. Funding for operation of Steering Committees shall be provided by
state budget of the same level.
Article 87. Effect
1. This Decree comes into force from
December 10, 2015.
2. The following Decrees are annulled
from the effective date of this Decree:
a) The Government's Decree No. 51/2009/NĐ-CP
dated June 03, 2009 on guidelines for some Article of the National Assembly’s
Resolution No.19/2008/QH12 dated June 03, 2008 on pilot permission for foreign
entities to buy and own housing in Vietnam;
b) The Government's Decree No.
71/2010/NĐ-CP dated June 23, 2010 elaborating and providing guidelines for the
Law on Housing;
c) The Government's Decree No.
34/2013/NĐ-CP dated April 22, 2013 on management and use of state-owned houses;
d) The Government's Decree No.
84/2013/NĐ-CP dated July 25, 2013 on development and management of relocation
housing.
3. With regard to provisions related to
housing development (including decision, approval for investment policies of
housing construction projects), house ownership, management and use of houses,
housing transaction, state management of housing in the Government's Decrees,
the Prime Minister’s Decisions, legislative documents of Ministries, regulatory
bodies, and the People’s Committees of provinces promulgated before this Decree
that contravene provisions of this Decree, provisions of this Decree shall
apply.
Article 88. Responsibility for
implementation
Ministers, Heads of ministerial
agencies, Heads of Governmental agencies, Presidents of the People’s Committees
of provinces are responsible for the implementation of this Decree./.