THE
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.
69/TC-DT
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Hanoi,
August 17th, 1994
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CIRCULAR
ON GUIDING THE COLLECTION AND UTILIZATION OF REVENUES FROM
THE SALE OF STATE-OWNED RESIDENTIAL HOUSES TO SITTING LEASE HOLDERS
Pursuant to Decree No.61/CP
dated 5 July 1994 of the Government on purchasing, selling and trading in
residential houses, the Ministry of Finance provides hereby some guidance's for
collection and utilization of revenues from the sale of state-owned residential
houses to sitting leaseholders as follows:
I. GENERAL
PROVISIONS
1- The state-owned residential
houses which are under the management of administrative and non-productive
bodies, armed forces, socio-political organizations, mass associations and
state-run enterprises shall be transferred to house trading companies in
compliance with the valid current sate regulations on delivery and receipt of
property, capital allocation and safe keeping of funds.
2- Directors of House trading
companies of the provinces, cities under central authority, chairmen or
vice-chairmen of the People's Committee of provincial cities, tows and
districts, not having house trading companies (hereafter referred to as selling
party), managing or taking over the state-owned reserve of houses (as mentioned
in heading 2, article 8, Decree No.61/CP), when selling state-owned houses must
comply with the terms of this circular on collection of receipts from house
sale.
3- Those who are sitting
leaseholders shall be entitled to buy state-owned houses where they are living
in.
4- Sale of state-owned house is
determined on the basic of:
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- Contract of house purchase and
sale, mutually signed by buying and selling parties. Amount to be paid for
house shall include: price of the house (based on its remaining value) and that
of land when the land use right is assigned (or price of assigned land)
5- State-owned houses to be sold
to sitting leaseholders includes:
- Houses built by budgetary
capital (central and local budget) under the following forms: investment in
building houses to be transferred to local housing management; Direct
investment in administrative and non-productive bodies, armed forces, Party
organizations, mass associations (commonly called as non-productive economic
units) by providing them with residential houses; investment in building houses
allocated to members of state-run enterprises; purchased houses allocated to
governmental employees.
- Houses, built by financial
resources of administrative and non-productive units and state-run enterprises
which are originated from the state budget.
- Houses of other origination of
property, having been transferred to state property.
- Hoses built by budgetary
capital with some financial contribution from organizations or individuals.
6- During the process of selling
and transferring houses, the parties concerned (as mentioned heading 2, article
8, Decree No.61/CP) must combine with the financial management body directly in
charge to confirm and control the available reserve and funds of residential
houses and land in compliance with the valid system of fixed assets management,
land management.
7- All receipts from the sale of
state-owned houses that include: amount paid for house, for assigned land and
fines imposed on violation of contract must be contributed to the state budget
through state treasuries.
8- Privileged treatment on
housing and land to persons who made great contribution to the country must be
in compliance with the preferential policy of the state decimated to them.
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1- Settlement forms:
a/ Based on the signed contract
of purchase and sale, selling party makes out receipt document (receipt of
payment, generally issued by the Ministry of Finance). Depending on the mode of
payment noted in the contract, the settlement may be taken in some forms as
follows:
- In case the buyer makes a lump
sum payment just after signing the contract, he shall enjoy a reduction of 10%
of price.
- In case of payment by installment's
within 1 year, the first installment to be paid right after signing the
contract must at least equal to 20% of the total payment, the buyer shall enjoy
a reduction of 2% of price.
- In case of payment by
installments within 10 years, the first installment to be paid right after
signing the contract must not less than 20% following installment's to be paid
every year-not less than 8% of the total payment.
- The unpaid amount shall be
evaluated in gold (0,98 gold) to be basic for the next installment's. The
volume of gold to be paid each time shall be converted into Vietnamese currency
(VND) in accordance with the selling price of 0,98 gold issued by the state
Bank (the state-owned gold and silver Trading company in the place) on the date
of payment.
Example: A contract of house
purchase and sale, signed between Mr. Nguyen Van A (buying party) and N
provincial House Trading Company (selling party) is:
- Total payment: 81,000,000 VND
consisting of 20,000,000 VND for the house and 61,000,000 VND for the assigned
land.
- Settlement form: payment by
installment's within 10 years, the first installment to be paid right after
signing the contract is 20% the total payment. The following installments must
not less than 8% of the total payment. Thus, Mr.A must settle up in the
following way:
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The unpaid amount of 64,000,000
VND, being evaluated in 0,98 gold at the moment with a price of 480,000 VND par
chi (1/10 of one teal of gold) shall be:
64,000,000 VND : 480,000 VND =
135 chi
For the next 9 years, to settle
up the contract the buying party must pay each following installment an amount
of money equal to:
135 chi : 9 = 15 chi
+ The second installment (the
2nd year)
According to the selling price
of 0,98 gold at the moment, that is 500,000 VND/chi, buying party must pay:
15 chi x 500,000 VND = 7,500,000
VND
+ The third installment (the 3rd
year)
The selling price of 0,98 gold
at the moment is 450,000 VND/ chi and the amount to be paid shall be:
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Thus, the volume of gold left
after the 3rd year is :
135 chi - 30 chi = 105 chi
For the remaining installment's
(from the 4th to the 9th) the calculation of each payment is in the same way,
until the initial volume of gold (153chi) is paid up.
b/ A fine of 5% of the contract
value shall be imposed on illegitimate violations of contract in the following
cases: the buyer does not pay up before the expiration of the contract
duration, the buyer refuses to pay the due installment as noted in the
contract.
2- Collection of receipts from
the sale of Houses.
a/ Selling party (directors of
House trading companies of the provinces, cities under central authority, or
Housing departments of provincial cities, towns, districts which are on behalf
of the chairmen or vice-chairmen of the respective People's Committee) shall be
responsible for selling action, giving instructions, supervising the process of
contract implementation until the termination of the contracts as follows:
- To compile settlement sheets
in 3: the 1st one is kept by the selling party as a stub, the 2nd one-sent to
the state treasury for payment collection, and the last one is given to the
buyer.
- To open a special book,
watching for the implementation of contracts, mode of payment, contract
forfeitures, and other transactions concerned.
- To keep the documents of each
case such as: the contract, the settlement sheet, receipts of payment etc.
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b/ Buying party have the
obligation to:
- Comply with the contract
contents
- Carry out the payment for
house with the local state treasury
- Keep all documents and paper
concerned
c/ The state treasury is
responsible for:
- Collecting the payments on the
basic of the settlement sheet drawn up by selling party, compiling the receipt
of payment to be given to the state budget. Each receipt of payment shall be
made in 3 exemplars the 1st exemplar is kept in the state treasury, the 2nd one
is for the selling party and the last one-for the buyer.
- Opening the book-keeping
register for each case
- Watching for another
transactions concerned
For state-owned house, which was
built with some financial contribution of organizations or individuals, selling
party will sell only that part of the house built by budgetary capital.
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Mode of payment, collection etc.
are the same as mentioned above.
3- Revenue from selling
state-owned houses shall be paid into state budget in compliance with circular
No.68/TC-NSNN dated 15 August 1994 of the Ministry of Finance on the amendment
of and addition to the present budget nomenclature.
4- Account system and Accounting
report.
State-owned house selling party
must fulfill the accounting statistic system in compliance with valid state
regulations on financial management, making periodical reports on the
implementation of "House-sale project" to the chairman of People's
Committee of the relevant province or city under central authority, and to the
Ministry of Construction as well.
State treasuries are responsible
to account of receipts from house-sale, making reports to the supervisor state
treasury and the financial authority at the same level on the situation of
collecting the receipts from selling state owned residential houses.
The central state treasury shall
make summary to report to Ministry of Finance.
Revenues from selling state
owned residential houses paid into state budget shall be entered in the
chapter, type, item, range with the heading "revenue from selling the
state owned residential houses and land when the land use right is
assigned" in the present Budget Nomenclature.
III.
UTILIZATION OF REVENUE FROM SALE OF STATE OWNED RESIDENTIAL HOUSES.
Amount collected from sale of
state owned residential houses shall be invested in house building and
supporting the development of housing fund (hereafter referred to as housing
fund development) as stipulated in article 11, Decree 61/CP dated 5 July 1994
of the Government.
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a/ Pursuant to the House sale
project approved by chairmen of the People's Committee of province or city
under central authority, selling party plans the collection of payments for
houses. Revenue from house sale must be put into annual budget collection plan
of the province or city.
b/ Based on the approved plan of
payment collection, the People's Committee of province or city under the central
authority shall conduct functioning bodies to work out a suitable annual plan
of housing fund development of the province or city.
The plan of housing fund
development is composed of the following contents:
b.1- A plan to build new
residential houses, to upgrade the existing multistory houses or re-build
houses of the 4th class (making them multistory) for sale. This kind of houses,
after being completed, will be taken over to the local House selling council
which is liable to delineate a project to sell them out as stipulated in point
3 Article 8 Decree No. 61/CP dated 5 July 1994 of the government. Households
who are living in houses noted in points 1, 2 and 3 article 5 Decree No.61/CP
dated 5 July 1994 of the Government shall have a priority to purchase houses of
kind
selling price includes:
- Construction cost of house
plus apportioned expense of infrastructure building (if any)
- Land price when land use right
is assigned (or assigned land price) as stipulated in point 2, article 7 Decree
No. 61/CP dated 5 July 1994 of the Government. In case the above mentioned
house are sold to those who are homeless or living in a quite crammed
accommodation, selling price includes:
- Mutually agreed price of
house, noted in the contract of house purchase and sale (plus the apportioned
expense of infrastructure building if any)
- The assigned land price,
calculated in accordance with the current local price and the regulations on
land prices issued by the state.
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b.2- A plan to build new
residential houses, to up grade the existing multistory houses or re-build
houses of the 4th class for rent. After being completed, houses of this kind
shall be taken over to house managing and trading bodies. People, noted in
points 1, 2 and 3 article 3, article 5 Decree No.61/CP dated 5 July 1994 of the
government shall have priority to lease these house. House managing and trading
bodies shall manage and rent out these houses in compliance with valid state
regulations on housing management and lease. For those who are homeless or
living in a quite cramped accommodation, House managing and Trading bodies
shall rent out houses to them at a rental, mutually agreed upon in the leases.
Local financial bodies shall
conduct the units, having houses to be transferred to house managing and
trading bodies, to determine and account their resources in compliance with
valid state system of fixed assets management and financial management.
b.3- A plan to build infrastructures
in areas and zones that have been planed for residential house building.
Chairman of the city's or provincial People's Committee with appoint relevant
functional offices to draw up and implement this plan. When building of
infrastructures is completed, construction final cost of infrastructures will
be apportioned among the house to be built there.
House managing and trading
units, which rare appointed by the People's Committee to implement the plan for
building residential houses for sale or rent, must receive and preserve the
fund of infrastructures and assigned land prices that will serve as a basic for
calculation house selling prices in the future.
b.4- A plan to improve living
conditions of residential quarters where the accommodation is poor, including:
- Improving internal road
network
- Improving water system
- Improving service system
- Installing public lighting
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b.5- A plan to execute social
policy on, housing, including 2 cases as follows:
- Gift-houses to be offered to
revolutionary martyr's families that are short of manpower and not having
relatives to lean on
- Houses for those who made
great contribution to the revolution.
b.5.1) In case houses are built
according to a plan, the planned capital shall include: building expenditure,
payment for the assigned land, and other expenses concerned.
b.5.2) In case some allowance
are given to objects of social policy on housing, city's or provincial People's
Committee shall assign functional offices to work out financing alternative for
each concrete case. Units which are appointed by city's or provincial people's
Committee to make or/and
implement plan for building and supporting housing fund must draw up their
respective plans in compliance with regulations and schedule stipulated by the
People's Committee and send them to city's or provincial planning committee and
financial Department, the last will classify and balance them to report to the
chairman of People's Committee, who will consider and submit them to the
People's council at the same level for approval.
c/ Housing fund development plan
(in form of projects) approved by people's council will be put into the annual
capital construction investment plan of province under central authority to
submit to state planning committee, Ministries of Finance and Construction for
reporting to the government.
d/ Management and allocation of
capital for housing fund development plan, approved by the people's council and
chairman of People's Committee, shall be implemented as follows:
- Plans, noted in points b.1,
b.2, b.3, b.5 shall be implemented in compliance with valid state system of
capital construction investment fund management.
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2- Making plan
for expenditure of House selling operation
a/ List of expenditure for house
selling operation to be given to selling party and House selling council, shall
be drawn up by selling party in compliance with valid quota of financial
expenses.
This list is composed of the
following main contents:
- Expenses on printing
documents, Stationers.
- Expenses for training
- Expenses for transaction
conducting
- Expenses for renting of
working facilities of house selling council
- Expenses for assessment of
remaining value of houses
- Expenses for meeting, project
consideration and evaluation
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b/ Estimate of expenses, drawn
up by selling party during making and implementing housing fund development
plan, shall be examined by local financial office and passed by house selling
council, then submitted to chairman of People's Committee of province or city
under central authority for approval. Plan of house selling expenses must be
described in annual budgetary expenses plan of city or province in the
principle that total estimated expenses for house selling operation must not
exceed 2% of revenues from the sale of state owned houses.
c/ Management and delivery of
budgetary credits to cover expenses for house selling operation shall be
carried out by local financial office in compliance with valid state system of
non-productive credits management. In coming time (the 4th quarter, 1994) the
above mentioned credits shall be given in advance by local financial offices
and, when the amount will be returned revenue from house sale is available.
IV.
IMPLEMENTATION
1- People's Committee of
provinces and cities under central authority shall conduct house selling bodies
and others units concerned to implement house sale, collection of payments and
utilization of revenue from sale of state owned residential houses to sitting
leaseholders in compliance with the guidance's of this circular.
2- People's Committee of and
provinces and cities under central authority should report on revenue from
house sale and the utilization of theses revenue related to houses sold before
the promulgation of Decree No.61/CP dated 5 July 1994 to the Prime Minister and
the Ministry of Finance for consideration and treatment.
3- This circular shall come into
effect from 5 July 1994. All previously issued documents which are in contrary
to this circular shall be hereby repealed. Any problem arise from the process
of implementation should be reported to the Ministry of Finance for
consideration and settlement.
FOR
THE MINISTRY OF FINANCE
VICE MINISTER
Nguyen Sinh Hung
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