THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
21-CP
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Hanoi
,April 16, 1996
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DECREE
ON THE AMENDMENTS
AND SUPPLEMENTS TO ARTICLE 5 AND ARTICLE 7 OF DECREE No.61-CP OF JULY 5, 1994
OF THE GOVERNMENT ON DWELLING HOUSE PURCHASE, SALE AND BUSINESS
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
At the proposals of the Minister of Construction, the Minister of Finance, the
General Director of the General Department of Land Administration and the
Chairman of the Government Pricing Commission
DECREES:
Article 1.-
Article 5 and Article 7 of Decree No.61-CP of July 5, 1994 of the Government
are amended and supplemented as follows:
1- Article 5 is amended and supplemented as
follows:
"Article 5.- The State will sell the space
of State- owned dwelling houses which are being rented to the tenants so that
the latter may improve their housing conditions, except for the following
dwelling houses:
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2. Houses of special use which are temporarily
used as dwelling houses (such as hotels, sanatoria, schools, hospitals, working
offices, warehouses and other houses of special use);
3. Villas of various kinds planned for use as
public buildings or for other purposes;
4. Multi-storey dwelling houses built by the
State and designed into unself-contained apartments rented to many households.
These houses can be sold only after being
renovated or repaired into self-contained and well-furnished apartments."
2- Article 7 is amended and supplemented as
follows:
"Article 7- The selling price of
State-owned dwelling houses to the current tenants includes the price of the
dwelling house and the price of residential land at the time of transfer of the
land use right.
1. The price of a dwelling house shall be
determined on the basis of its remaining value and the coefficient for
readjusting its use value:
a) The remaining value of a dwelling house shall
be determined on the basis of the percentage points of the remaining value of
the house, compared with the cost of building a new house, as stipulated by the
People's Committees of the provinces and cities directly under the Central
Government (hereafter referred to as provincial authorities) on the basis of
the standard floor price of a new house stipulated by the State. This
percentage shall be determined for each specific housing space to be sold,
taking into account the duration for which it has been used and the actual
state of the house.
The Ministry of Construction, the Ministry of
Finance and the Government Pricing Commission shall provide guidance on the
method to determine the remaining value of a dwelling house.
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b1) The coefficient for readjusting the use
value of dwelling houses of various kinds, except for those mentioned in Point
b2 below, is as follows:
- 1.2 for the ground floor and houses without
storeys
- 1.1 for the 1st storey
- 1.0 for the 2nd storey
- 0.9 for the 3rd storey
- 0.8 for the 4th storey
- 0.7 for the 5th and higher storeys
b2) The coefficient for readjusting the use
value of multi-storey dwelling houses which are rented to many households and
structured into apartments, is as follows:
- 1.0 for the ground floor
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- 0.7 for the 2nd storey
- 0.6 for the 3rd storey
- 0.5 for the 4th storey
- 0.4 for the 5th and higher storeys
c) With regard to multi-storey dwelling houses
which are rented to many households and structured into apartments and were
handed over to users before November 27, 1992 (date of the promulgation of
Decision No.118-TTg of the Prime Minister) the provincial People's Committee
shall be entitled to apply the coefficient of readjustment from 1.0 to 0.5, on
the basis of the actual use value of each house.
2. The price of residential land at the time of
the transfer of its use right shall be set by the provincial People's Committee
on the basis of the land price bracket set by the State, the site of the
residential land and the position of the storey:
a) For a one-storey or multi-storey dwelling
house rented to a household, it is equal to 40% of the land price when its use
right is transferred.
b) For a multi-storey dwelling house rented to
many households, it is equal to 10% of the residential land price when its use
right is transferred and is determined according to the position of the storey
and the coefficients in the following table:
Housese
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Ground floor
1st storey
2nd storey
3rd storey
4th storey
5th storey and
higher
2 storeys
0.7
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3 storeys
0.7
0.2
0.1
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4 storeys
0.7
0.15
0.1
0.05
5 storeys and more
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0.15
0.08
0.05
0.02
0.0
Article 2.-
This Decree takes effect from the date of its signing.
- Where the tenant buys an apartment in a
multi-storey dwelling house which is rented to many households and structured
into apartments as stipulated in Chapter II of Decree 61-CP of the Government
before the date of the promulgation of this Decree, the People's Committees of
the provinces and cities directly under the Central Government shall readjust
the selling price of dwelling houses in accordance with this Decree and on the
following principles:
1. If the buying party has paid the full rent,
the difference between the selling price of the dwelling house defined in
Decree No.61-CP and the selling price of the dwelling house defined in this
Decree shall be returned to it.
2. If the buying party has not yet paid the full
rent, the buying and selling contract on the dwelling house shall be signed
again and the selling price shall be readjusted according to this Decree.
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Article 3.- The Ministers, the Heads of the
ministerial-level agencies, the Heads of the agencies attached to the
Government, the Presidents of the People's Committees of the provinces and
cities directly under the Central Government shall have to implement this
Decree.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet