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