THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.30/2019/ND-CP
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Hanoi, March 28, 2019
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DECREE
AMENDING A NUMBER OF ARTICLES OF DECREE NO.99/2015/ND-CP DATED
OCTOBER 20, 2015 OF THE GOVERNMENT ON GUIDELINES FOR IMPLEMENTATION OF THE LAW
ON HOUSING
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Housing dated November 25, 2014;
At the request of the Minister
of Construction;
The Government
promulgates a Decree amending a number of Articles of Decree No.99/2015/ND-CP
dated October 20, 2015 of the Government on guidelines for implementation of
the Law on Housing.
Article
1. Amending a number of Articles of Decree No.99/2015/ND-CP dated October 20,
2015 of the Government on guidelines for implementation of the Law on Housing
as follows:
1. Article 57a below
shall be added after Article 57 of Decree No.99/2015/ND-CP dated October 20,
2015 of the Government on guidelines for implementation of the Law on Housing
(hereinafter referred to as “Decree No.99/2015/ND-CP) as follows:
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1. If the old state-owned
house is being used by a person (the occupant) who has a house lease contract
in which he/she is the tenant, the housing allocation date shall be:
a) the housing allocation
date specified in the house lease contract;
b) the date of conclusion
of the house lease contract if such contract does not specify the housing
allocation date;
c) the housing allocation
date specified in the first contract in case the house lease contract is
re-signed or renewed;
d) the date of payment of
house rent in case the occupant has documents proving that he/she has paid the
rent before signing the house lease contract; in case the competent authority
has collected the house rent arrears when the house lease contract is signed
(with supporting documents), the housing allocation date shall be the collection
date.
dd) the date specified in
the housing allocation document (if any) in which he/she is a recipient; the
issuance date of the housing allocation document if it does not specify the
housing allocation date.
2. If the occupant does
not have a house lease contract but is the recipient in the housing allocation
document, housing allocation date shall be the date specified therein; in case
the housing allocation date is not specified in the housing allocation
document, it shall be the issuance time of such document.
3. If the occupant is a
transferee of house lease rights and has a house lease contract or housing
allocation document in which he/she is not the tenant or recipient; the housing
allocation date shall be the initial conclusion or issuance date of the house
lease contract or housing allocation document.”
2. Clause 5 Article 60 of
Decree No.99/2015/ND-CP shall be amended as follows:
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When the house lease
contract expires but the lessee is still eligible for house lease and wishes to
keep leasing the house, such contract may be renewed for the period of time
equal to the previous leasing period, except for house appropriation as
regulated by laws.”
Article
2. Transition clauses
1. If a house sale
contract is signed before the effective date of this Decree, it is not required
to re-determine the housing allocation date as specified herein.
If an application for
house purchase is submitted before the effective date of this Decree but the
parties fail to enter into a house purchase contract by that date, the housing
allocation date shall be determined as specified herein.
2. House lease contracts
that have lease periods contrary to those prescribed in this Decree and
are signed before the effective date of this Decree are not required to be
re-signed. If a house lease contract is renewed or re-signed by the
effective date of this Decree, the leasing period comply with the regulations
provided herein.
Article
3. Implementation
1. This Decree comes into
force from May 15, 2019.
2. The Ministry of
Construction shall provide guidelines for and organize implementation of this
Decree.
3. Ministries, Directors
of ministerial agencies and Governmental agencies, Chairpersons of People's
Committees of provinces and centrally-affiliated cities shall take
responsibility to implement this Decree./.
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PP. THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc