| MINISTRY OF CONSTRUCTION OF VIETNAM | THE SOCIALIST REPUBLIC OF VIETNAM |
| No: 10/VBHN-BXD | Hanoi, August 25, 2023 |
ELABORATION AND GUIDANCE ON IMPLEMENTATION OF SOME ARTICLES OF LAW ON HOUSING
Government’s Decree No. 99/2015/ND-CP dated October 20, 2015 on elaboration and guidance on implementation of some Articles of Law on Housing is amended by:
1. Government’s Decree No. 30/2019/ND-CP dated March 28, 2019 on amendments to some Articles of Government’s Decree No. 99/2015/ND-CP on elaboration and guidance on implementation of some Articles of Law on Housing;
2. Government’s Decree No. 30/2021/ND-CP dated March 26, 2021 on amendments to some Articles of Government’s Decree No. 99/2015/ND-CP on elaboration and guidance on implementation of some Articles of Law on Housing;
3. Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to some Articles of Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services.
4. Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction.
Pursuant to the Law on Government Organization dated December 25, 2001;
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At request of the Minister of Construction [1],
The Government promulgates Decree on elaboration and guidance on implementation of some Articles of Law on Housing.
1. This Decree elaborates and provides guidance on implementation of some Articles and Clauses on ownership, development, management and use of housing; housing-related transactions; state management of housing in Vietnam specified in Law on Housing No. 65/2014/QH13 (hereinafter referred to as “Law on Housing”).
2. Other Government’s Decrees elaborate some Articles and Clauses on social housing development; management and use of non-state-owned social housing; renovation and reconstruction of apartment buildings; construction, management and use of home information system; purchase, sale, lease and lease-purchase of commercial housing conducted by real estate enterprises or cooperatives; inspection and penalties for administrative violations against regulations on housing.
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.
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Article 3. Local housing development programs/plans
1. People’s Committees of provinces and central-affiliated cities (hereinafter referred to as “People’s Committees of provinces”) shall be responsible for formulation and implementation of local housing development programs/plans according to regulations of Article 15 and Article 169 of the Law on Housing.
2. Contents of 5-year and 10-year or longer local housing development programs:
a) Evaluation of various categories of houses (detached houses, apartment buildings), houses of entities specified in Article 49 of the Law on Housing in provinces and cities;
b) Analysis and evaluation of result, drawbacks, causes and difficulties in housing development and management, land-use planning and construction planning related to local housing development;
c) Identification of demands for housing (quantity, categories, total construction floor area); the demand for land area for housing of each area in the province/city, including the demand for housing of entities that need support for housing improvement specified in Article 49 of the Law on Housing and the demand for capital (state budget and other capital sources) for investment in housing construction;
d) Identification of criteria for housing development (average floor area of housing per capita; minimum floor area, quantity and floor area of new housing of each category, quality of urban and rural housing);
dd) Identification of relation between housing development and urban development requirements in urban area;
e) Solutions to implementation of programs, including solutions to specific polices on housing introduced by local governments, construction planning, allocation of land fund and methods of investment in construction of housing, scientific and technological solutions to reduction in construction costs, mobilization of capital sources, incentives in terms of finance, land and plans for implementation of policies on social housing for each group of entities specified in Article 49 of the Law on Housing;
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h) Other relevant contents
3. Contents of 5-year and annual local housing development plans:
a) Locations and areas of housing development; quantity of housing construction projects; quantity of housing, total construction floor area that needs investment. To be specific: 5-year and annual plans shall be specified;
b) Ratio of categories of housing (detached houses, apartment buildings) that need investment; quantity, construction floor area of social housing that needs investment every year and the next 5 years. To be specific: the construction floor area of social housing for lease shall be specified;
c) Identification of criteria for average floor area of housing per capita in urban area, rural area and in the whole province/city; minimum floor area;
d) Determination of land area for construction of various categories of housing (commercial housing, social housing, relocation housing, official residence) every year and the next 5 years; methods of investment in housing construction;
dd) Identification of capital sources for development of various categories of housing; the period for implementation of annual and 5-year plans;
e) Methods of implementation and responsibilities of relevant local authorities for implementation of housing development plans;
g) Other relevant contents
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In case the National Housing Development Strategy or local socio-economic development planning is revised, the People’s Committee of province shall revise the housing development program and submit it to the People’s Council at the same level for approval before ratification as prescribed in Article 169 of the Law on Housing.
5. The criteria of the housing development program, including average floor area of housing per capita; minimum floor area, housing quantity, total construction floor area of new housing, quality of housing in urban and rural areas, shall be included in the local socio-economic development tasks and evaluated when such tasks are evaluated.
Article 4. Procedures for formulation of local housing development programs/plans
1. Procedures for formulation of 5-year and 10-year or longer local housing development programs:
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 such 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 Department of Construction of the province shall directly make survey, summarize data, prepare the draft program and report to the People’s Committee of the province; or hire a consultancy unit that has experience and capacity to formulate the housing development program to cooperate with relevant entities in the province and the People’s Committees of districts in the province in making survey, summarizing data, preparing the draft program, and reporting 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 amend, complete the draft and submit it to the People’s Committee of the province. After that, the People’s Committee of the province shall submit the draft to the People’s Council of the same province for ratification. The People’s Committees of central-affiliated cities shall consult with the Ministry of Construction before submitting the draft program to the People’s Councils at the same level 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 Council of the province, the People’s Committee of the province shall approve and organize the implementation of the program.
2. Procedures for formulation of 5-year and annual local housing development plans:
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b) According to the housing development plan proposed by the Department of Construction, the People’s Committee of the province shall consider approving the plan and then implement it.
The People’s Committee of the province shall approve the annual housing development plan before December 31 of the year preceding the year when the plan is adopted, and approve the 5-year housing development plan before December 31 of the last year of the period.
2a[2]. Housing development programs and plans shall be amended as follows:
a) At least 06 months before the end of the period for implementation of the housing development program according to regulations approved by the People’s Council of the province, the People’s Committee of the province shall prepare and propose a new housing development program to the People's Council at the same level for ratification as per the law on housing; after the housing development program has been approved, the People's Committee of the province shall approve the program and organize formulation and approval for local housing development plans as per the law on housing.
In case the housing development program shall be amended due to change to the National Housing Development Strategy or change to local socio - economic development planning or to suit actual situation in the province, the People's Committee of the province shall organize formulation of the amendment and propose it to the People's Council at the same level for ratification;
b) The Department of Construction shall preside over or cooperate with the consultancy unit and the district-level People's Committee in formulating and reporting the amendment to the housing development program to the provincial People's Committee for consideration and comments before the amendment is proposed to the People's Council at the same level for consideration and ratification. The People's Committees of central-affiliated cities shall obtain opinions from the Ministry of Construction on amendments before proposing them to the People's Council at the same level for ratification;
c) The amendment to the housing development program shall include reason for and necessity of the amendment, assessment of results and limitations of the content requiring amendment, solutions to amendment implementation, schedule, responsibilities of relevant regulatory bodies for making the amendment, the amendment’s connection with and impact on other contents of the program, resources for implementation and other relevant contents (if any); local governments shall not promulgate Resolution to add the list of housing construction projects to the program; amendments shall abide by regulations in Points c, d, dd, e, g and h Clause 2 Article 3 of this Decree;
d) After the amendment is approved by the People's Council at the same level, the People's Committee of province shall promulgate a decision on approval for amendment to the housing development program;
dd) According to the approved amendment to the housing development program, the Department of Construction shall make an amendment to the housing development plan or cooperate with the consultancy unit in making such amendment before proposing it to the provincial People's Committee for approval;
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g) In case of amendment to the plan which contains regulations on use of state budget for housing development, the provincial People's Committee shall obtain opinions on the budget use plan from the People's Council at the same level before approval.
3[3]. After approving the housing development program and plan (including program and plan amendments), the provincial People's Committee shall publish the program and plan on its web portal and request the Department of Construction to publish them on the web portal of the Department of Construction; at the same time, send the program and plan to the Ministry of Construction for monitoring and management. The provincial People's Committee shall allocate funding from local government budget for formulation of the housing development program and plan (including program and plan amendments) according to regulations of this Decree.
In case the housing development program or plan (including program and plan amendments) formulated and approved fails to comply with requirements of the Law on Housing and regulations of this Decree, the Ministry of Construction shall request the provincial People's Committee to amend the program or plan in accordance with regulations of law on housing in writing.
The Ministry of Construction elaborates criteria for identification of the housing demand in housing development programs and plans and provides guidelines for funding for formulation of local housing development programs and plans (including program and plan amendments).
Article 5. Documents proving eligible house owners
1. Every domestic organization, household, or individual that applies for the certificate of land use right, ownership of houses and other land-attached assets (hereinafter referred to as “Certificate”) shall submit ID documents according to regulations on issuance of Certificates of the land law.
2. An applicant who is a Vietnamese citizen residing overseas shall submit the following documents:
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b) An unexpired foreign passport that bears the entry seal of a Vietnam’s immigration authority enclosed with documents proving the Vietnamese nationality or Vietnamese origin 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. An applicant that is a foreign organization or individual shall submit documents proving their eligibility according to Article 74 of this Decree. If a foreign individual submits documents proving his/her Vietnamese origin, he/she shall 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 (fulfillment of conditions and forms) 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 specified 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 issued with the Certificate of ownership of such housing.
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 which is recognized and shall comply with the regulations in Clause 2 through 5 of Article 78 of this Decree.
2. With regard to a detached house with two stories or more, in case each story 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 satisfies conditions of apartment buildings specified in Clause 2 Article 46 of the Law on Housing, each apartment shall be issued with a separate Certificate. In case the owner sells, leases out under a lease-purchase contract, gifts, or bequeaths his/her apartment to another organization, household or individual that is eligible to own the house in Vietnam, the land use right in association with this apartment shall be shared by the entities that have purchased, leased under a lease-purchase contract, received or inherited the apartment.
3. Apart from the information stated in the Certificate prescribed by regulations of land law, the Certificate issuer shall write the following information:
a) Information on housing under Clause 3, Article 9 of Law on Housing;
b) Duration of house ownership, the rights to sell, gift, bequeath, contribute the house as capital of the purchaser according to the time-limited house purchase contract in the case specified 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;
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4. Procedures for issuance of the Certificate to the owner shall comply with regulations of land law. The investor in the housing construction project shall be responsible for carrying out procedures for issuance of the Certificates to purchasers and purchasers/tenants of housing. In case a purchaser or purchaser/tenant wishes to carry out the procedures, the investor shall provide documents related to the housing to the purchaser or purchaser/tenant.
Article 7. House ownership duration
1. In case of house ownership for fixed duration specified in Article 123 of the Law on Housing, the seller and the purchaser shall reach an agreement on the duration in which the purchaser owns the house; rights and obligations of the purchaser during the house ownership duration; responsibility to register and issue the Certificate to the purchaser; handover of the house associated with land use right after the ownership duration expires; disposal of the Certificate after the ownership duration expires and responsibilities of the parties for execution of the house purchase contract. During the house ownership duration, the purchaser shall be issued with Certificate of such house by revoking the seller’ Certificate and issuing it to the purchaser, or writing information on page 3 of the seller’s Certificate and giving it to the purchaser.
In this case, the purchaser and the seller shall reach an agreement that if the purchaser is entitled to sell, gift, bequeath, or contribute the house as capital during the house ownership duration, the purchaser, recipient, inheritor only owns the house for the duration as agreed by the initial purchaser and the initial owner.
2. The foreign organizations specified in Point b Clause 1 Article 159 of the Law on Housing shall be entitled to own housing within the duration stated in their investment registration certificates. In case the house ownership duration stated in the Certificate expires, but the owner wishes to have this duration extended, the State considers granting an extension according to Article 77 of this Decree. If the investment registration certificate has an indefinite duration, the Certificate issued to the owner shall also have an indefinite duration.
If a foreign organization goes bankrupt, is dissolved or shut down before the house ownership duration expires, or has its certificate of investment registration or license to operate in Vietnam revoked by Vietnam’s government, the settlement of the house shall comply with regulations in Clause 1 Article 8 of this Decree. During the house ownership duration, if the foreign organization is converted into a domestic organization through merger or capital transfer, it may acquire a long-term house ownership according to regulations of law.
3. A foreigner specified in Point c Clause 1 Article 159 of the Law on Housing shall be entitled to own housing for up to 50 years from the date of issuance of the Certificate. In case the house ownership duration stated in the Certificate expires but the owner wishes to have this duration extended, the State considers granting an extension according to Article 77 of this Decree.
4. If the foreign organization or individual sells or gifts the house before the expiration of the ownership duration, the purchaser or recipient shall be entitled to 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 purchaser or recipient shall be entitled to acquire a long-term ownership of the house;
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c) The seller or giver shall pay tax and other financial obligations to state budget as prescribed by Vietnam’s law.
Article 8. Expiration of house ownership duration
1. Upon the expiration of the house ownership duration as agreed between the initial purchaser 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 settled 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 identified, the organization or individual managing the house shall keep managing it and shall not sell, lease out under a lease-purchase contract, gift, bequeath, pledge, or contribute the house as capital. The house shall be transferred within 03 months from the date in which its owner is identified.
If a foreign organization has its investment registration certificate or license to operate in Vietnam revoked by Vietnam’s government, the owner shall sell or gift the house to an entity that is eligible to own the house in Vietnam.
2. If the initial purchaser and seller specified 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 duration, the Certificate issuer shall revoke it from the current owner and reissue it to the initial owner as prescribed in Clause 1 of this Article. If the Certificate cannot be revoked, the Certificate issuer shall issue a decision to annul the Certificated issued to the current owner and reissue it to the initial owner. The procedures for issuance of the Certificate specified in this Clause shall comply with regulations of land law.
3. Before the expiration of the house ownership duration specified in Clause 2 and Clause 3 Article 7 of this Decree (including extended duration prescribed in Article 77 of this Decree), the foreign organization/individual may directly or authorize another organization or individual to exercise his/her/its right to sell or gift the house under his/her/its lawful ownership as prescribed in Clause 4 Article 7 of this Decree. If the foreign organization or individual fails to sell or gift the house before the expiration of the house ownership duration, such house shall be passed into state 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.
If a foreign individual is expelled from Vietnam or a foreign organization is forced to stop operating in Vietnam by a competent authority of Vietnam due to illegal use of housing under his/her/its ownership, the house shall be settled under a decision made by the competent authority.
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Section 1. HOUSING CONSTRUCTION PROJECT
1. Investment guidelines of housing construction projects shall be approved in accordance with regulations of the investment law.
2. During the appraisal for approval for investment guidelines of housing construction projects, the Ministry of Planning and Investment shall collect appraising opinions from the Ministry of Construction on contents specified in Clause 3 herein of projects whose investment guidelines require approval from the Prime Minister; and investment registration authorities shall collect appraising opinions from Departments of Construction on contents specified in Clause 3 herein of projects whose investment guidelines require approval from the provincial People’s Committees or management boards of industrial parks, export-processing zones, hi-tech parks or economic zones.
3. Contents that require appraising opinions from housing authorities:
a) Name of project investor (with regard to projects pending the approval for both investment guidelines and investor, and of which the investor is eligible for his/her position as an owner (investor) of the housing construction project according to this Decree); name of project according to regulations of the law on housing;
b) Investment objectives and forms; location and land area allocated to housing construction of the project;
c) Suitability of the project with detailed planning (in case the detailed planning which has been approved is available) or zoning planning (in case the detailed planning which has been approved is unavailable). In case the detailed planning and the zoning planning have not been approved by the competent authority, it is required to evaluate compliance of the project with general planning;
d) Suitability of the project’s proposals for the housing development program and plan approved by the competent authority;
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e) Uniformity of preliminary investment phasing plan, component project division (if any) and preliminary plan for investment in construction and management of project-related technical and social infrastructure.
Article 10. [5] This Article is annulled
Article 11. [6] This Article is annulled
Article 12. Contents of housing construction project documents
1. Every housing construction project specified in Clause 2 Article 17 of the Law on Housing shall have a description. To be specific:
a) [7] The project’s name shall be in Vietnamese; if the investor wishes to name his/her commercial housing construction project in a foreign language, the project’s full Vietnamese name shall be written before the foreign name;
b) Necessity and legal basis of the project;
c) Purposes, investment method, location, scale of the project; land use demand; natural conditions in the project area;
d) Solutions: Plan for compensation, land clearance, support and relocation (if any); construction technology plan; construction standards and regulations applicable to the project; environmental impact assessment; fire safety and firefighting plan; solutions to technical infrastructure and connection with common infrastructure of the area; capacity for using social infrastructure in the area;
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e) Area dedicated to development of social infrastructure (kindergartens, schools, healthcare, sports, entertainment, parks), unless the social infrastructure is already available in the project area;
g) Quantity and ratio of various categories 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 and recover capital;
k) Responsibility of the 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 by the investor after the construction is complete;
n) Plan for management and operation of the project and public works thereof (organization model, operation method and fees to be charged).
2. The fundamental design of the projects specified in Clause 2 Article 17 of the Law on Housing shall comply with regulations of the law on construction.
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Article 13. Planning, appraisal and approval for housing construction project
1. Every housing construction project funded by the capital sources specified in Clause 3 Article 36 and Clause 1 Article 53 of the Law on Investment (other than official residence projects specified 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 appraising opinions on housing if the project is approved by the Prime Minister, or the Department of Construction shall offer its appraising opinion on housing if the project is approved by the People’s Committee of the province.
If the housing construction project is approved by the Minister of Construction as prescribed by the Law on Public Investment, the Ministry of Construction shall appraise it before 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 specified in Clause 1 and Clause 2 of this Article shall be planned, appraised and approved in accordance with regulations of law on construction.
4. [8] annulled
Article 14. [9] This Article is annulled
Article 15. Execution of housing construction project
1. Investors in housing construction projects shall comply with regulations of the Law on Housing, this Decree, and regulations of law on construction when investing in housing construction.
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Article 16. Completion of investment in housing construction project
When the construction is complete, the investor in the housing construction project shall:
1. Report the result to the Department of Construction of the province where the project is located; submit another report to the Ministry of Construction in case the housing construction project has to have the decision or the written approval for investment guidelines by the Prime Minister.
2. Complete dossiers and documents that serve archives as prescribed by the Law on Housing, this Decree, and regulations of the law on construction.
3. Examine and accept the housing work, technical and social infrastructure serving the demand of the project in accordance with regulations of the law on construction.
4. Transfer the technical and social infrastructure to the local government or regulatory bodies according to the approved project contents, or manage such infrastructure according to the written approval for or the decision on investment guidelines. 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 budget statement as prescribed by regulations of law on finance.
6. Carry out procedures to request the competent authority to issue Certificates to owners of houses/apartments of the project as prescribed by the Law on Housing, this Decree, and regulations of the land law.
7. Cooperate with the local governments in resolving administrative issue within the project area.
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9. Perform other tasks as prescribed per the law.
Article 17. Management of areas dedicated to detached houses of housing construction projects
1. The investor shall be responsible for management of 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 project contents.
The investor may divide and name each area dedicated to detached houses which are separately planned and constructed in the project for the purpose of management. With regard to social housing and relocation housing construction projects, the areas shall be named in Vietnamese language by the investor. With regard to commercial housing construction projects, the projects and areas therein shall be named in accordance with Clause 3 Article 19 of the Law on Housing and specified in the decision on or written approval for investment guidelines (if they are subject to approval for investment guidelines) or approved by the People’s Committee of the province (if they are not subject to the decision or approval for investment guidelines).
3. After the housing is 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 or technical infrastructure of the housing area, except for the infrastructure system that has been already transferred to the State or put under the management and maintenance by the investor. The housing management board consists of representatives of the house owners and users in the area and the representative of the investor (if any).
4. The owners and users of housing in the detached house area shall hold meeting to elect a housing management board (including quantity and participants) and 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 elections shall be chaired by the housing management board or the investor authorized by the board. In case the owners and users fail to elect a housing management board, the investor shall be responsible for management of this housing area according to the approved project contents.
6. The investor may provide additional funding for the housing management board to cultivate trees and gardens, and maintain utilities and technical infrastructure of the housing area. The tasks specified 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
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Investors in commercial housing construction projects and metro area projects with housing (including projects which land use rights are transferred in the form of division of land into lots and sale of these divided lots to citizens for house construction) shall be selected as follows:
1[11]. Investors eligible according to regulations in Article 21 of Law on Housing No. 65/2014/QH13 amended by Clause 1 Article 75 of Law on Investment No. 61/2020/QH14, Clause 2 Article 119 of the Land Law and law on real estate trading, winning bidding or auction of the rights to use land used for housing construction projects or granted investor approval according to regulations in Clause 3 Article 29 of Law on Investment No. 61/2020/QH14 may become owners of commercial housing construction projects;
2[12]. Investors who hold land use rights according to regulations in Clause 1 Article 23 of Law on Housing No. 65/2014/QH13 amended by Article 4 of Law No. 03/2022/QH15, Clause 4 Article 23 of Law on Housing No. 65/2014/QH13, are eligible according to regulations in Article 21 of Law on Housing No. 65/2014/QH13 amended by Clause 1 Article 75 of Law on Investment No. 61/2020/QH14, law on real estate trading and relevant laws, and are granted investment guideline approval and investor approval may become owners of commercial housing construction projects.
3. In case a commercial housing construction project whose investment guidelines have been approved as per investment law has multiple investors, these investors may authorize one investor or establish an enterprise or cooperative that is eligible according to regulations in Clauses 1 and 2 herein to carry out the procedure for recognition of housing construction project investor according to regulations of Clause 4 of this Article. The authorization of housing construction project investor specified in this Clause shall be carried out via authorization contracts, in which the rights and responsibilities of each party shall be specified;
4. The procedure for recognition of housing construction project investor specified in Clause 3 of this Article shall be carried out as follows:
a) An application for owner recognition includes a written application from the owner (which specifies the name and address of the owner, propositions, provisional project schedule); certified true copies or copies submitted together with their authentic copies for comparison of the following documents: written approval for the project’s investment guidelines issued by the competent authority, enterprise registration certificate or investment registration certificate, documentary proof of rights to use the project’s land, authorization contract specified in Clause 3 herein; documentary proof of financial capacity for carrying out the project according to regulations of land law; documentary proof of escrow fund or bank guarantee for project implementation escrow obligations according to regulations of the law on investment;
b) If the project’s investment guidelines require approval from the Prime Minister, its owner, which is provided for in Clause 3 of this Article, shall submit one application prepared according to regulations in Point a of this Clause in person or by post to the Ministry of Construction for consideration and decision on project investor recognition; if the project’s investment guidelines require approval from the provincial People's Committee or management board of an industrial park, export-processing zone, hi-tech park or economic zone, the investor shall submit one application to the Department of Construction of the province where the project is located, which will consider and propose the application to the provincial People's Committee for project investor recognition;
c) Within 20 days starting from the date of receipt of the application prepared according to regulations in Point a of this Clause, the Ministry of Construction or the provincial People's Committee shall consider and issue the decision on recognition of housing construction project investor intra vires. If the applicant is ineligible for the project investor position, within 05 days starting from the date of receipt of the application, the application- receiving body the shall inform the applicant of the reason in writing;
d) Contents of the decision on recognition of housing construction project investor include legal basis for decision issuance, name of the recognized owner, effect of the decision on recognition and responsibilities of the owner for carrying out the project as prescribed by law.
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6. Investors in metro area projects with housing shall be selected in compliance with regulations of this Article, regulations of law on construction, real estate trading and urban development and other relevant law.
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 pay damages to capital contributors according to regulations.
2. The conclusion of contract for raising capital for development of commercial housing shall comply with the following regulations:
a) In case of conclusion of a capital raising contract specified in Clause 2 Article 69 of the Law on Housing, the methods and conditions in the Law on Housing and regulations of Clause 3 of this Article shall be satisfied.
The capital contributors, cooperators and partners specified in this Point shall receive distribution of profit (in money or shares) according to their contribution ratio in the contract. The investor shall not apply the method of raising capital in this Point or other methods of raising capital 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 sell, purchase, lease, or lease-purchase off-the-plan housing in which the purchaser, tenant, or purchaser/tenant must pay in advance according to Clause 3 Article 69 of the Law on Housing, the methods and conditions for purchase, lease, lease-purchase of off-the-plan housing prescribed by regulations of law on real estate trading shall be satisfied.
The investor shall send an application to the Department of Construction of the province where the house is located together with documents proving that the house satisfies conditions for being sold or lease-purchased under a lease-purchase contract according to Clause 1 Article 55 of the Law on Real Estate Trading. In case the project or the house to be sold or lease-purchased under a lease-purchase contract is mortgaged, the investor shall send documents proving the mortgage redemption or the contract between the purchaser/tenant and the creditor that the redemption is not required and such house is available for sale/purchase/lease-purchase. If the project or the house is not mortgaged, the investor shall specify his/her commitment to take responsibility in the report sent to the Department of Construction.
Within 15 days of receipt of the application from the investor, the Department of Construction shall inspect the application; if the application is satisfactory according to regulations in this Point, the Department of Construction shall send a written notice that the house satisfies conditions for being sold or lease-purchased to the investor; if the application is not satisfactory, the Department of Construction shall send an explanation. If the investor sent the application but the Department of Construction does not send any notice after the aforesaid deadline and the house satisfied conditions for being sold or lease-purchased, the investor may conclude a contract for sale/purchase/lease-purchase of off-the-plan housing and take responsibility for such contract. The Department of Construction shall be responsible for the fact that the notice is sent or not sent after the investor’s application is received.
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c) In case the investor takes a loan from a credit institution, financial institution, or issues bonds to raise additional capital which is necessary for housing construction, the conditions in the loan contract or regulations on bond issuance shall be satisfied.
3. The capital for housing construction specified in Point a Clause 2 of this Article shall 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) Housing construction project documents have been approved as prescribed by law;
b) The land clearance has been completed 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 raising capital. The investor shall send an application together with documents proving satisfaction of conditions for capital raising specified in Points a, b, and c of this Clause to the Department of Construction.
Within 15 days of receipt of the investor’s application, the Department of Construction shall inspect the application; if the application is satisfactory according to regulations of this Point, 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 specified in Points a, b, and c of this Clause have been satisfied and the investor sent the application but she/he does not receive a notice from the Department of Construction after the aforesaid deadline, the investor may conclude a capital raising contract and take responsibility for such contract. The Department of Construction shall be responsible for the fact that the notice is sent or not sent after the investor’s application is received.
4. The entity raising capital specified in Clause 1 and Clause 2 of this Article shall 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, appropriates the raised capital, or raises an amount of capital that exceeds the advance paid by customers shall return the excessive amount, pay damages, and face administrative penalties or criminal prosecution as prescribed by law.
5. The Ministry of Construction provides specific guidance on raising capital as prescribed in Clause 2 and Clause 3 of this Article.
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Article 20. Official residence development plan
1. The 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 presiding agency and cooperating agencies.
3. The central agencies specified in Point a Clause 3 Article 27 of the Law on Housing shall identify the demands 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 demands 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 and the Ministry of Public Security shall be responsible for formulating their own official residence development plans and send them to the Ministry of Construction. After obtaining the opinions from the Ministry of Construction, the Ministry of National Defense and the Ministry of Public Security shall request the Prime Minister to approve their plans.
5. The Department of Construction of each province shall preside over and cooperate with local competent authorities in formulating official residence development plans and submit them to the People’s Committee of the province for the approval for the local official residence development plan or its own official residence development plan, and then the People’s Committee of the province shall report to the Ministry of Construction for synthesis.
6. The Ministry of Construction provides instructions on procedures for identification of the demands for official residences and approval for official residence development plans.
Article 21. Methods of investment in construction of official residences
The State makes 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.
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Article 22. Procedures for selection of investor in official residence construction project
1. With regard to projects on investment in construction of official residences to be leased by central agencies (except for those specified in Point d Clause 1 Article 32 of the Law on Housing) under the approval by the Prime Minister, the Ministry of Construction shall propose investors in these projects to the Prime Minister for decision.
Within 30 days from the receipt of the proposal from the Ministry of Construction, the Prime Minister will issue a decision on investor selection or authorize the Ministry of Construction to select the investor.
2. The Ministry of National Defense or the Ministry of Public Security shall decide investors in projects for construction of official residences to be leased by the entities specified in Point d Clause 1 Article 32 of the Law on Housing under the approval by the Ministry of National Defense or the Ministry of Public Security respectively.
Within 30 days from the receipt of the application for investor, the Minister of National Defense or the Minister of Public Security issues a decision on investor selection.
3. In case of an official residence construction project approved by the People’s Committee of province, the investor in such project 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 it is authorized by the People’s Committee of the province to approve the project;
b) Within 30 days from receipt of the proposal from the Department 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 shall issue a decision on investor selection.
4. The investor in the official residence construction project specified in Clause 1, Clause 2, and Clause 3 of this Article may be an organization, state agency, or real estate enterprise.
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Article 23. Making, appraising and approving official residence construction project
1. Official residence construction projects shall be made, appraised and approved in accordance with the Law on Housing, this Decree, and regulations of law on construction.
2. The Ministry of Construction shall make, appraise and submit projects in which the investment is 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 it is authorized by the Prime Minister.
3. Regarding projects in which the investment is decided by the Ministry of National Defense or the Ministry of Public Security according to regulations in Point b, Clause 2 Article 28 of the Law on Housing, the Ministry of National Defense or the Ministry of Public Security shall make, appraise such projects 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 will approve the projects.
4. The Department of Construction shall make, appraise and submit projects in which the investment is decided by the People’s Committee of the province as prescribed in Point c Clause 2 Article 28 of the Law on Housing to the People’s Committee of the province for approval.
In case of construction of houses intended to be leased by the persons sent to work in a district or the persons specified 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. In case existing official residences in the area are not adequate and there is commercial housing whose quality, type and standards are suitable for being used as official residences according to regulations of law on construction, the competent authorities specified in Clause 2 Article 28 may purchase them as official residences.
2. The purchase of commercial housing as official residences shall be provided for as follows:
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b) If the houses/apartments are intended to be leased by the entities specified in Point d Clause 1 Article 32 of the Law on Housing, the Ministry of National Defense and the Ministry of Public Security shall formulate the project and reach an agreement with the Ministry of Construction, the Ministry of Finance, the Ministry of Planning and Investment before submitting it to the Prime Minister for approval; after the Prime Minister grants an approval, the Ministry of National Defense and the Ministry of Public Security shall ratify the housing purchase project;
c) If the houses/apartments are intended to be leased by local entities, the Department of Construction shall preside over and cooperate with the Department of Finance of the province in formulating the project and submitting it to the People’s Committee of the province for approval;
d) The project on purchase of commercial housing as official residences shall specify locations, types and quantity of houses/apartments, usable area of each type, prices, relevant costs, capital sources, and 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 shall be carried out as follows
a) According to the approved project contents, the agency appointed as investor in the purchase project shall conclude a house purchase contract with the investor in the commercial housing construction project in accordance with regulations on trade in commercial housing;
b) According to the concluded house purchase contract, the investor in the commercial housing construction project shall transfer the houses/apartments and provide relevant legal documents for the purchaser;
c) After receiving the houses/apartments, the investor in the official residence 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 carry out procedures to request the competent authority to issue the Certificate to the purchaser. In the case specified in Point a Clause 2 of this Article, the Ministry of Construction is the holder of the Certificate. In the case specified in Point b Clause 2 of this Article, the Ministry of National Defense is the holder of the Certificate of the house/apartment purchased by the Ministry of National Defense, the Ministry of Public Security is the holder of the Certificate of the house/apartment purchased by the Ministry of Public Security. In the case specified in Point c Clause 2 of this Article, the People’s Committee of the province or the Department of Construction (if it is authorized by the People’s Committee of the province) is the holder of the Certificate.
Procedures for issuance of Certificates to the authorities specified in this Point shall comply with regulations of the law on land.
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1. In case existing official residences in the area are not adequate for lease and there is commercial housing whose quality, type and standards are suitable for being used as official residences, the competent authorities specified in Clause 2 Article 28 may lease such houses as official residences.
2. Leasing commercial housing as official residences:
a) If the houses/apartments are intended to be leased by central authorities (except for those specified in Point d Clause 1 Article 32 of the Law on Housing), the Ministry of Construction shall preside over and cooperate with the Ministry of Finance in submitting a proposal to the Prime Minister for consideration and decision;
b) If the houses/apartments are intended to be leased by the entities specified in Point d Clause 1 Article 32 of the Law on Housing, the Ministry of National Defense and 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 and the Ministry of Public Security shall decide the lease;
c) If the houses/apartments are intended to be leased 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 decision;
d) The commercial housing lease proposal shall specify locations, types and quantity of houses/apartments, usable area of each type, rents, lease term, relevant costs, capital sources, agencies that are responsible for paying the rents, contracting agency and managing agency.
3. According to the approval by the competent authority specified in Clause 2 of 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 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 according to instructions by the Ministry of Construction.
Section 4. RELOCATION HOUSING DEVELOPMENT
Article 26. Method of investment in construction of relocation housing
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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. Annulled [13]
3. Investors in commercial housing construction projects or industrial park infrastructure projects shall make investment in construction of relocation housing in accordance with Clause 3 and Clause 4 Article 35 of the Law on Housing.
Article 27. Selection of investors in relocation housing construction projects
1. Investors in relocation housing construction projects are the organizations specified 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 specified in Clause 3 Article 36 of the Law on Housing to serve the projects and works of national importance to the Prime Minister so that the Prime Minister makes decision or authorizes the Minister of Construction to make decision on the investor selection;
b) The Department of Construction shall propose investors in the housing construction projects funded by the capital sources specified in Clause 3 Article 36 of the Law on Housing, other than those specified in Point a of this Clause to the People’s Committee of the province so that the People’s Committee of the province decides the investor selection;
c) With regard to housing construction project funded by capital sources specified in Clause 3 Article 26 of this Decree, other than those specified in Clause 3 Article 36 of the Law on Housing, 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.[14]
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a) With regard to housing construction projects funded by the capital sources specified in Clause 3 Article 36 of the Law on Housing, the application shall be the same as that in 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 specified in Clause 3 Article 36 of the Law on Housing, the application shall be the same as that in the case of selection of investor in a commercial housing construction project.
4) Procedures for selection of investor in a relocation housing construction project shall be carried out as follows:
a) In the case specified in Point a Clause 2 of this Article, the Ministry of Construction shall examine the application and request the Prime Minister to decide or authorize the Ministry of Construction to decide the selection;
b) In the case specified in Point b Clause 2 of this Article, the Department of Construction shall examine the application and request the People’s Committee of the province to decide the selection;
c) In case of the investor selection through bidding specified in Point c Clause 2 of this Article, Point b Clause 1 Article 18 of this Decree shall be applied [15];
d) The duration for the investor selection specified in Point a and Point b of this Clause is 30 days from the date in which the satisfactory application is received. In the case specified in Point c of this Clause, the duration shall comply with regulations of law on bidding (if the bidding is held) [16].
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 shall comply with Article 35 and Article 39 of the Law on Housing and the plan for compensation, support and relocation approved by the competent authority.
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a) The unit assigned by the State to arrange relocation housing shall identify 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 category of housing, expected purchase prices, completion schedule, and submit a report to the Department 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 assigned to arrange relocation housing, the Department of Construction shall preside over and cooperate with finance, environment and natural resources authorities of the province in appraising the plan and submitting 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 presiding 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 specified in this Clause;
c) Within 15 days from the date in which the People’s Committee of the province approves the housing purchase plan, the unit assigned by the State to arrange relocation housing shall conclude 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 concluded, 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 is residing;
b) The People’s Committee of the district shall inspect and 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 who wish to relocate enclosed with their applications, and send the list to the Department 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 the approval for the list;
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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. The capital for development of relocation housing shall be raised in the methods 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, the capital shall be provided in accordance with regulations of law on public investment and state budget.
3. Annulled [17]
4. If the capital is raised from compensation or support for relocation when the State withdraws land, regulations of law on land shall be applied; if the land development fund is used, the People’s Committee of the province shall make decision.
5. If capital is raised in the form of capital contribution, investment cooperation, business cooperation, joint venture, or association, the parties shall 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 case where 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 make a plan for the distribution and schedule for provision 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 for approval;
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c) The investor in the relocation housing construction project shall repay the advance to local budget via sale or lease-purchase of houses/apartments to relocated households and individuals, or deduct the advance from the compensation provided for households and individuals when the State withdraws land and removes their houses within 60 days from the date in which the payment for purchase or lease-purchase of housing is collected or the compensation for relocation is provided.
Section 1. MANAGEMENT AND USE OF RELOCATION HOUSING
Article 30. Entities and conditions for lease, lease-purchase and purchase of relocation housing
1. Entities:
a) Households and individuals whose lawful houses must be removed when the State withdraws land to execute a project serving national defense and security purposes, national interest, or public interest according to the planning approved by the competent authority;
b) Households and individuals whose land and houses thereon are withdrawn by the State. Such households and individuals shall relocate but they are not eligible for land compensation according to 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 according to Article 110 of the Law on Housing.
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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 shall be included in the list of relocated entities under the compensation, support, and relocation plan approved by a competent authority and file an application for distribution of relocation housing according to 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 shall be included in the list of relocated entities under the compensation, support, and relocation plan approved by a competent authority and file an application for distribution of social housing for relocation according to the form provided by the Ministry of Construction, and such entities have not received any compensation from the State in the form of housing or residential land.
c) The entities specified 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. Procedures for lease, lease-purchase, purchase and transfer of relocation housing
1. In case of purchase of commercial housing according to 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 date in which the house purchase contract with the investor is concluded, the unit appointed by the State to provide relocation housing shall send a notification to each relocated household and individual according to Article 30 of this Decree, and directly conclude house purchase contracts with them;
c) According to the house purchase contract signed 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 aforesaid households and individuals, or authorize the investor to do so. The transfer of housing shall comply with agreements in the contract when the conditions for transferring houses specified in Clause 4 Article 16 of this Decree and regulations of law on real estate trading are satisfied, and be made into a record enclosed with legal documents related to the houses.
2. In case of purchase of commercial housing according to Point b Clause 1 Article 41 of the Law on Housing:
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b) Within 10 days from the date on which the purchase order contract is concluded, the unit appointed by the State to provide relocation housing shall send a notification to each relocated household or individual specified in Article 30 of this Decree so that such household or individual conclude a house purchase contract with the investor in the commercial housing construction project. The house purchase contract shall be concluded in accordance with instructions provided by the Ministry of Construction;
c) According 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 houses shall be transferred in accordance with agreements in house purchase contracts when the conditions for transferring houses specified in Clause 4 Article 16 of this Decree, and regulations of law on real estate trading are satisfied, and the transfer of houses shall be made into a record enclosed with legal documents related to the houses.
3. If the social housing is used as relocation housing, according to the notification of the People’s Committees of districts specified in Clause 3 Article 28 of this Decree, relocated households and individuals shall directly conclude house lease, lease-purchase and purchase contracts with the investor in the social housing construction project. The transfer of houses shall comply with agreements in the contracts and regulations in Clause 4 Article 16 of this Decree, and be made into a record which is certified by the unit appointed by the State to provide relocation housing and enclosed with legal documents related to the houses purchased or leased under a lease-purchase contract.
4. In case of purchase, lease, lease-purchase of relocation housing invested by the State, the household or individual who is included in the list of relocated entities shall, according to the compensation, support, and relocation plan approved by the competent authority, conclude a house purchase, lease or lease-purchase contract with the investor in the housing construction project; the transfer of such house shall comply with agreements in the contract when the conditions for transferring house specified in Clause 4 Article 16 of this Decree are satisfied, and be made into a record, which is enclosed with legal documents related to the house purchased or leased under a lease-purchase contract
5. In case of provision of relocation housing in accordance with Clause 3 and Clause 4 Article 35 of the Law on Housing, according to the approved compensation, support, and relocation plan, the relocated household or individual shall conclude a house purchase contract with the project investor. The conclusion of the house purchase contract shall comply with regulations on commercial housing trading. The transfer of the houses shall comply with agreements in the contracts when the conditions for transferring house specified in Clause 4 Article 16 of this Decree and regulations of law on real estate trading are satisfied, and be made into a record enclosed with legal documents related to the houses.
6. The investor in the housing construction project specified in Clause 1 through 5 of this Article shall carry out procedures to request the competent authority to issue Certificate to the household or individual who purchased house or leased house under a lease-purchase contract for relocation, unless he/she voluntarily carries out procedures for issuance of Certificate. Such procedures for the issuance of Certificate shall comply with regulations of the law on land.
7. The Ministry of Construction provides forms of contracts for purchase, lease and lease-purchase of relocation housing specified in Point b Clause 1 and Clauses 2, 3 and 4 of this Article.
Article 32. Relocation housing purchase, lease and lease-purchase prices
1. In case the relocated household or individual wishes to purchase housing of the relocation project or commercial housing to be used as relocation housing, their prices shall be determined in the compensation, support, and relocation plan approved by the competent authority.
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3. In case the relocated household or individual wishes 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. Management and use of relocation housing:
a) Owners of relocation housing shall manage, operate and maintain their houses in accordance with the Law on Housing, this Decree, and relevant law;
b) Owners of apartment buildings shall comply with regulations on management and use of apartment buildings; they shall pay fees for maintenance of shared areas of apartment buildings in accordance with the Law on Housing and this Decree, fees for operation of apartment buildings and service charges as agreed with service providers;
c) In addition to aforesaid regulations, owners of state-owned houses shall also comply with regulations in Chapter V of this Decree and owners of social housing shall also comply with regulations on management and use of social housing;
d) Housing in rural areas shall fulfill requirements for hygiene, environmental safety, fire safety and firefighting; and regulations on civilized lifestyles, maintenance of infrastructure works in residential areas shall be satisfied.
2. Operation and trading of services in apartment buildings serving relocation:
a) With regard to some apartments or floors of a commercial apartment building that are purchased as relocation housing, the relocated household or individual may bid for the use of the trading area in the apartment building (if any) if the bid price of such household or individual is equal to the bid prices submitted by other entities in such apartment building;
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c) The management and operation of housing specified in Point a and Point b of this Clause shall comply with the Regulation 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 three groups:
a) Group 1: Villas are ranked as historical and cultural sites according to regulations of law on cultural heritage; villas have the value of architecture and ancient housing determined by the 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 other than those specified in Point a of this Clause and have the architectural, historical and cultural value determined by the 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 other than those specified in Point a and Point b of this Clause.
2. Management, use, maintenance and renovation of villas shall follow the following rules:
a) Complying with regulations of the Law on Housing; with regard to state-owned villas, complying with regulations on management and use of state-owned houses; with regard to houses that have the artistic, historical and cultural value, complying with regulations of law on management of cultural heritage;
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c) With regard to villas in Group 2, maintaining the outer architecture;
d) With regard to villas in Group 3, complying 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 regulations of the Law on Housing, this Decree, and the Regulation on management and use of apartment buildings promulgated by the Ministry of Construction.
2. Causing permeation or leakage; making noise in excess of the level specified by law; discarding 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. Grazing animals in the apartment building.
4. Painting and decorating the outer sides of the apartments of apartment building against regulations on design and architecture.
5. Repurposing the shared area of the apartment building without permission; repurposing the non-residential area in the apartment building without permission and against the design approved by the competent authority.
6. Trading the following industries and goods in the trading area of an apartment building:
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b) Discotheque business; repair of motor vehicles; slaughtering; provision of services causing pollution according to regulations of law on environmental protection.
Restaurant, karaoke and bar business shall ensure noise isolation, fulfill requirements for fire safety and firefighting, have emergency exits and conform to other business conditions prescribed by law.
7. Performing other prohibited acts related to management and use of apartment buildings specified in Article 6 of the Law on Housing.
1. The purchaser, purchaser/tenant and project owner shall pay 2% of the funding for maintenance of shared area of the apartment building according to regulations in Article 108 of the 2014 Law on Housing; this funding is tax-free. Before concluding a purchase or lease-purchase contract related to an apartment or another area in the apartment building, the project owner shall open a checking account at a credit institution or a foreign bank branch (hereinafter referred to as “credit institution”) that are operating in the local area where the abovementioned apartment or area is located to receive maintenance funding from the purchaser or purchaser/tenant of the apartment or area and the project owner according to regulations (hereinafter referred to as “funding account”). When opening such account, the project owner shall specify that the account is intended to receive funding for the maintenance of the apartment building. Before transferring maintenance funding to the management board of the apartment building as per the law, the project owner shall cooperate with the credit institution in transferring the amount from the funding account to a term deposit account.
The owner of the housing construction project with the apartment building shall open a funding account according to regulations in this Clause to manage maintenance funding of the apartment building of the project; after opening the account, the owner shall notify the Department of Construction of the province where the project is located of the account holder, account number, name of credit institution where the funding account is opened and deposit term in writing.
2. When concluding a purchase or lease-purchase contract related to an apartment or another area in an apartment building, all parties shall provide information on the funding account opened according to regulations in Clause 1 herein (account number, account holder, name of credit institution where the account is opened and deposit term) in the contract. Before receiving the apartment or area, the purchaser or purchaser/tenant shall pay maintenance funding as per regulations into the funding account stated in the contract and send written confirmation of the payment to the project owner. If the project owner hands over the apartment or area without collecting maintenance funding from the purchaser or purchaser/tenant, the investor shall pay this funding.
3. With regard to the apartment and another area which is not sold or has not yet been sold or leased out under a lease-purchase contract when the apartment building is put into operation and required to make a 2% contribution to maintenance funding according to regulations of the 2014 Law on Housing, the project owner shall transfer this amount to the funding account opened as per regulations in Clause 1 of this Article. If the project owner fails to provide or transfer this amount as per the law, he/she shall be subject to the administrative penalty or obligated to transfer this amount according to regulations in Article 37 of this Decree; in addition, as the case may be, the project owner may be liable to criminal prosecution as prescribed by law.
4. The project owner shall not request the credit institution to allocate the funding paid to the funding account opened according to regulations in Clause 1 of this Article for any other purpose before transferring the funding to the management board of the apartment building. Before such transfer, the project owner shall carry out maintenance of items and equipment of shared areas of the apartment building whose warranty has expired according to regulations and maintenance plans and procedures formulated as per the construction law. Upon such transfer, the project owner may be reimbursed for this maintenance, but he/she shall have detailed maintenance reports, aforesaid maintenance plans and procedures and invoices and documents proving that the maintenance expenditure is available.
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6. The management board of the apartment building shall open an account to receive the funding for maintenance of shared areas of the building transferred by the project owner according to Regulation on management and use of apartment building promulgated by the Ministry of Construction. Costs arising from transfer of maintenance funding to the management board shall be covered by this funding.
7. After the maintenance funding is transferred to the management board, the project owner shall close the funding account opened as per the law and send a written notification to the Department of Construction of the province where the apartment building is located for monitoring.
1. Procedures for enforcement of transfer of maintenance funding in case where the project owner fails to transfer funding collected according to regulations in Clause 1 Article 36 of this Decree shall be carried out as follows:
a) If the project owner fails to transfer maintenance funding according to regulations in Article 36 herein, the management board of the apartment building shall request the People’s Committee of the province where the building is located, in writing, to require the project owner to transfer the funding as per regulations;
b) Within 10 days from the date in which the written request from the management board is received, the People’s Committee of the province shall request the credit institution where the investor opens the funding account to provide information on the account number and deposit amount in writing. Within 07 days from the date in which the written request from the People’s Committee of the province is received, the credit institution shall provide the requested information;
c) According to information provided by the credit institution, the People's Committee of the province shall issue a decision on enforcement of collection and transfer of maintenance funding to the management board. This decision shall be sent to the Department of Construction, project owner, management board and credit institution where the project owner opens the funding account to have the maintenance funding transferred;
d) Within 05 days from the date of receipt of the enforcement decision from the People's Committee of the province, the credit institution managing the funding account shall transfer the funding to the account opened by the management board for management and use of the funding as per the housing law;
dd) After transferring the maintenance funding to the account of the management board, the credit institution shall send a written notification to the People's Committee of the province, Department of Construction, the project owner and the management board.
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a) If the funding account has insufficient or no funding for the transfer, the provincial People's Committee shall send a written request to the credit institution for provision of information on the business account of the project owner and the amount available in this account. Within 07 days from the date of receipt of the written request from the provincial People's Committee, the credit institution shall provide relevant information for the provincial People's Committee;
b) According to information provided by the credit institution, the provincial People's Committee shall issue a decision on enforcement of collection and transfer of the maintenance funding from the business account of the project owner to the account of the management board. This decision shall be sent to the Department of Construction, the project owner, the management board and credit institution where the project owner opens the funding account to have the maintenance funding transferred;
c) Within 05 days from the date of receipt of the decision on enforcement, the credit institution shall transfer the exact amount written in the decision from the business account of the project owner to the account of the management board. After transferring the money, the credit institution shall send a written notification to the provincial People's Committee, Department of Construction, the project owner and the management board.
3. Procedures for enforcement of distrainment of property of the project owner in case where the project owner has no funding for the transfer according to regulations in Clause 2 of this Article shall be carried out as follows:
a) In case the project owner has a business account but there is no money or insufficient money for deduction according to regulations in Clause 2 herein, the provincial People's Committee shall direct the Department of Construction to preside over and cooperate with the police authority and relevant authorities in inspecting and identifying the housing and land area of the project owner in the project with the apartment building or another project for distrainment and auction of their housing and land to collect maintenance funding. If the project owner does not have the housing and/or land or has the housing and/or land for distrainment but the housing and/or land are/is inadequate for collection of the maintenance funding, other property of the project owner shall be identified and auctioned to collect and transfer sufficient maintenance funding to the management board.
The provincial People's Committee shall distrain upon the housing, land or other property that has the value equal to the maintenance funding to be transferred to the management board of the apartment building and costs of distrainment and auction of such property;
b) According to the housing, land or other property of the project owner identified under regulations in Point a of this Clause, within 10 days, the Department of Construction shall send a report to the provincial People's Committee to issue a decision on enforcement of distrainment and auction of property of the project owner for collection of the maintenance funding of the apartment building. This decision shall specify the grounds for its issuance, name and the headquarter of the project owner whose property is distrained, the maintenance funding to be collected, type and quantity of property distrained and location for distrainment;
c) Procedures for distrainment, valuation and auction of property for collection of the maintenance funding shall comply with regulations of the law on enforcement of execution of decisions on administrative penalties, distrainment and auction of property and other relevant laws;
d) The transfer of maintenance funding collected from property auction shall be recorded in writing with signatures of relevant parties. If the revenue from the property auction is more than the maintenance funding to be transferred and the cost of enforcement of auction, within 30 days from the auction date, the Department of Construction shall cooperate with the auction organization in returning the excessive amount to the project owner whose property is distrained for auction.
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MANAGEMENT AND USE OF STATE-OWNED HOUSES
Article 38. Rules for management and use of state-owned houses
1. State-owned houses shall be used for right purposes and effectively, thereby avoiding losses and wastefulness; state-owned houses shall be leased, leased under lease-purchase contracts or sold by eligible entities in accordance with the Law on Housing and this Decree.
2. The uniform management, close cooperation and clear responsibilities of relevant authorities and units shall be ensured.
3. State-owned houses that are managed shall fulfil requirements for the quality and safety for users. In addition, the regulations in Section 1 Chapter IV of this Decree shall be satisfied in case of relocation housing.
4. The reduction in, and exemption from housing rents shall comply with Article 59, Article 66, Article 67 and 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) shall be managed, sold and leased out in accordance with this Decree.
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Article 39. Authorities and units that manage state-owned houses
1. Authorities representing owners of houses invested by central government budget:
a) The Ministry of Construction is the authority representing owners of official residences of the Government; state-owned social housing invested by central budget; and student housing managed by 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 according to regulations in Point b of this Clause;
b) The Ministry of National Defense and the Ministry of Public Security are authorities representing owners of state-owned official residences or social housing purchased or built by the Ministry of National Defense and the Ministry of Public Security; and student housing managed by educational institutions affiliated to the Ministry of National Defense and the Ministry of Public Security. The Ministry of National Defense is the authority representing owners of old houses under its management, except for the case specified in Clause 2 Article 64 of this Decree;
c) Other Ministries, regulatory bodies and central agencies are authorities representing owners of official residences and student housing managed by educational institutions affiliated to thereto.
2. People’s Committees of provinces are authorities representing owners of state-owned houses under their management in their provinces.
3. Housing authorities are authorities assigned by authorities representing owners specified in Clause 1 and Clause 2 of this Article to manage state-owned houses. To be specific:
a) With regard to Ministries, regulatory bodies and central agencies, housing authorities affiliated thereto;
b) With regard to provinces, Departments of Construction;
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4. Unit operating state-owned houses is an organization or enterprise specialized in housing operation according to regulations in Article 105 of the Law on Housing. The unit is assigned to operate state-owned houses by the authority representing owners.
Article 40. Rights and obligations of authorities representing owners of state-owned houses
1. Each authority representing owners of state-owned houses specified in Clause 1 and Clause 2 Article 39 of this Decree has the following rights and obligations to houses under its management:
a) Decide persons who may lease official residences; lease or purchase old houses; lease or lease-purchase state-owned social housing;
b) Select house-operating units;
c) Approve plans for maintenance, renovation, dismantlement or reconstruction of houses;
d) Impose or decide sales prices and rents;
dd) Decide withdrawal of houses;
e) Other rights and obligations assigned by the Prime Minister according to regulations.
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Article 41. Rights and obligations of state-owned housing authorities
Each state-owned housing authority specified in Clause 3 Article 39 of this Decree has 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 or reconstruction to the authority representing owners of such houses for approval, or directly approve such plans if authorized.
3. Collect, compile, retain housing dossiers, and transfer 01 set of as-built dossier (with regard to new houses) or redrawing dossier (with regard to old houses) to the house-operating unit; the redrawing cost is covered by state budget.
4. The Department of Construction shall establish a Council for valuation of local old houses (including those under the management by the Ministry of National Defense). The Council includes representatives of the Department of Construction, Department of Natural Resources and Environment, Department of Finance, Department of Planning and Architecture (if any), 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 by the Ministry of National Defense, the Council shall have representative(s) of the Ministry of National Defense.
5. Issue and submit the decision on persons permitted to lease official residences, lease or lease-purchase state-owned social housing, lease or purchase old houses to the authority representing owners. With regard to houses of the Ministry of National Defense and the Ministry of Public Security, housing authorities may decide persons permitted to lease, lease-purchase, purchase them if authorized.
6. Request the authority representing owners of houses to select house-operating units or directly select house-operating units if authorized; request the authority representing owners of houses to decide the use of revenue from business operation in trading areas of relocation housing to cover the cost of maintenance of shared area, and housing operation and management.
7. According to regulations of law on brackets of sales prices and rents of state-owned houses, impose sales prices and rents of houses under their management and request the authority representing owners of such houses to make decision.
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9. Manage and supervise the lease, warranty, maintenance, operation of houses; sell or lease-purchase houses under lease-purchase contracts 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 handle violations, or request competent authorities to handle violations related to management and use of houses.
12. Submit and report management and use of houses in accordance with Article 47 of this Decree.
Article 42. Rights and obligations of units operating 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; the operation of state-owned houses shall be entitled to the same benefits applicable to that of public services as prescribed by law.
2. Lease out and manage the use of houses as assigned or under housing operation contracts concluded with housing authorities.
3. Develop and 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.
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6. Collect and retain documents related to construction, operation, warranty, maintenance, renovation of the houses; remake documents that are lost and transfer them to housing authorities for retention according to regulations.
7. Maintain and renovate houses after competent authorities grant approval.
8. Inspect, discover violations and request competent authorities to handle violations against regulations on management and use of houses; withdraw houses under decisions made by competent authorities.
9. Cooperate with local authorities in assurance of security and order for tenants and users of the houses.
10. Make periodic and adhoc reports on management and use of houses in accordance with Article 47 of this Decree.
11. Make financial statements about housing operation as prescribed; perform other rights and obligations prescribed by law.
1. The conversion of official residences into houses for rental specified in Clause 4 Article 81 of the Law on Housing shall be carried out as follows:
a) The authority representing owners of official residences shall make a plan for house conversion, which specifies the conditions of the official residences, reasons for conversion, methods for management and lease after conversion, rents, eligible tenants and managing agencies. The rents and eligible tenants after conversion shall comply with regulations on lease of state-owned social housing or shall be decided through bidding.
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c) If the Prime Minister approves the report and plan, the authority representing owners shall approve the plan and manage, lease out the official residences in accordance with the plan and written approval of the Prime Minister, the Law on Housing, regulations on management and use of state-owned property, and submit annual reports to the Ministry of Construction for monitoring and management.
2. In case the authority representing owners wishes to sell official residences after conversion according to regulations in Clause 1 of this Article to reinvest in construction of other official residences or sell social housing to reinvest in construction of other social housing:
a) The authority representing owners shall make a plan for selling official residences/social housing, which specifies the address and quantity, reasons for sale, sale prices, land levy that is payable; purchase conditions; sale procedures; payment methods, deadline, estimated proceeds; plan for using the proceeds to invest in construction of other houses.
Social housing shall be only sold to the entities specified in Clause 1 Article 50 of the Law on Housing; the sale price (including the house price and land levy) shall comply with regulations on selling social housing. After an official residence is converted, the sale price shall be determined according to the remaining value of the residence and the land levy shall be collected in accordance with regulations of land law.
b) The owner's representative authority shall submit a report enclosed with the plan to the Ministry of Construction for review and report to the Prime Minister for approval;
c) If the Prime Minister approves the report and plan, the owner's representative authority shall approve the plan and implement it in accordance with the plan and the written approval of the Prime Minister;
d) The proceeds from selling official residences/social housing shall be used for reinvestment in construction of social housing or official residences. The owner's representative authority shall send a report on the use of such proceeds to the Ministry of Construction and the Ministry of Construction is responsible for inspection of the use of such proceeds to report to the Prime Minister.
3. In case the Ministry of Construction wishes to convert and sell state-owned social housing or official residences under its management according to regulations in this Article, the document shall be made and sent according to regulations in Clause 1 and Clause 2 of this Article to the Prime Minister for consideration and decision.
Article 44. Management of proceeds from the lease, lease-purchase and sale of state-owned houses
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a) The proceeds from lease of the houses shall be used for maintenance and operation of state-owned houses that are being leased;
b) After deducting costs of lease-purchase and sale of houses, the seller/landlord shall transfer the proceeds from such lease-purchase and sale to state budget as prescribed, except for the houses specified in Clause 2 of this Article to use for reinvestment in construction of state-owned local social housing or official residences.
2. The proceeds from selling old houses under the management by 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 for purchase or lease-purchase; the Ministry of National Defense consults with the Ministry of Construction about the use of such proceeds and reinvestment in housing construction before construction of the housing. After completing the construction, the Ministry of National Defense is responsible for submitting a report to the Ministry of Construction for summary and report to the Prime Minister.
3. The Ministry of Finance shall preside over and cooperate with the Ministry of Construction in providing specific instructions on use of proceeds from lease of the house for maintenance and operation of houses for lease; specific instructions on the costs of lease-purchase and sale of state-owned houses specified in this Article.
Article 45. Procedures for withdrawal of state-owned houses
1. In case of withdrawal of a house specified in Article 84 of the Law on Housing or in case a state-owned house is illegally appropriated, the house-operating unit shall state reasons and request the tenant, purchaser/tenant, or purchaser, or person who illegally appropriates the house (hereinafter referred to as “house user”), in writing, to return it within 60 days from the date on which the written 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 date in which the written request of the house-operating unit is received, the housing authority shall conduct inspection. If the house is subject to withdrawal, a written request shall be sent to the authority representing the owner of such house for issuance of a decision on house withdrawal. If the housing authority finds that the house is subject to withdrawal, it shall carry out procedures for house withdrawal specified in this Article.
3. Within 10 days from the date in which the written request of the housing authority is received, the owner's representative authority shall conduct inspection. If the house is eligible for withdrawal according to Clause 1 of this Article, a decision on house withdrawal shall be issued and sent to the housing authority, the house-operating unit and the house user. If the house is under the management by 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 owner's representative authority.
4. A decision on house withdrawal shall contain:
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b) Address of the house and full name of its user;
c) Reasons for house withdrawal;
d) Name of the unit that withdraws the house; responsibility for return of the house;
dd) Deadline for house withdrawal;
e) Methods of management and use of state-owned houses after withdrawal.
5. Within 05 days from the receipt of the decision on house withdrawal, the house-operating unit shall send a written notification enclosed with a copy of the decision on house withdrawal to the house user for return of the house; the house user shall return the house to the house-operating unit by the deadline stated in the decision; the house withdrawal shall be made into a record with signatures of relevant parties; if the house user fails to receive the notification or sign the record of returning the house, the house-operating unit shall invite a representative of the People’s Committee of the commune where the house is located to witness and sign the record.
6. Within 05 days from the receipt of the decision on house withdrawal from the competent authority, the house-operating unit or the housing authority shall terminate the house lease, purchase or lease-purchase contract (if any). In case a house is withdrawn because it was sold ultra vires or against the Law on Housing and this Decree, the purchaser will receive a refund of the payment for the house, unless the purchaser used fraudulent documents to purchase 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 shall send a report on completion of the house withdrawal to the housing authority. Withdrawn houses shall be used for the purposes specified in the Law on Housing and this Decree.
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1. In case 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 written request to the housing authority for enforcement of house withdrawal.
2. Within 05 days from receipt of the written request from the house-operating unit, the housing authority shall verify, and send a report and a draft decision on enforcement of house withdrawal to the owner's 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 owner's representative authority shall conduct inspection and issue a decision on enforcement of house withdrawal according to Article 45 of this Decree, and send this decision to the housing authority, house-operating unit and the house user. If the decision on enforcement of house withdrawal is issued by a Ministry, a regulatory body or central agency, the agency shall send a written request enclosed with the decision to the People’s Committee of the province in which the house is located for organization of the enforcement of house withdrawal.
If the house is not subject to enforcement of house withdrawal, the owner's representative authority shall send a written notification to the housing authority and the house-operating unit to continue to perform management according to regulations.
The housing authority affiliated to the Ministry of National Defense or the Ministry of Public Security may issue a decision on enforcement of withdrawal of the house under the management by 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 district in which the house is located to organize the enforcement of house withdrawal and return the house to the house-operating unit according to regulations. The return of the house shall be made into a record certified by the participating agencies
5. The enforcement of house withdrawal shall be done within 30 days from the date in which the owner's representative authority issues a decision on enforcement of house withdrawal.
6. After the house is withdrawn, the house-operating unit shall send a report on completion of the house withdrawal to the housing authority. Withdrawn houses shall be used for the purposes specified in the Law on Housing and this Decree.
Article 47. Regime, content and procedure for reporting management of state-owned houses
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a) Each house-operating unit shall submit a report to the housing authority;
b) Each housing authority shall submit a report on the house under its management to the owner's representative authority;
c) People’s Committees of provinces, ministries, regulatory bodies and central agencies that are 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 contents and regime:
a) Each report shall specify quantity and usable area of each category of state-owned houses (villas, apartments, detached houses); quantity of houses that have been leased, leased under lease-purchase contracts and sold; total revenue from lease, lease-purchase, and sale of houses by the time of the report; house withdrawal cases and management of such houses 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 adhoc reports 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
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2. Any entity specified in Point b Clause 1 Article 32 of the Law on Housing who is transferred or seconded to hold the position of Deputy Minister or another position that has the allowance coefficient of 1,3 or higher in any central agency (agencies of the Communist Party or socio-political organizations, including 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) may lease an official residence.
3. Any entity specified in Point b Clause 1 Article 32 of the Law on Housing who is transferred or seconded to hold the position of the President of the People’s Committee of district, Director of provincial Department, or another position that has the allowance coefficient of 0.9 or higher in any local agency (agencies of the Communist Party or socio-political organizations, including 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) may lease an official residence.
4. Any entity is specified in Points c, d, dd, e and g Clause 1 Article 32 of the Law on Housing
Article 49. Conditions for leasing official residences
1. Each entity specified in Point a Clause 1 Article 32 of the Law on Housing shall satisfy the condition that he/she is holding his/her position.
2. Each entity specified in Point b Clause 1 Article 32 of the Law on Housing shall satisfy the conditions. To be specific:
a) There is a decision on transfer or secondment and there are documents proving the allowance coefficient;
b) He/she has not yet owned a house, leased, leased under a lease-purchase contract, or purchased a social housing in an area in which he/she moves 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. Each entity specified in Point d Clause 1 Article 32 of the Law on Housing shall satisfy the conditions. To be specific:
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b) He/she shall satisfy housing requirements specified in Point b Clause 2 of this Article;
c) He/she is not required to stay in a military camp according to regulations of the Ministry of National Defense or the Ministry of Public Security.
4. Each entity specified in Points c, d and e Clause 1 Article 32 of the Law on Housing shall satisfy the following conditions. To be specific:
a) There is a decision to transfer, second or appoint him/her to move to work in areas according to regulations of Law on Housing;
b) He/she shall satisfy housing requirements specified in Point b Clause 2 of this Article;
c) If he/she is appointed to work in a rural plain or midland region outside of the district, the distance from the region to his/her residence shall be at least 30 km; if he/she is appointed to work in a rural area that is extremely disadvantaged, border area, or an island, the People’s Committee of the province shall decide the distance from the aforesaid area to his/her residence in conformity with the actual situation of each area and the distance shall be at least 10 km.
5. Each entity specified in Point g Clause 1 Article 32 of the Law on Housing shall satisfy the conditions. To be specific:
a) There is a decision on appointment as a person in charge of national science and technology tasks of particular importance according to regulations of law on science and technology;
b) He/she shall satisfy housing requirements specified in Point b Clause 2 of this Article;
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1. 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 any entity specified in Points b, c, d, dd, e and g Clause 1 Article 32 of the Law on Housing:
a) He/she shall submit an application for rental of an official residence 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 consideration and decision to lease the official residence;
b) Within 20 days from 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 to lease the official residence or, if such conditions are not satisfied, give a written response and provide explanation
c) Within 10 days from the receipt of the decision to lease the official residence, the unit assigned to operate the official residence shall conclude 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 operating houses. Official residences in rural areas, extremely disadvantaged areas, border 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 units operating their official residences;
c) Local official residences allocated to officials of provincial agencies shall be operated by organizations or units capable of operating houses. If such organizations or units are not available, the Department of Construction shall establish an affiliated department to operate them and hire official residence operation services;
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dd) Official residences allocated to teachers, doctors or health workers on the premises or adjacent to a school or a medical facility may be operated by such school or medical facility
4. The Ministry of Construction shall provide forms of applications for rental of official residences, official residence lease contracts, and issue regulations on management and use of official residences.
Article 51. Rents of official residences and payment thereof
1. Rents of official residences shall be determined in accordance with Article 33 of the Law on Housing.
2. Payment of rents of official residences:
a) A tenant of an official residence shall pay the rent in accordance with the concluded lease contract at the time of receipt of wages from the State according to regulations. If the tenant fails to pay the rent for 03 consecutive months, the unit operating official residence shall request the employer of the tenant to deduct the rent from his/her wages. The employer of the tenant shall transfer the rent to the operating unit;
b) With regard to commercial housing as an official residence, if 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 difference shall comply with instructions of the Ministry of Finance;
c) In case the unit operating the official residence concludes a lease contract with the employer of the tenant, the employer shall deduct the rent from his/her wages to pay the operating unit according to regulations in this Clause.
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4. The Ministry of Construction shall provide instructions on determination of rents of official residences.
Section 3. MANAGEMENT AND USE OF SOCIAL HOUSING
Article 52. Entities and conditions for lease and lease-purchase of state-owned social housing
1. 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, students may lease social housing according to the following order of priority: students of families who 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 shall 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 shall be less than 10 m2 per person.
Income requirements shall not be applied to entities specified in Clause 10 Article 49 of the Law on Housing, but they shall be entities who have not yet 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 purchaser/tenant shall satisfy conditions specified in Clause 2 of this Article and pay the first installment which is 20% of the value of the house leased under a lease-purchase contract. The first installment may increase to 50% of the value of house.
Article 53. Application for lease and lease-purchase of state-owned social housing
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a) An application form for lease or lease-purchase of 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 in rents (if any).
2. The Ministry of Construction shall provide the application forms for lease and lease-purchase of social housing; provides specific guidance on documents proving the conditions of the house, documents proving fulfillment of requirements for residence and income specified in Point b Clause 1 of this Article, and documents proving eligibility for exemption or reduction in rents specified in Point c Clause 1 of this Article.
Article 54. Procedures for lease and lease-purchase of state-owned social housing
1. Any person who wishes to lease or lease-purchase a state-owned social housing shall submit 01 application [20] specified 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 shall not request the applicant 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 the house-operating unit receives the application, after checking and classifying the application, the unit shall send a list of persons eligible for lease and lease-purchase enclosed with legal applications to the housing authority for consideration and inspection.
3. According to the list of applicants enclosed with legal applications, the housing authority shall directly consider or establish a Council to consider each application in order to determine eligible applicants and applicants that get priority (if any)
The housing authority shall send a list of eligible applications and applications that get priority enclosed with records to the owner's representative authority, and a list of ineligible or rejected applications to the house-operating unit in order to notify the applicants.
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5. The deadline for processing an application is 30 days from the date on which the house-operating unit receives the satisfactory application. In case of the application to be considered or graded, the deadline shall not exceed 60 days.
6. Rights and obligations of tenants and purchasers/tenants of state-owned social housing shall comply with the Law on Housing and lease or lease-purchase contracts.
7. The Ministry of Construction shall provide forms of lease contracts and lease-purchase contracts; specific guidance on rules and criteria for selection of eligible applicants, management and use of state-owned student housing.
1. Rents of 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 shall be determined in accordance with Clause 2 through 4 Article 60 of the Law on Housing, excluding the housing maintenance fee which must be paid by the purchaser/tenant specified in Article 108 of the Law on Housing.
2. Apart from paying the rent or lease-purchase price specified in Clause 1 of this Article, the tenant or purchaser/tenant shall pay costs of management and use of housing, including operating cost, payment for electricity and water supply, communications, televisions and other services in accordance with regulations of law and contracts with service providers.
3. The Ministry of Construction shall provide specific guidance on cost items constituting prices and 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 shall comply with Article 64, Section 2 Chapter VI of the Law on Housing, and Article 38 of this Decree.
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3. State-owned social housing shall be operated by units or organizations capable of operating houses. The house-operating unit shall monitor and report the management and use of such houses in accordance with Article 47 of this Decree.
If there is no house-operating unit in the province that satisfies requirements of the Law on Housing, the Department of Construction of the province shall establish an affiliated department to operate them and hire housing operation services; the cost of housing operation shall be covered by the rents and local government budgets
Section 4. LEASE OF STATE-OWNED OLD HOUSES
Article 57. Entities and conditions for leasing state-owned old houses
1 21. 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:
a) 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);
b) People provided with houses specified in Clause 1 Article 61 of this Decree;
c) Entities receiving the transferred rights to lease houses that have been put into use according to the time specified at Point a or Point b of this Clause and obtaining written approval for the transfer of the right from the housing management agency when carrying out procedures for leasing houses in accordance with the law;
d) Entities specified in Point dd Clause 2 of this Article;
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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 obtains a decision on housing provision in which he/she is not a recipient, and the house is not in dispute, he/she shall 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.
dd) [22] If a person who is currently using a state-managed house does not have any of the documents specified in Point a, b, c or d of this Clause but has a documentary proof of use of a house granted before January 19, 2007 (including permanent or temporary residence registration; housing declaration registration or annual land levy payment receipt), which is not involved in any dispute or lawsuit and confirmed to be lawfully occupied by this person by the housing authority in the rental application, this person may sign a lease contract with the house operating unit according to regulations in Article 60 of this Decree.
Article 57a. Determination of the date of allocation of state-owned old houses 23
1. If the old state-owned house is being used by a person (the occupant) who has a house lease contract in which he/she is the tenant, the housing allocation date shall be:
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b) Date of conclusion of the house lease contract if such contract does not specify the housing allocation date;
c) Housing allocation date specified in the first contract in case the house lease contract is re-signed or renewed;
d) Date of payment of house rent in case the occupant has documents proving that he/she has paid the rent before signing the house lease contract; in case the competent authority has collected the house rent before the house lease contract is signed (with proving documents), the housing allocation date shall be the collection date;
dd) Date specified in the housing allocation document (if any) in which he/she is a recipient; issuance date of the housing allocation document in case where the document does not specify the housing allocation date.
e) 24 If the occupant obtains proving documents specified at Point dd, Clause 2, Article 57 of this Decree, the housing allocation date shall be determined according to the time when the competent authority has issued such proving documents.
2. If the occupant does not have a house lease contract but is the recipient in the housing allocation document, the housing allocation date shall be the date specified therein; in case the housing allocation date is not specified in the housing allocation document, it shall be the issuance date of such document.
3. If the occupant is a transferee of house lease rights and has a house lease contract or housing allocation document in which he/she is not the tenant or recipient, the housing allocation date shall be the initial conclusion or issuance date of the house lease contract or housing allocation document.
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 be applied.
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Article 59. Exemption and reduction in rents for state-owned old houses
1. Exemption and reduction in rents for state-owned old houses shall be granted as follows:
a) A person granted exemption and/or reduction in rents shall be a party to the lease contract (including the representative in the contract and other members in the contract);
b) A tenant is only granted exemption and/or reduction in rents once. A person who leases more than one state-owned house shall be granted exemption and/or reduction in rents for only one house;
c) If a person is eligible for various levels of exemption and/or reduction in rents, the highest level shall be applied.
d) If a household has two or more tenants who are eligible for rent reduction, the household shall be granted an exemption from house rents.
2. Entitles eligible for exemption and/or reduction in rents for old houses include:
a) Revolutionary contributors according to regulations of law on incentives for revolutionary contributors;
b) Poor households, near-poverty households according to standards issued by the Prime Minister;
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3. The level of exemption and/or reduction in rents specified in Clause 2 of this Article shall be decided by the Prime Minister.
Poor households, near-poverty households, the disabled, the lonely elderly or entities with extreme difficulties in housing in urban areas shall be granted 60% reduction of house rents; with regard to a poor household or a near-poverty household, this reduction is applicable to the whole household, not each member therein.
Article 60. Application and procedures for leasing state-owned old houses
1. An application for lease of state-owned old house includes:
a) An application form;
b) 25 Any documentary proof of use of the house specified in Point b, Point c, Point d or Point dd Clause 2 Article 57 of this Decree;
c) 26 A copy of the unexpired ID card or passport or military ID card of the applicant; and a certified true copy of marriage certificate (for spouses);
d) Copies of documents proving the eligibility for exemption or reduction in rents (if any).
2 27. Procedures for leasing old houses in cases specified in Point b, Point dd Clause 2 Article 57 shall be carried out as follows:
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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 shall be notified;
c) If the application is satisfactory, the housing authority shall send a proposal enclosed with a draft decision on approval for eligible tenant to the owner's representative authority for decision;
d) According to the proposal of the housing authority, the owner's representative authority shall issue a decision on approval for eligible tenant, then send it to the housing authority in order to request the operating unit to sign the lease contract. In case 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 approval for eligible tenants.
After the decision on approval for eligible tenants is issued, the house-operating unit shall conclude a lease contract with the tenant.
3. Procedures for signing a lease contract with the tenant specified in Point c and Point d Clause 2 Article 57 of this Decree shall be carried out as follows:
a) In case the occupant is given the right to lease the house before June 06, 2013, which is the issuance date of Government's Decree No. 34/2013/ND-CP dated April 22, 2013 on management of state-owned houses (hereinafter referred to as Decree No. 34/2013/ND-CP), the applicant shall submit 01 application [29] 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 house to be leased on 03 issues of a local paper on its web portal. If the application is received by the housing authority, the application shall be transferred to the house-operating unit and this unit shall publish such information.
After 30 days from the last publication date, in case of no dispute over the house to be leased, the house-operating unit shall sign a contract with the tenant and send a report to the housing authority. In case of a dispute over the house, the lease contract shall only be concluded after the dispute is settled.
b) If the occupant is given the right to lease the house from June 06, 2013, the applicant shall submit 01 application [30] specified 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, in case of no dispute, issue a written approval for the transfer of the right to lease and send it enclosed with a copy of the application to the house-operating unit in order to conclude a contract with the tenant. If the application is received by the house-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 the contract is concluded. If the housing authority does not make approval, the applicant shall be notified.
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5. 31 An application for lease of an old house shall be processed within 30 days from the date on which the satisfactory application is received. The contract for lease of the old house shall be valid for 05 years from the date in which it is concluded, except for case where the lessee asks for a leasing period which is shorter than 5 years.
When the house lease contract expires but the lessee is still eligible for house lease and wishes to keep leasing the house, such contract may be renewed for the period which is equal to the previous period of lease, except for house appropriation as regulated by laws.
6. The Ministry of Construction shall provide forms of application, lease contract, and documents proving the use of old houses.
1. The State leases a house out in accordance with this Decree in cases. To be specific:
a) Construction of the house invested by state budget is permitted by competent authority before November 27, 1992 but such construction is not complete until November 27, 1992, and then such house is used for lease by an official or worker according to the Prime Minister’s Decision No. 118/TTg
b) A person had leased the house before November 27, 1992 but he/she is assigned to work in another area and 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 from November 27, 1992 to before July 05, 1994;
d) A house or a building that was not originally a house is put into use as a house from July 05, 1994 to before January 19, 2007.
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a) If the houses specified in Point a, Point b and Point c Clause 1 of this Article have not been renovated or reconstructed, the rents for unrenovated and unreconstructed houses decided by the Prime Minister shall be applied. If such houses have been renovated or reconstructed, the rents for state-owned social housing shall be applied;
b) The rents for state-owned social housing shall be applied to the houses specified in Point d Clause 1 of this Article.
3. A building that is put into use as a house from January 19, 2007 shall be dealt with in accordance with regulations on management of state-owned real estate.
Section 5. SALE OF STATE-OWNED OLD HOUSES
Article 62. Types of state-owned old houses prohibited from selling
1. The following types of state-owned old houses shall not be sold:
a) 32 Houses in areas intended for construction of official residences or works of national importance as per the law;
b) House or its land that has been withdrawn under a decision of the 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;
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dd) Seriously damaged apartment building that is likely to collapse and threatens the safety of its user according to a conclusion of the Department of Construction of the province where the apartment building is located; any apartment that has not been renovated by the State, unless the tenant has renovated it before this Decree comes into force and uses it independently and voluntarily under a written commitment;
e) Any villa on the list of villas prohibited from selling that is 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 shall be 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 prohibited from selling specified in Clause 1 of this Article shall be handled on a case-by-case basis. The tenants shall be eligible for applicable policies on housing and land.
Article 63. Entities and conditions for purchase and sale of state-owned old houses
1. Purchasers of state-owned old houses shall be eligible for housing provision specified in Clause 1 Article 57 of this Decree.
2. A purchaser of state-owned old houses shall satisfy the following conditions:
a) There is a lease contract with a house-operating unit and he/she 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 representatives to sign the house purchase contract with the housing authority;
b) 33 The rents under the lease contract as well as housing operating costs (if any) shall be paid sufficiently at the time of signing of the house purchase contract.
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c) There is an application for purchase of the old house that is 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 any house specified in Article 62 of this Decree;
b) The house is not under dispute;
c) In case an old house must 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 shall 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 shall satisfy the following conditions: its land shall 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, and 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 where it is located, except for houses under management by the Ministry of National Defense.
dd) 34 If an old house managed by a regulatory body or unit that has housing is transferred to the housing authority but, at the time of receipt, the house has been demolished and rebuilt, the housing authority shall receive and, depending on each case, sell it to the tenant at the rate specified in Article 65 or Article 70 of this Decree without carrying out the procedure for signing the lease contract.
4. In case of selling a building that was not originally a house but put into use as a house from July 05, 1994 to before January 19, 2007, regulations in Article 70 of this Decree shall be applied.
5. In case a building that was not originally a house is put into use as a house before July 05, 1994 but does not satisfy the conditions in Point d Clause 3 of this Article, and the building is provided as a house from January 19, 2007, regulations of law on management of state-owned real estate shall be applied.
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1. The People’s Committees of provinces and the Ministry of National Defense shall be responsible for selling houses and appointing housing authorities to sell state-owned old houses in accordance with this Decree.
2. If the Ministry of National Defense wishes to transfer old houses under its management to People’s Committees of provinces where such houses are located for management and sale, the Ministry of National Defense shall reach agreements with them on transfer. After receiving the old houses from the Ministry of National Defense, the People’s Committees of the provinces shall act as authorities representing owners of such old houses and be responsible for managing, leasing out and selling them in accordance with this Decree.
Article 65. Sale prices of state-owned old houses
The sale price of any old house put into use before July 05, 1994 (including those that have undergone public ownership establishment specified in Point c Clause 3 Article 63 of this Decree) shall include the house price and land levy, regardless of the quantity of houses purchased at a time. To be specific:
1 35. The house price shall be 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 villa in which more than one household lives and there is a shared area, this shared area shall be divided according to the ratio of use area (m2) of each household. With regard to a class IV house that has been dismantled and rebuilt by the tenant before this Decree comes into force, its remaining value is 0 (zero).
With regard to houses of classes I, II and II that have been dismantled and rebuilt by the tenants prior to the effective date of this Decree, the remaining value of these houses shall be determined according to their current states at the time of allocation written in the decision or document on housing distribution or allocation or the lease contract or the house use time that is determined according to documents mentioned in Point dd Clause 2 Article 57 herein. In case any document specified in this Clause states the house class but this document does not state its remaining quality, the remaining quality rate shall be equal to 50% of the value of that house class; in case the house class is not stated, the remaining quality rate shall be equal to 50% of the value of the class III house to serve as the basis for calculation of the house selling price.
2. When the land use right is transferred and the old house is sold, the land levy shall be 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 depend on the location and number of stories of the house. To be specific:
a) With regard to a multi-story house in which more than one household lives, the land levy shall be 10% of the land price when the land use right is transferred and divided among the stories according to coefficient of each story;
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c) With regard to a villa in which more than one household lives, the land area for calculation of land levy incurred by each household includes the private area 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 villa. Calculation of land levy payable by each household will be carried out in the area where many households are living before other areas.
The People’s Committee of the province shall specify the division of land area when selling villas according to actual condition of each province;
d) With regard to detached houses facing 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 list issued by the People’s Committee of the province to calculate the land levy when selling houses and transferring the right to use the land associated with such houses;
dd) With regard to an old house the contribution 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 purchasers 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;
e) 36 With regard to land already allocated by regulatory bodies and units for self-construction of housing, which is not funded by state budget, the land levy shall be determined according to regulations of law on land;
g) 37 With regard to houses which are liquidated or sold by the State according to previous regulations on policies on housing liquidation and sale, and only the money from the sale, not the land levy, of which has been collected by the State, the land levy shall be collected according to regulations in Article 65 of this Decree.
3 38. With regard to a single-story or multi-story house in which multiple households live, with shared housing and/or residential land, this shared area may be sold to all current households if they reach a consensus on division of the area among themselves in writing. House price and land levy for this shared area shall be determined according to regulations in Clauses 1 and 2 of this Article
If such consensus is not reached, the housing authority shall not sell this area and keep managing it in accordance with this Decree and housing law.
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 household lives.
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1. The sale price of a state-owned old house includes the house price and land levy.
2. Exemption and/or reduction in the land levy when selling a house and transferring land use right associated with this house shall comply with the following rules below:
a) The exemption and/or reduction in the land levy when selling a state-owned old house is only granted once to the purchaser. In case a purchaser is eligible for multiple levels of reduction, the highest level shall be applied. If multiple members of a household are eligible for reduction in land levy, the reductions may be accrued but the total reduction shall not exceed the amount of land levy payable by the purchaser;
b) Exemption and/or reduction in land levies shall not be granted in cases specified 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 in the land levy when purchasing state-owned houses or receiving land from the State to build houses, or provided with monetary support for house improvement before this Decree comes into force shall not be granted exemption and/or reduction of the land levy when receiving land use right associated with the house purchased in accordance with this Decree.
3. Rules for reduction in house prices:
a) Reduction in house prices shall not be duplicated in terms of time and beneficiaries. Each person shall be granted only one reduction when purchasing a house he/she is leasing;
b) House prices shall not be reduced in cases specified in Point c and Point d Clause 1 Article 61, Clause 1 Article 71 of this Decree;
c) In case a household has more than one member enumerated on the same house lease contract or residing in the same house which is eligible for house price reduction, the reduction may be accrued but the total reduction shall not exceed the price payable (excluding land levy);
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Article 67. Entities eligible for exemption and reduction in sale prices for state-owned old houses
1. Entities eligible for exemption and/or reduction in land levies when purchasing state-owned old houses in association with receipt of transfer of land use rights include:
a) Revolutionary contributors according to regulations of law on incentives for revolutionary contributors;
b) Poor households, near-poverty households according to standards issued by the Prime Minister;
c) The disabled, the lonely elderly and entities with extreme difficulties in housing in urban areas.
2. Entities eligible for reduction in houses prices when purchasing state-owned old houses include:
a) Officials and public employees 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;
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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) Entities specified in Points 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/HDBT 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) Entities specified in Clause 1 of this Article;
Article 68. Levels of exemption and reduction in sale prices for state-owned old houses
1. The level of exemption and/or reduction in the land levy for any entity specified in Clause 1 Article 67 of this Decree shall be decided by the Prime Minister.
Poor households, near-poverty households, the disabled, the lonely elderly, and entities with extreme difficulties in housing in urban areas shall be granted 60% reduction in land levies. With regard to poor households and near-poverty households, this reduction shall be applied to the whole household, not each member therein.
2. Levels of reduction in house prices for entities specified in Clause 2 Article 67 of this Decree:
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b) A revolutionary contributor, a member of a poor household or near-poverty household, a person with disabilities, and an old person who is lonely 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 person. 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 be applied.
With regard to a poor households or near-poverty household, the reduction shall be applied to the whole household, not each member therein.
Article 69. Application and procedures for selling state-owned old houses
1. An application for purchasing a state-owned old house includes:
a) An application form;
b) 39 A copy of the unexpired ID card or passport or military ID card of the applicant; and a certified true copy of marriage certificate (for spouses);
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); in case the person who is included in the lease contract is dead, it is required to have a death certificate
In case a member renounces his/her right to purchase the house and has his/her name written on the Certificate, it is required to have a letter of renouncement and commitment not to file any lawsuit or appeal against this transaction;
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2. Procedures for selling state-owned old houses shall be carried out as follows
a) The purchaser 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 purchasers. According to the application for purchase of an old house, the Department of Construction shall hold a meeting of the Council to determine the sale price of such house and land use right. After the Council determines sale prices of houses and land use right, the Department of Construction shall make and send a list of eligible purchasers enclosed with a price list to the owner's representative authority for consideration and decision.
With regard to old houses under management by 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 authority, the owner's representative authority shall consider issuing a decision to sell old houses which specifies the eligible purchasers, addresses of the houses, sale prices of the houses and land use right, then send such decision to the housing authority and the house-operating unit for them to conclude house purchase contracts.
d) After receiving the decision to sell old houses, the house-operating unit shall notify the purchaser 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 date in which the house-operating unit receives the satisfactory application until the house purchase contract is concluded. This period shall not be included in the time limit for fulfillment of financial obligations and time limit for competent authority to issue the Certificate to the purchaser.
The Certificate shall be issued to the purchaser in accordance with regulations of law on land. The Certificate issuer shall send a list of purchasers issued with the Certificates and a copy of each Certificate to the Department of Construction for monitoring;
e) If the purchaser has not concluded the contract after 90 days from the date in 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 purchaser.
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1. A house or a building that was not originally a house but is allocated for a household or an individual for residence from July 5, 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 purchaser shall satisfy requirements specified in Clause 2 Article 63 and the house shall satisfy requirements specified in Clause 3 Article 63 of this Decree;
b) The sale price shall include the house price and land levy;
c) The house price shall be determined by (=) 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 (x) the usable area.
The remaining value of houses demolished and rebuilt shall be determined according to regulations in Clause 1 Article 65 herein [41];
d) When the land use right is transferred, the land levy shall be 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 (including land levy determined by coefficient (k) 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 from July 05, 1994 to before January 19, 2007 does not satisfy conditions for sale specified in Point a Clause 1 of this Article, regulations of law on management of state-owned real estate shall be applied.
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a) The purchaser shall pay the house price and land levy on such shared area;
b) The house price shall be equal to (=) 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 (x) the usable area;
c) The land levy shall be 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 (including land levy determined by coefficient (k) in case the house is one of those specified in Point d Clause 2 Article 65 of this Decree);
d) Before selling the shared area according to regulations of this Clause, 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/ND-CP or this Decree, 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 shall be 40% of the land price if the area does not exceed the limit, and 100% of the land price 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). When the land use right is transferred, the land price as the basis for calculating land levy may be applied according to the land price list issued by the People’s Committee of the province applicable at the time of transferring 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.
If the adjacent area is located within the premises of the old state-owned house, faces a street and is appropriate for business as determined by the provincial People’s Committee, the land levy shall be calculated according to the land price coefficient K specified in Point d Clause 2 Article 65 herein when the rights to use this area are transferred to the purchaser [42].
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. In this case, the land levy 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.
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5 44. The provincial People’s Committee shall handle the cases provided for in Clauses 1, 2 and 3 of this Article according to the procedures in Article 71a of this Decree; and provide funding for measuring, drawing, preparing documents on and managing the shared areas provided for in Clause 4 of this Article.
6. The Ministry of Construction shall provide specific guidance on Clause 1 and Clause 2 of this Article.
1. An application includes:
a) An application form, which is made using the form in the Appendix hereof;
b) 46 Unexpired identity card or passport or police identity card or documentary proof of participation in the people’s military force according to regulations of the Ministry of National Defense of the applicant; and a copy of family registry or marriage certificate (for spouses);
c) Any of the following documentary proofs:
With regard to the case provided for in Clause 1 Article 71 herein: certificate of ownership of the purchased house area or the contract for purchase of this house area signed with the competent authority in case this certificate is not available.
With regard to the case provided for in Clause 2 Article 71 herein: certificate of ownership of the purchased house, or documentary proof of liquidation and sale of the house or contract for purchase of the house in case this certificate is not available, and lease contract in case the applicant is leasing the house and wishes to purchase it and deal with the adjacent area.
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d) The applicant shall submit copies of the documentary proofs specified in this Clause enclosed with their original copies for comparison (in person) or notarized or certified copies of these proofs to the receiving body (by post).
2. Procedures for handling shall be carried out as follows:
a) The applicant shall submit one application prepared according to regulations in Clause 1 of this Article in person or by post to the house-operating unit or Department of Construction (under decision made by the provincial People's Committee);
b) The application-receiving body shall receive and inspect the application and draw up a receipt document or written notification to the applicant of the result announcement date. If the application lacks any component specified in Clause 1 herein, the receiving body shall immediately provide instructions for the applicant (if the application is submitted in person) or send a request for supplementation per the law to the applicant within 03 days after the date of receipt of the application (if it is submitted by post).
If the receiving body is the house operating unit, within 05 days after the date of receipt of the valid application, it shall inspect and make a list enclosed with the application and then report to the Department of Construction;
c) Within 30 days from the date of receipt of the report from the housing operating unit, the Department of Construction shall convene the house pricing council to calculate the sale price and land levy as per regulations and send a report to the provincial People's Committee for consideration and decision;
d) Within 10 days from the date of receipt of the report from the Department of Construction, the provincial People’s Committee shall consider and issue a decision on sale of the shared area or transfer of rights to use the adjacent area or transfer of land use rights in case of house construction on empty land within the premises of an old house to the applicant. This decision shall be sent to the Department of Construction and house operating unit in order to notify the applicant of the following procedures. If the applicant fails to follow the abovementioned notification, regulations in Point g Clause 2 Article 69 herein shall be applied.
dd) After the applicant fulfills their financial obligations as per the law, the housing authority shall send his/her application to the competent authority so that the competent authority issues the certificate to the applicant or amends the issued certificate according to regulations of law on land.
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Article 72. Documents proving fulfillment of conditions in 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 sale or purchase 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 of the house from the giver.
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/sale 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 or lease-purchase of a social housing (including case where the social housing is purchased or leased under a lease-purchase contract for relocation), it is required to have the documents specified in Article 63 of the Law on Housing.
5. In case of purchase/sale 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 according to regulations of law on construction.
6. In case a household or individual purchases a commercial housing for relocation, it is required to have a house purchase contract or housing order contract between the commercial housing construction project investor and the unit in charge of provision of relocation housing enclosed 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 according to regulations of law on construction. In case of purchase of an off-the-plan house, it is required to have a record on acceptance of the house foundation according to 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 signed with the social housing construction project investor enclosed with the record on house transfer and documents proving full payment for the purchase or rental to the investor.
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a) With regard to a house that is gifted, a gifting contract or document enclosed with documents proving the giver’s house ownership (if any);
b) With regard to a house purchased or leased under a lease-purchase contract, 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) In case of a new house, a license for construction (if required) and documents proving the bequeather’s land use right according to regulations of law on land;
d) In case of inheritance under a decision by the People’s Court, a judgment or effective decision by the Court.
9. When leasing, borrowing, temporarily staying, authorizing house management (except for lease of state-owned old houses), the landlord, lender, authorizer shall have a purchase contract or lease contract signed with the investor in the housing construction project if the house is purchased or leased under a lease-purchase contract 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 enclosed with the right to use land or right to lease land of such house for a limited period. During the house and land ownership period, the seller shall not unilaterally terminate the contract, unless otherwise agreed by both parties. The Certificate shall be issued to the purchaser 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 the People’s Court in accordance with law.
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FOREIGN ENTITIES’ OWNERSHIP OF HOUSING IN VIETNAM
Article 74. Documents proving eligibility for owning houses in Vietnam
1. A foreign individual shall have an unexpired passport bearing the entry seal of the Vietnam’s immigration authority, and shall not enjoy diplomatic immunities and privileges according to Ordinance on diplomatic immunities and privileges of diplomatic missions, consular offices, and representative authorities of international organizations in Vietnam.
2. A foreign organization shall be an entity specified in Article 159 of the Law on Housing that obtains 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 where 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 that have national defense and security requirements prescribed by regulations in Vietnamese law.
2 47. The Ministry of National Defense and the Ministry of Public Security shall be responsible for specifying areas that have national defense and security requirements in each province and sending a written notification to the People’s Committee of the province to serve as the basis for directing the provincial Department of Construction to compile a list of commercial housing construction projects whose houses may 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 by 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:
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b) 49 Quantity of houses (including apartments and detached houses) of each housing construction project that foreign entities may own according to Point a of this Clause; quantity of apartments of each apartment building and detached houses of each project that foreign entities may own;
c) Quantity of houses of each the housing construction project that foreign entities have purchased/leased under lease-purchase contracts and they have been granted certificates;
d) Quantity of apartments that foreign entities may own in case there is more than one apartment building 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 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 according to regulations on the quantity of houses in Clause 3 and Clause 4 of this Article of the housing construction projects whose houses may be owned. In case, a foreign entity who is not eligible to own houses in Vietnam receives a house in Vietnam as a gift or inheritance, regulations in Article 78 of this Decree shall be applied.
3. Each foreign entity 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 building for sale or lease-purchase, each foreign entity 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 (including detached houses) for sale or lease-purchase, the quantity of detached houses that may be owned by each foreign entity is specified below:
a) In case there is only one project whose quantity of detached houses is fewer than 2.500, each foreign entity may own up to 10% of the houses of such project;
b) In case there is only one project whose quantity of detached houses is equivalent to 2.500 houses, each foreign entity may own up to 250 houses;
c) In case there are two or more projects where the total quantity of detached houses does not exceed 2.500 houses, each foreign entity may own up to 10% of the houses of each project.
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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 specified 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 shall 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 them to the People’s Committee of the province where 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 issue a written permission for extension of the time limit for house ownership once at the request of the owner, but the time limit shall 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 issuer shall write the extension on the Certificate, make a copy of the Certificate and send it to the provincial Department of Construction for monitoring.
2. With regard to a foreign organization that owns a house for a limited period specified 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 them to the People’s Committee of the province where 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 issue a written permission for extension of the time limit for house ownership once at the request of the owner, but the time limit shall 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 issuer shall write the extension on the Certificate, make a copy of the Certificate and send it to the provincial Department of Construction for monitoring.
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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, the time limit for housing ownership shall not be extended in accordance with Clause 1 and Clause 2 of this Article; their housing shall be dealt with in accordance with Clause 3 Article 8 of this Decree.
Article 78. Cases where ownership of houses in Vietnam is not recognized
1. A foreign entity shall not be granted a Certificate of the house and may only sell or gift it to another entity eligible to own the house in Vietnam in the following cases:
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 specified in Article 75 of this Decree, or the quantity of which exceeds the permissible limits specified 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. Entities specified in Point a Clause 1 of this Article may directly sell or gift the houses or authorize other persons to do so; entities specified in Point b Clause 1 of this Article may authorize other organizations and individuals residing or operating in Vietnam to sell or gift the houses.
3. The house of an entity specified in Clause 2 of this Article may only be sold or gifted if the following documents are available:
a) A gifting 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;
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4. Procedures for selling or gifting houses of entities specified in Clause 2 of this Article shall comply with the Law on Housing and this Decree.
5. In case inheritors comprise both entities eligible to own houses in Vietnam and entities not eligible to own houses in Vietnam, such inheritors shall reach a consensus on division of the house in one of the following cases:
a) Inheritors shall reach a consensus in order to request the competent authority to issue the Certificate to the person eligible to own houses in Vietnam;
b) Inheritors shall reach a consensus about gifting or selling this house to the person eligible to own houses in Vietnam in accordance with Clause 2 and Clause 3 of this Article to enjoy the value of the house.
Article 79. Management of housing in Vietnam owned by foreign entities
1. The Department of Construction of each province shall launch a section on its web portal to post and manage information specified in Clause 1 Article 76 of this Decree.
2. Before signing a housing purchase, lease-purchase or gifting contract, the investor or giver shall 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 houses to be sold, leased under lease-purchase contracts, or gifted. The Department of Construction shall provide such information within the day. The quantity of houses that the investor in the housing construction project may only sell, lease-purchase or gift to foreign entities is specified in Article 76 of this Decree.
3. After signing a house purchase contract, lease-purchase contract, or gifting contract, the investor or giver shall send information (by email and in writing) about the address of the house that has been sold, leased under the lease-purchase contract or gifted to the Department of Construction of the province where the house is located within the day in order to post it on the web portal of the Department of Construction. After receiving such information, the Department of Construction shall immediately check and post it on its web portal.
4. Before issuing a Certificate to a foreign entity, the Certificate issuer shall check information under management by the Department of Construction. After issuing a Certificate to a foreign entity, the Certificate issuer shall immediately send information about the house whose certificate is issued to the Department of Construction in order to post it on the web portal of the Department of Construction.
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6. The Department of Construction, investor, giver of the house, or Certificate issuer that fails to promptly send notification or publish information according to regulations 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 notification enclosed with copies of granted Certificates (including extended ones) to Departments of Construction of provinces where the houses are located, the Ministry of Construction, and the Ministry of Natural Resources and Environment for monitoring.
8. Foreign entities shall not purchase 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.
Article 80. Transitional clauses applicable to housing development and management
1. From the effective date of this Decree, the housing construction project specified in Clause 2 Article 17 of the Law on Housing shall have a uniform name and the project shall be executed according to regulations of the Law on Housing, this Decree, regulations of law on construction, and relevant regulations of law.
2. If 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 yet issued a written approval for or decision on investment policies under its jurisdiction specified 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.
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5. Determination of existing housing and off-the-plan housing:
a) Existing housing means housing that has an acceptance record and is put into operation according to regulations of law on construction. In case a housing is built by the investor 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 (in case the fire safety system is compulsory);
b) Off-the-plan housing means housing that fails to meet the requirements specified in Point a of this Clause.
6. From the effective date of the Law on Housing, housing construction projects and areas of housing construction projects specified in Clause 2 Article 17 of the Law on Housing shall be named in accordance with Clause 3 Article 19 of the Law on Housing and regulations 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 such project shall use names approved by the competent authority.
With regard to a commercial housing construction project and areas therein whose names in a foreign language have been approved before the effective date of the Law on Housing, if the investor files a written request for permission to change the name of the project or names of areas therein according to regulations in Clause 3 Article 19 of the Law on Housing, the People’s Committee of the province where the project is located shall consider granting permission to change such names. Every transaction related to such project shall use names approved by the competent authority.
7. In case a business registration document issued by the 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 issued with such business registration document shall move their business to another location other than an apartment within 06 months from the effective date of this Decree. The competent authority that has issued the business registration document shall carry out procedures for changing the business location stated in 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 shall 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 according to regulations of the Law on Housing, an apartment building convention shall 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 deadline specified in Clause 2 Article 85 of the Law on Housing. The warrant period begins when the construction is completed and 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) shall have a community house which complies with applicable standards and regulations.
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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 shall be used to serve common activities 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; or lease/lend for purposes other than those that serve common activities of investors and users thereof.
Article 81. Transitional clauses applicable to housing transactions
1. If a competent authority has determined the rent or the lease-purchase price of a state-owned social house, but has not yet issued them before the effective date of this Decree, such rent and lease-purchase price shall be appraised and determined in accordance with this Decree.
2. If a person using a state-owned house is a party to the housing lease contract and the contract does not expire before 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 shall be responsible for inspection. 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 according to regulations 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 for management and lease 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) If 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 sale price and under the mechanism for reduction/exemption from sale price of Decree No. 61/CP. In case an application has been submitted before June 06, 2013 and 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) In case 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/ND-CP;
c) A house specified in Point d Clause 2 Article 65 of this Decree whose sale price is approved by the 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. If the owner's representative authority fails to approve the sale price by the effective date of this Decree, the house shall be sold at a price conformable with this Decree.
4. In case a purchaser of a commercial house (including any household or individual that purchases a commercial house for relocation) has received the house from the investor but has not submitted the application for the Certificate to the competent authority, such purchaser may transfer the house purchase contract as instructed by the Ministry of Construction.
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6. In case 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 of concluding the contract but contravenes regulations of the Law on Housing, this Decree the parties shall keep executing the concluded contract unless they reach a consensus on revision to it according to the Law on Housing and this Decree.
From the effective date of this Decree, every housing transaction shall comply with regulations on transaction methods, conditions for making transactions, transaction procedures, contents 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, and apartments), relocation housing, and purchase of commercial housing as official residences or relocation housing shall comply with contract forms and contents provided for by the Ministry of Construction.
7. With regard to any capital contribution contract, investment cooperation contract, or business cooperation contract that is 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/ND-CP dated June 23, 2010, 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 according to 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 rights to property related to housing and housing construction projects that can be mortgaged as prescribed by law shall be carried out in accordance with the Law on Housing and this Decree. The mortgage of housing construction projects, off-the-plan housing, and rights to property related to housing, housing construction projects specified in this Clause that contravene the Law on Housing and this Decree shall be invalid and not be recognized by law.
The registration of mortgage of a housing construction project, off-the-plan housing, and rights to property related to housing and housing construction project specified 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 applicable to development and management of relocation housing
1. If 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.
If a competent authority has approved the plan for compensation, support, and relocation before the effective date of this Decree, the approved plan shall continue to be implemented.
2. With regard to an apartment building serving relocation funded by the capital sources specified in Clause 3 Article 36 of the Law on Housing, the purchasers and lease-purchasers shall pay the fees for maintenance of shared areas according to regulations of Article 108 of the Law on Housing.
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Article 83. Transitional clauses applicable to 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. According to 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 in its province.
2. Local governments of provinces without Housing Development Funds that wish to establish their own Funds shall submit reports to the Prime Minister for consideration, or authorize the local Development Investment Funds to manage the Housing Development Funds.
Article 84. Responsibilities of relevant Ministries and regulatory bodies
1. Rights and responsibility of the Ministry of Construction:
a) Perform the assigned tasks 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 mechanisms and regulations of law on housing;
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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 the competent authority; suspend projects that fail to satisfy requirements specified in the written decision on or approval for investment policies issued by the competent authority, or projects that violate regulations on raising capital, conditions for purchasing, selling, leasing/purchasing housing.
2. Rights and responsibility of the Ministry of Finance:
a) Take charge and cooperate with the Ministry of Construction in providing specific instructions on collecting and spending money for leasing, leasing/purchasing or 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/purchase/lease-purchase/gift/exchange housing, or contribute housing as capital;
c) Provide instructions on procedures for paying the difference in the rents for official residences specified in Clause 2 Article 51 of this Decree, and perform other tasks specified in this Decree.
3. The Ministry of Resources and Environment shall take charge and cooperate with the Ministry of Construction in providing guidance on implementation of Clause 3, Clause 4 Article 6, issuance of Certificates in Article 7, handling of Certificate upon expiration of housing ownership prescribed in Article 8, extension of Certificates prescribed in Clause 1 and Clause 2 Article 77 of this Decree, compensation, support and relocation upon land expropriation by the State in case of time-limited housing sale
4. Rights and responsibility of the State Bank of Vietnam:
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 rights 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 they purchase or lease-purchase houses in Vietnam; for foreign entities and Vietnamese citizens to transfer money to abroad when they sell or lease out houses under lease-purchase contracts in Vietnam.
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Ministries and regulatory bodies that have old houses under their management shall transfer them to the People’s Committees of the provinces in which the houses are located for management, lease or sale in accordance with this Decree. Old houses under management by 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 cases specified in Clause 2 Article 64 of this Decree.
Article 85. Responsibilities of local governments for housing management
1. Rights and responsibility of the People’s Committees of provinces:
a) Perform their roles in local housing management;
b) Provide 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 construction of social housing for lease; decide the land price coefficient (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 Committees and Departments of Construction of the province according to regulations in Clause 5 Article 19 of the Law on Housing, approved housing development programs/plans; direct each 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 in which foreign entities cannot own housing 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 according to 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 compiling this list and issuing a decision to approve such list for the purpose of management in accordance with the Law on Housing, this Decree, and relevant regulations of law.
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h) 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 comply with regulations of law on housing;
i) Take charge or cooperate with relevant Ministries and regulatory bodies in performing given duties in accordance with the Law on Housing, this Decree, and relevant regulations of law;
k) Submit annual and adhoc reports on implementation of the Law on Housing and this Decree in provinces to competent authorities;
l) Perform other tasks according to Law on Housing, this Decree and relevant law provisions.
m) 53 Consider and decide the adjustment in objectives of the housing construction investment project under the authority to decide or approve investment policies of the provincial People's Committees; when considering the adjustment in investment policies, the consideration and decision on the adjustment in objectives shall comply with regulations of the law on investment, public investment and other relevant laws (if any). Report projects under the authority to decide or approve investment policies of the National Assembly, the Government or the Prime Minister to these agencies for consideration and adjustment in objectives of the projects when considering the adjustment in investment policies according to regulations of the law on investment, public investment and other relevant laws (if any).
2. Department of Construction shall assist the People’s Committee of the same province in local housing management.
3. The People’s Committees of districts shall be responsible for local housing management within the scope of their tasks as directed by the People’s Committee of the province and in accordance with regulations of law on housing.
4. Presidents of the People’s Committees of provinces, Presidents of the People’s Committees of districts, heads of relevant local agencies shall be responsible to law for any delay or failure to implement or 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
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2. Tasks and powers of the Central Steering Committee on Housing Policies and Real Estate Market
a) Direct, instruct, and inspect the implementation of housing development programs, policies on housing and real estate market of Ministries, central and local authorities;
b) Make comments about major and important policies related to housing and real estate market;
c) Propose 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 to the Prime Minister and competent authorities;
d) The 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 local housing and real estate markets;
dd) Functions, tasks, powers, and organizational structure of the Central Steering Committee and assisting organizations shall be specified by the Prime Minister, those of provincial Steering Committees shall be specified by the 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. Entry into force 54
1. This Decree comes into force from December 10, 2015.
2. The following Decrees shall be annulled from the effective date of this Decree:
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b) Government's Decree No. 71/2010/ND-CP dated June 23, 2010 elaborating and providing guidelines for the Law on Housing;
c) Government's Decree No. 34/2013/ND-CP dated April 22, 2013 on management and use of state-owned houses;
d) Government's Decree No. 84/2013/ND-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 regulations of this Decree, regulations of this Decree shall be applied
Article 88. Implementation responsibilities
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree.
CERTIFIED BY
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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APPLICATION 56
To 57: …………………………………………………………………………………
Name of the applicant 58 : ……………………………………………………………
ID No. 59 (one of documents specified in Point b Clause 1 Article 71a of this Decree) ……………….date of issuance …/… /…… issued by ………………………………………………
Current address: ………………………………………………………………………………
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Name of wife/husband 60: …………………………… ID No. (one of documents specified in Point b Clause 1 Article 71a of this Decree) ……………….date of issuance …/… /…… issued by ………………………………………………
Registered permanent residence:
I am writing to request ………… (name of the housing authority) …………… to handle …………………(title of application)
The land/house area to be handled is continuously and stably used and is not in dispute. Relevant documents enclosed with this application: 61
1 …………………………………………………………………………………………
2 …………………………………………………………………………………………
3 …………………………………………………………………………………………
Mr/Ms: …………………………… ID No. (one of documents specified in Point b Clause 1 Article 71a of this Decree) ……………….is appointed to act as a representative of members of the household and carry out procedures 62
After completing procedures, the competent authority is required to write names of the following members down the Certificate:
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Mr/Ms …………………….ID No ………………………….. is …………………….
Mr/Ms …………………….ID No ………………………….. is …………………….
……………………………………………………………………………………………………
I hereby abide by regulations of the State and guarantee that the above-declared content is truthful and will take legal liability for the above-declared content./.
Members of the household 63
(sign and write full name)
Confirmation from the commune-level People’s Committee that the house and land are not involved in any dispute or lawsuit and are in compliance with housing construction planning
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[1] Government’s Decree No. 30/2019/ND-CP dated March 28, 2019 on amendments to some Articles of the Government's Decree No. 99/2015/ND-CP on guidelines for the Law on Housing (hereinafter referred to as “Decree No. 30/2019/ND-CP) is promulgated pursuant to;
The Law on Government Organization dated September 16, 2015;
The Law on Housing dated November 25, 2014;
At request of the Minister of Construction,
Government’s Decree No. 30/2021/ND-CP dated March 26, 2021 on amendments to some Articles of the Government's Decree No. 99/2015/ND-CP on guidelines for the Law on Housing (hereinafter referred to as “Decree No. 30/2021/ND-CP) is promulgated pursuant to:
The Law on Governmental Organization dated September 16, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;
The Law on Housing dated November 25, 2014;
The Law on Construction dated June 17, 2020;
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Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to some Articles of Decrees on submission and presentation of household register booklets, temporary residence register booklets upon carrying out administrative procedures or providing public services is promulgated pursuant to:
The Law on Governmental Organization dated June 19, 2015; Law on amendments to Law on Government Organization and Law on Local Governmental Organization dated November 22, 2019;
The Law on Residence dated November 13, 2020;
At request of the Minister of Public Security of Vietnam;
Government’s Decree No. 35/2023/ND-CP dated June 20, 2023 on amendments to some Articles of Decrees in the field of state management of the Ministry of Construction (hereinafter referred to as “Decree No. 35/2023/ND-CP”) is promulgated pursuant to:
The Law on Government Organization dated June 19, 2015;
The Law on amendments to some Articles of Law on Government Organization and Law on Local Government Organization dated November 22, 2019;
The Law on Promulgation of Legislative Documents dated June 22, 2015; the Law on amendments to the Law on Promulgation of Legislative Documents dated June 18, 2020;
The Law on Urban Planning dated June 17, 2009;
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The Law on Construction dated June 18, 2014; Law on amendments to Law on Construction dated June 28, 2020;
The Law on Housing dated November 25, 2014;
The Law on Real Estate Trading dated November 25, 2014;
The Law on Architecture dated June 13, 2019;
The Law on Standards and Technical Regulations dated June 29, 2006;
The Law on Product and Goods Quality dated November, 21 2007;
The Law on Investment dated June 17, 2020;
The Law on Public – Private Partnership Investment dated June 18, 2020;
The Law on amendments to some Articles concerning planning of 37 Laws dated November 20, 2018;
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At request of the Minister of Construction.
[2] This Clause is added by Clause 1 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[3] This Clause is amended by Clause 2 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[4] This Article is amended by Clause 3 Article 1 of Decree No. 30/2015/ND-CP, which comes into force from March 26, 2021.
[5] This Article is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[6] This Article is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[7] This Point is amended by Clause 4 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[8] This Clause is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[9] This Article is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
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[11] This Clause is amended by Clause 1 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[12] This Clause is amended by Clause 1 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
[13] This Clause is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[14] The content "Trường hợp đầu tư xây dựng nhà ở theo hình thức BT thì thực hiện lựa chọn chủ đầu tư theo quy định tại Điều 14 của Nghị định này” (in case of housing construction under a BT contract, the investor shall be selected in accordance with Article 14 of this Decree) is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[15] The content "Trường hợp đầu tư xây dựng nhà ở theo hình thức BT thì thực hiện theo quy định tại Điều 14 của Nghị định này” (in case of housing construction under a BT contract, Article 14 of this Decree shall apply) is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[16] The content "hoặc theo trình tự lựa chọn nhà đầu tư BT (nếu lựa chọn theo hình thức BT)” (or procedures for selection of BT investor (if applicable) is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[17] This Clause is annulled by Clause 1 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
18 This Article is amended by Clause 6 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
19 This Article is amended by Clause 7 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
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21 This Clause is amended by Clause 2 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
22 This Point is added by Clause 8 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
23 This Article is added by Clause 1 Article 1 of Decree No. 30/2019/ND-CP, which comes into force from May 15, 2019.
24 This Point is added by Clause 3 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
25 This Point is amended by Clause 9 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
26 This Point is amended by Clause 1 Article 9 of Decree No. 104/2022/ND-CP, which comes into force from January 01, 2023.
27 The content “Trình tự, thủ tục thuê nhà ở cũ đối với trường hợp quy định tại điểm b, điểm đ Khoản 2 Điều 57 được thực hiện như sau:” (Procedures for leasing old houses in the case specified in Point b, Point dd Clause 2 Article 57:) is amended by Clause 4, Article 5 of Decree No. Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
28 The phrase “nộp 02 bộ hồ sơ” (submit 02 applications) is replaced by the phrase “nộp 01 bộ hồ sơ” (submit 01 application) according to Clause 3 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
29 The phrase “nộp 02 bộ hồ sơ” (submit 02 applications) is replaced by the phrase “nộp 01 bộ hồ sơ” (submit 01 application) according to Clause 3 Article 2 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
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[31] This Clause is added by Clause 2 Article 1 of Decree No. 30/2019/ND-CP, which comes into force from May 15, 2019.
32 This Point is amended by Clause 10 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
33 This Point is amended by Clause 11 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
34 This Point is added by Clause 12 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
35 This Clause is amended by Clause 13 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021 and Clause 5 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
36 This Point is added by Clause 14 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
37 This Point is added by Clause 14 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
38 This Clause is amended by Clause 15 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
39 This Point is amended by Clause 2 Article 9 of Decree No. 104/2022/ND-CP, which comes into force from January 01, 2023.
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41 This content “Đối với nhà ở đã phá dỡ, xây dựng lại thì giá trị còn lại của nhà ở này được xác định theo quy định tại khoản 1 Điều 65 của Nghị định này” (The remaining value of houses demolished and rebuilt shall be determined according to regulations in Clause 1 Article 65 herein) is added by Clause 17 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
42 The content "Đối với phần diện tích đất liền kề trong phạm vi khuôn viên nhà ở cũ thuộc sở hữu nhà nước mà có khả năng sinh lợi cao tại vị trí mặt đường, phố do Ủy ban nhân dân cấp tỉnh xác định thì áp dụng hệ số k điều chỉnh giá đất theo quy định tại điểm d khoản 2 Điều 65 của Nghị định này để tính thu tiền sử dụng đất khi thực hiện chuyển quyền sử dụng đất cho người mua” (If the adjacent area is located within the premises of the old state-owned house, faces a street and is appropriate for business as determined the provincial People’s Committee, land levy shall be calculated based on the land price factor k mentioned in Point d Clause 2 Article 65 herein when the rights to use this area are transferred to the buyer) is added by Clause 18 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021
43 This Clause is amended by Clause 19 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
44 This Clause is amended by Clause 20 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
[45] This Article is added by Clause 21 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March, 26 2021.
46 This Point is amended by Clause 3 Article 9 of Decree No. 104/2022/ND-CP, which comes into force from January 01, 2023.
47 This Clause is amended by Clause 22 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
48 This Point is amended by Clause 11 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
49 This Point is amended by Clause 23 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
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51 Decree No. 30/2019/ND-CP, which comes into force from May 15, 2019 has the transition clauses as follows:
“Article 2. Transition clauses
1. If a house sale contract is signed before the effective date of this Decree, it is not required to re-determine the housing allocation date as specified herein.
If an application for house purchase is submitted before the effective date of this Decree but the parties fail to enter into a house purchase contract before that date, the housing allocation date shall be determined as specified herein.
2. House lease contracts that have lease periods contrary to those prescribed in this Decree and are signed before the effective date of this Decree are not required to be re-signed. If a house lease contract is renewed or re-signed by the effective date of this Decree, the lease period shall comply with the regulations provided herein.”
Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021 has the transition clauses as follows:
“Article 3. Transition clauses
1. With regard to housing development programs and plans (including amended housing development programs and plans) approved before the effective date of this Decree, the provincial People's Committee shall send these programs and plans to the Ministry of Construction for monitoring and management as per the law.
2. With regard to housing construction investment projects performed by the build-transfer (BT) method, the transition processing shall comply with regulations of law on public-private partnership investment.
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4. If a housing construction project investor has not collected sufficient funding for maintenance of the shared area of his/her apartment building as per the law before the effective date of this Decree, the investor shall open a funding account according to regulations of this Decree to deposit the collected amount and notify the purchasers and tenants that they are required to deposit their shares to this account; the investor who is responsible for provision of maintenance funding shall close this account and transfer this funding in full to the management board of his/her apartment building as prescribed by law.
5. With regard to the application for handling of an area adjacent to a state-owned house that faces a street and is appropriate for business, if the competent authority has not issued a decision on pricing of this area before the effective date of this Decree, land levy shall be calculated by the coefficient K according to regulations of this Decree; if the competent authority has issued a pricing decision before the effective date of this Decree, land levy shall be calculated as per this decision.
6. With regard to any application submitted according to regulations in Clause 21 Article 1 of this Decree, if the competent authority has not issued a handling decision before the effective date of this Decree, the application shall be processed as prescribed by regulations of this Decree; if the competent authority has issued a handling decision before the effective date of this Decree, this decision shall be applied.
Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023 has the transition clauses as follows:
“3. Transitional regulations on amendments to Decree No. 99/2015/ND-CP (amended by Decree No. 30/2019/ND-CP and Decree No. 30/2021/ND-CP)
With regard to cases related to the determination of class I house, class II house and class III house and the determination of the quality of these houses specified in Clause 5, Article 5 of this Decree, if the competent authority has approved selling prices of the houses before the effective date of this Decree, the houses shall continue to be sold at the approved prices without re-determination of the selling prices as prescribed in Clause 5, Article 5 of this Decree.
52 This Point is annulled by Clause 6 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
53 This Point is added by Clause 7 Article 5 of Decree No. 35/2023/ND-CP, which comes into force from June 20, 2023.
54 Effect of Decree No. 30/2019/ND-CP dated March 28, 2019:
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1. This Decree comes into force from May 15, 2019.
2. The Ministry of Construction shall provide guidelines for and organize implementation of this Decree.
3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree.
Effect of Decree No. 30/2021/ND-CP dated March 26, 2021:
Article 4. Implementation
1. This Decree comes into force from the date on which it is signed.
2. Where Vietnamese citizens are issued with personal identification numbers and the national population database and databases on investment registration and enterprise registration are connected and put into operation, personal identification numbers may be used in place of identity documents (copies of identity cards, passports and other identity documents) for procedures concerning housing and real estate trading according to regulations of law on housing and real estate trading.
3. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Chairpersons of People's Committees of provinces and central-affiliated cities shall be responsible for implementation of this Decree.
Effect of Decree No. 104/2022/ND-CP, dated December 21, 2022:
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1. Ministers, Heads of ministerial agencies, Heads of the Governmental agencies, Chairpersons of the People's Committees of provinces and central-affiliated cities shall implement this Decree and announce administrative procedures within their scope of authority.
2. This Decree comes into force from January 01, 2023.
3. From the effective date of this Decree, with regard to administrative procedures and public services requiring the submission and presentation of household register booklets and temporary residence register booklets, these household register booklets and temporary residence register booklets may be replaced by information on residence as prescribed in Article 14 of this Decree.
Effect of Decree No. 35/2023/ND-CP dated June 20, 2023:
Article 17. Implementation
1. This Decree comes into force from the date on which it is signed.
2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant authorities, organizations, and individuals shall be responsible for the implementation of this Decree./.”
55 This Appendix is added by Clause 21 Article 1 of Decree No. 30/2021/ND-CP, which comes into force from March 26, 2021.
56 Specifying one of the cases: (1) Application for sale of shared areas and transfer of rights to use shared land area or (2) application for transfer of rights to use adjacent areas or (3) application for transfer of land use rights for houses to be built on empty land within the premises of old state-owned houses
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58 Name of the house owner in case where the house has been sold, liquidated or built on empty land;
59 If the applicant has been issued with personal identification number and the national population database is connected and put into operation, only personal identification number is required.
60 Specifying full name of the wife/husband (if any).
61 Specifying documents specified in Article 71a Decree No. 99/2015/ND-CP
62 Specifying contents to be handled that are the same as title of the application
63 If the applicant is the representative of the household having many members, all members shall sign their names into the application.
Documents on personal identity mentioned in this application is replaced by the personal identification number in case where the applicant has been issued with personal identification number and the national population database is connected and put into operation.
File gốc của Integrated document No. 10/VBHN-BXD dated August 25, 2023 Decree on elaboration and guidance on implementation of some Articles of Law on Housing đang được cập nhật.
Integrated document No. 10/VBHN-BXD dated August 25, 2023 Decree on elaboration and guidance on implementation of some Articles of Law on Housing
Tóm tắt
| Cơ quan ban hành | Bộ Xây dựng |
| Số hiệu | 10/VBHN-BXD |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Nguyễn Văn Sinh |
| Ngày ban hành | 2023-08-25 |
| Ngày hiệu lực | 2023-08-25 |
| Lĩnh vực | Bất động sản |
| Tình trạng | Còn hiệu lực |