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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 90/2006/ND-CP
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Hanoi, September 06,
2006
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DECREE
DETAILING AND GUIDING
THE IMPLEMENTATION OF THE HOUSING LAW
THE
GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Housing Law;
At the proposal of the Minister of Construction
DECREES:
Chapter
I
GENERAL PROVISIONS
Article
1.-
Governing scope
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Article
2.-
Subjects of application
This Decree applies
to the following subjects:
1. Domestic
organizations and individuals; overseas Vietnamese; foreign organizations and
individuals that invest in housing development in Vietnam.
2. Organizations and
individuals owning houses, using houses and participating in house-related
transactions in Vietnam.
3. Housing state
management agencies of all levels.
4. Organizations and
individuals not specified in Clauses 1, 2 and 3 of this Article but involved in
housing activities.
Article
3.-
Interpretation of terms
In this Decree, the
terms below shall be constructed as follows:
1. Legally
established houses means those constructed, purchased, rent-purchased by,
donated to, inherited, exchanged or owned in other forms by organizations or
individuals under the provisions of law.
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3. Social houses
means those invested and constructed by the State, organizations or individuals
of all economic sectors for lease to, or rent-purchase by, subjects defined in
Articles 53 and 54 of the Housing Law, under the State-prescribed mechanisms.
4. Official-duty
houses means those invested and constructed by the State for a number of
subjects defined in Article 60 of the Housing Law to rent while they are in
office under the State-prescribed mechanisms.
5. Rent-purchase of
social houses means that lessees of social houses shall, after a set period of
time, be recognized as owners thereof.
Chapter
II
HOUSING DEVELOPMENT
Section
1. HOUSING DEVELOPMENT PROJECTS
Article
4.-
Types of housing development projects
1. Projects on
development of commercial houses.
2. Projects on
development of social houses.
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Article
5.-
Formulation of housing development projects
1. When investing in
housing development under projects, investors must organize the formulation of
housing development projects with the contents specified in Articles 6 and 7 of
this Decree and according to the requirements specified in Articles 24, 25, 26
and 30 of the Housing Law.
2. Investors shall
organize the elaboration and submission of construction detailed plannings of
1/500 scale together with dossiers of housing development projects.
Article
6.-
Contents of housing development projects
A housing development
project must have the following principal contents:
1. The necessity and
legal grounds of the project (the local program on housing development; plan on
housing development and other relevant documents promulgated by competent state
bodies).
2. Investment form
(for sale, lease or rent-purchase) and the housing development project
investors.
3. Bases for
selection of the project location (the planning on construction of urban
centers, rural population quarters; land use plannings and plans; the
suitability to subjects having housing demands).
4. The present
situation of the project area (natural, social conditions, landscape
architecture, current land use purpose, acreage, boundaries of the land plot).
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6. Specific
structures of assorted houses, other works in the project (schools, hospitals,
public-welfare works and service facilities).
7. The solution of
application of building technology, norms and standards applicable to the
project.
8. Schemes on
compensation, ground clearance and resettlement.
9. The solutions of
technical infrastructures (systems of communications, power supply, water
supply and drainage, information and communication, garbage treatment, fire and
explosion prevention and fighting, underground works, red-line demarcation,
construction demarcation and other requirements).
10. Mechanisms
applicable to the project (policies on land use, finance, tax and other
mechanisms),
11. The project
execution duration and tempo.
12. Capital demands,
capital sources and forms of mobilization of investment capital.
13. The scheme on
product consumption (subjects and forms of product consumption; specific
quantities of assorted houses, works for sale, lease, rent-purchase; sale
prices, leasing prices, rent-purchase prices).
14. Analysis of
financial criteria and capital recoverability.
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16. Assessment of
environmental impacts and measures to minimize adverse impacts on the
environment.
17. Schemes on
management, exploitation and operation of the project after investment;
responsibility for work warranty and maintenance and obligations of the
concerned organizations or individuals to contribute fundings for the
management, exploitation and operation of the project.
18. Conclusions and
proposals.
19. Dossiers on
drawings of the project.
Article
7.-
Dossiers of drawings of the project
1. The drawings of
the current status of the project land plot (expressing the location and
current landscape architecture).
2. The drawings of
the construction detailed planning of 1/500 scale.
3. The drawings of
the organization of space of landscape architecture of various types of houses
and construction works in the project area.
4. The drawings of
the systems of technical infrastructures within the project area, such as
traffic system, power supply system, information and communications, water
supply and drainage systems; systems of underground works, infrastructure works
in the project area and other works (if any).
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Article
8.-
Approval of housing development projects
1. Projects on
development of houses in provinces or centrally-run cities shall be approved by
presidents of provincial/municipal People's Committees (collectively referred
to as provincial-level People's Committees), excluding projects on development
of official-duty houses under special requirements.
Based on the specific
conditions of their respective localities, provincial-level People's Committee
presidents may authorize presidents of People's Committees of urban districts,
rural districts, provincial capitals or towns (collectively referred to as
district-level People's Committees) to approve projects on development of
commercial houses with the investment capital of under VND 30 billion.
2. Contents of
decisions approving housing development projects shall include:
a/ The names of the
project and investors;
b/ Project location;
c/ Land use scale,
land use boundaries, population size;
d/ Number of key
construction items (types of houses: villas, garden houses, adjacent houses,
condominium apartments; technical infrastructure works: roads, power supply,
water supply and drainage, garbage treatment, information and communications,
fire and explosion prevention and fighting); social infrastructure works:
kindergartens, schools, healthcare, service, sport, entertainment, recreation,
marketplaces);
e/ Total investment
capital of the project;
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g/ Preferential
mechanisms (if any);
h/ Project execution
duration and schedule;
i/ Scheme on product
consumption;
j/ Major rights and
obligations of investors;
k/ Scheme on
management and operation of the project after investment.
3. For projects on
development of social houses, official-duty houses, apart from the contents
specified in Clause 2 of this Article, the project approval contents must
specify the investment capital sources, housing design scales, eligible tenants,
rent-purchase houses and house leasing or rent-purchase prices.
4. Housing
development projects, before being approved, must be appraised by house
management agencies competent to approve.
The appraisal of
housing development projects shall comply with the provisions of the Housing
Law, this Decree and other relevant legal provisions on investment and
construction, which are not covered by the law on housing.
5. The period for
project appraisal and approval shall not exceed 45 days as from the date the house
management agencies receive the projects mentioned in Article 6 of this Decree.
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1. The
materialization of contents related to construction preparation and execution
shall comply with the provisions of the Housing Law, this Decree and other
relevant legal provisions on investment and construction.
2. Investors may use
model designs, typical designs of houses and other construction works in
housing development projects but must ensure their compatibility with
construction standards and norms promulgated by competent bodies.
3. Investors must not
apply for construction permits for each work in the projects already approved
and stipulated in terms of investment and construction by competent state
bodies.
4. Project investors
shall have to organize the inspection and supervision of the process of
investment and construction by organizations or individuals participating in
their housing development projects.
Article
10.-
Pre-acceptance test of housing development projects
1. Upon
pre-acceptance test of housing development projects, apart from the
pre-acceptance test, take-over for commission of projects under the provisions
of law on construction, the systems of power supply, water supply and drainage,
fire and explosion prevention and fighting and environmental sanitation must
also be pre-acceptance tested.
2. The housing
development project dossiers and pre-acceptance test and take-over documents
must be archived at units managing the operation of projects and
provincial-level house management bodies of the localities where exist the
projects for monitoring and inspection.
3. For condominiums,
the certification of quality under the provisions of law on construction is
required.
Section
2. DEVELOPMENT OF COMMERCIAL HOUSES
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1. Commercial-house
development project investors shall have to elaborate construction detailed
plannings of 1/500 scale and the projects for submission to competent bodies for
approval. The contents of construction detailed plannings of 1/500 scale of
projects must comply with plannings on construction of urban centers, rural
population spots and urban designs and meet the housing requirements suitable
to each urban, rural or mountainous area specified in Articles 24, 25 and 26 of
the Housing Law.
2. Designs of houses
in commercial-house development projects, apart from satisfying the
requirements on construction standards and norms, must also comply with the
specific standards defined for commodiums, separate houses and villa houses
under the provisions of Article 40 of the Housing Law.
3. Commercial-house
development projects should meet the demand for diversification of house types
as well as payment modes (lumpsum payment, deferred payment, installment
payment through credit institutions) to suit the market demands and income
conditions of people.
4. Commercial-house
development project investors must ensure the project execution schedule
approved by competent bodies. In case of prolongation, such must be approved in
writing by agencies competent to approve the projects.
Article
12.-
Commercial-house development project investors
1. Commercial-house
development project investors shall include:
a/ Domestic
enterprises set up and operating under the provisions of the Enterprise Law;
b/ Foreign investors
and overseas Vietnamese conducting investment activities under the Investment
Law;
c/ Cooperatives set
up and operating under the provisions of the Law on Cooperatives.
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a/ Having the real
estate business registration or investment certificate under the provisions of
law;
b/ Having investment
capital under their ownership for project execution not lower than 15% of the
total investment of projects using less than 20 ha of land each or not lower
than 20% of the total investment of projects using 20 ha of land or more each.
Article
13.-
Selection of commercial-house development project
investors
1. The selection of
commercial-house development project investors shall comply with the principle
of publicization of land plots reserved for development of commercial houses in
localities for organizations and individuals of all economic sectors to know
and register to be project investors.
2. At the expiration
of the prescribed time limit counting from the time of publicization to call
for investment if only 1 (one) investor fully satisfying the conditions defined
in Clause 2, Article 12 of this Decree has registered, such investor shall be
selected to be the project investor. After the publication to call for
investment, if 2 (two) or more investors have registered, bidding must be
organized to select project investors under the provisions of Article 14 of
this Decree.
3. In cases where
investors have acquired land use rights through land transfer or lease under
the provisions of land law, they shall be the investors of the projects on
development of commercial houses on the land plots under their use rights.
Article
14.-
Bidding to select project investors
1. Based on housing
development programs and lists of commercial-house development projects in each
period, provincial-level People's Committees shall have to direct their
functional bodies to publicize the lists of commercial-house development
projects in each period throughout their respective localities; the
1/2,000-scale detailed plannings on construction of urban centers, rural
population spots; the locations and boundaries of the land plots for
commercial-house development projects; the land use scale and conditions (the
land is assigned or leased, the leasing duration, the land fund for settlement,
the projected land prices) of each project; the requirements on completion time
for each project to call on domestic and foreign investors to register to be
investors of commercial-house development projects.
2. Provincial-level
People's Committees of the localities where exist the commercial-house
development projects shall have to publicize the basic requirements for
selection of investors, including:
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b/ Requirements on
planning-architecture; forms and types of houses; systems of technical
infrastructure, social infrastructure and other construction facilities within
the scope of each project;
c/ Econo-technical,
hygienic and environmental norms to be applied;
d/ Minimum land price
bracket and requirements on finance and tax to be paid under regulations;
e/ Requirements on
land fund and technical infrastructures, social infrastructures to be
transferred by investors (if any);
f/ Requirements on
management of operation and exploitation of projects after the investment,
which investors must satisfy;
g/ The time for
receipt of dossiers of registration to be project investors;
h/ Other necessary
information related to projects.
3. After studying the
specific conditions and requirements on each project under the provisions of
Clause 2 of this Article, investors shall have to prepare dossiers of
registration to be project investors, each comprising:
a/ Papers showing the
legal grounds, professional capabilities, experience and financial capabilities
of investors;
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c/ The capabilities
and other advantages of investors (if any) when being assigned to act as
project investors.
4. After receiving
the dossiers of registration to be project investors within the prescribed time
limit, provincial-level People's Committees shall set up advisory councils for
selection of investors to consider and select investors for each project.
5. The advisory
councils for selection of investors shall have to formulate specific point
scales based on the basic requirements defined in Clause 2 of this Article to
give points to every registration dossier.
6. After obtaining
the marking results, the advisory councils shall have to submit them to
provincial-level People's Committees for consideration and selection of
commercial-house development project investors.
7. The organization
of selection of commercial-house development project investors through biddings
in localities shall be provided for by provincial-level People's Committee
presidents in accordance with the practical local conditions.
Article
15.-
Interests of commercial-house development project
investors
1. To request
competent agencies to supply information in service of execution of
commercial-house development projects.
2. To exercise land
users' rights according to the provisions of land law.
3. To select modes of
project execution management.
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5. To sell, lease
houses and construction works within the projects to other investors, excluding
infrastructure works which must be transferred under decisions of competent
state bodies.
6. To transfer the
rights to use land on which technical infrastructures have been constructed to
other project investors for investment in construction of houses strictly
according to project contents and schedules already approved by competent
authorities.
7. To reach agreement
with persons who wish to buy or rent houses in order to mobilize advance
capital according to the provisions of Clause 1, Article 39 of the Housing Law.
8. To cooperate with
other investors in organizing project execution.
9. To enjoy other
interests prescribed by law.
Article
16.-
Obligations of commercial-house development project
investors
1. To formulate, and
organize the execution of, projects strictly according to the provisions of the
Housing Law, this Decree and relevant legal documents promulgated by competent
state bodies.
2. To execute
projects in strict accordance with the contents and schedules already approved
or permitted for adjustment by competent bodies.
3. To publicize
information related to projects as provided for in Clause 3, Article 36 of the
Housing Law after the issuance of approval decisions of competent bodies.
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5. To provide house
warranty as provided for in Article 74 of the Housing Law.
6. To provide
maintenance for leased houses under their ownership (if any) and technical
infrastructures and social infrastructures not yet transferred or not
transferred within the project scope according to the provisions of law.
7. To organize
activities of providing services on use management of houses, technical
infrastructures and other relevant services within the project scope according
to the provisions of law; to manage the operation of infrastructure works
already put into operation pending their transfer to public-utility service
organizations or specialized management organizations.
8. To organize the
management of order and security in areas of projects already put to use and
business pending the administrative-management transfer to local
administrations.
9. To manage the
construction of houses, works by secondary investors within the project scope,
ensuring its compliance with the approved construction detailed plannings and
designing schemes.
10. To compile and
archive house dossiers as provided for in Clause 2, Article 66 of the Housing
Law with regard to houses reserved for lease by investors (if any).
11. To report on
project execution results once every six months and upon project completion to
the project-appraising and -approving agencies and provincial-level People's
Committees of the localities where the projects exist.
12. To assume the
prime responsibility for setting up the condominium management boards under the
provisions of the Housing Law and the regulations on use management of
condominiums, promulgated by competent state bodies.
13. To manage and
operate works under their ownership and works not yet transferred or assigned
for management within the project scope.
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Article
17.-
End of the construction investment stage
Upon the completion
of construction investment, project investors shall realize the following
requests:
1. To accept the
entire projects and make comparison with the approved project contents, make
and send reports to agencies competent to approve projects and provincial-level
People's Committees of localities where exist the projects.
2. To finalize
dossiers and documents in service of archive according to the provisions of the
Housing Law and the law on construction.
3. To hand over
technical infrastructures and social infrastructures to local administrations
or specialized management agencies according to the contents of projects
already approved by competent bodies.
4. To make final
settlement reports according to the provisions of law on finance.
5. To assume the
prime responsibility for, and coordinate with functional agencies in,
completing the grant of certificates of ownership of houses, construction works
(if any) within the project scope.
6. To coordinate with
local administration in settlement of existing problems in administrative
management in project areas.
Section
3. DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSES
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1. Social houses
shall be built with investment by the State, organizations or individuals of
all economic sectors on the basis of renting and rent-purchase demands of
people living in geographical areas suitable to socio-economic conditions of
each locality as provided for in Articles 24, 25 and 26 of this Decree.
2. Provincial-level
People's Committees have the responsibilities:
a/ To approve and
publicize the construction plannings, housing development plannings, land funds
and specific locations reserved for development of social houses, ensuring
their coherence with projects on new urban centers, projects on development of
commercial houses or economic zones, industrial parks, export processing zones
and hi-tech parks;
b/ To elaborate
five-year and annual plans on development of social houses, specifically
determining types of houses; demand for housing spaces, structure of apartments
for lease, for rent-purchase, specific balance of investment capital sources in
accordance with the provisions of Article 52 of the Housing Law; incentive
mechanisms to call on organizations and individuals of all economic sectors to
invest in the development of social-house funds;
c/ To decide on the
selection of investors, approve projects and direct the organization of
execution of social-house development projects with a view to satisfying local
demands in each period.
Article
19.-
Housing development funds
1. Housing
development funds shall be formed from the following sources:
a/ Proceeds from the
sale, lease, rent-purchase of state-owned houses in localities;
b/ 30% to 50% of land
use levies in commercial house development projects and new-urban center
projects in localities. The specific percentages shall be considered and
decided by provincial-level People's Councils;
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d/ Support money,
voluntary contributions of domestic and foreign organizations and individuals;
e/ Money mobilized
from other lawful capital sources under the provisions of law.
2. Based on the
practical situation of their respective localities, provincial-level People's
Committee presidents shall consider and decide on the establishment of housing
development funds of their localities on the basis of mobilized sources
specified in Clause 1 of this Article and promulgate the regulation on
management of this fund, ensuring the following principles:
a/ The housing
development funds shall operate as state-owned finance bodies on the principle
of preserving their capital, covering expenditures arising in the course of
operation, and not for profits;
b/ Housing
development funds are attached to provincial-level People's Committees, having
their legal person status, operating with independent cost-accounting, having
their own seals and separate balance sheets, which may open accounts at state
treasuries and credit institutions for operation under the provisions of law;
c/ Housing
development funds shall be managed and administered and operate according to
their organization and operation charters promulgated by provincial-level
People's Committees and under relevant provisions of law;
d/ Housing
development funds shall be exempt from taxes and state budget payments under
the Finance Ministry's guidance.
e/ Local housing development
funds shall be used for development of state-owned social houses in the
localities;
The Finance Ministry
shall assume the prime responsibility for, and coordinate with the Construction
Ministry in, guiding the organization and operation of local housing
development funds.
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1. Competent People's
Committees shall have to determine and arrange land funds for construction of
social houses when elaborating and approving plannings on construction of urban
centers, rural population spots, economic zones, export processing zones and
hi-tech parks in localities.
2. Based on the
specific conditions of each locality, provincial-level People's Committees may
consider and decide that investors of projects on development of commercial
houses and new urban centers in localities, each covering a land area of 10 ha
or more shall have to reserve a part of the land on which technical
infrastructures have been constructed for local administrations to develop social
houses which, however, must, in all circumstances, not exceed 20% of the land
area of the project. The expenses for ground clearance compensation and
expenses for investment in construction of technical infrastructures on this
land area shall be deducted from the land use levies or land rents to be paid
into the state budget by investors according to regulations. Where the expenses
are larger than the land use levies to be paid into the state budget by
investors, the differences shall be offset with the state budget immediately
after the investors hand over the land areas on which infrastructures have been
constructed to agencies designated by provincial-level People's Committees.
Article
21.-
Social-house development project investors
1. Provincial-level
People's Committees shall decide on the selection of units to be investors of
local social-house development projects invested with housing development
funds.
2. Units selected to
be social-house development project investors defined in Clause 1 of this
Article shall have to manage the process of construction investment and at the
same time to manage the operation of projects after completion of the
construction investment.
3. For social-house
development projects invested and constructed by organizations or individuals
of any economic sector, the project investors shall be allowed to organize the
management and operation of such projects after the construction investment.
4. Social-house
development project investors shall have to formulate and submit projects for
approval according to the provisions of Articles 5, 6 and 7 of this Decree.
Article
22.-
Execution of social-house development projects
1. Designs and
cost-estimates of houses and construction works in social-house development
projects shall comply with the regulations on investment and construction
management and the social house designing standards specified in Article 47 of
the Housing Law.
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3. Consultancy units,
when designing social-house development projects, must apply construction
technology solutions and use proper materials in order to ensure the objectives
regarding the schedule, quality and lower construction costs, and encourage the
application of model and typical designs.
Article
23.-
Management of operation of social house funds
1. Where there are
two or more units registering to participate in the management, operation and
exploitation of social-house funds, the selection of units managing the
operation of projects shall comply with the bidding principles.
2. The management of
operation and exploitation of social-house funds under the ownership of other
economic sectors shall be decided by investors on the principle that the lease
or rent-purchase is carried out for proper subjects defined in Article 24 of
this Decree and the leasing or rent-purchase prices must not be higher than the
local prices promulgated by provincial-level People's Committees.
3. Social-house fund
operation and exploitation-managing units shall enjoy regimes like units
providing public-utility services under the guidance of the Finance Ministry.
Article
24.-
Persons entitled to rent, rent-purchase social houses
1. Cadres, officials
and public servants as defined by the law on cadres and public servants.
2. Officers and
professional personnel of the people's armed forces, who receive salaries from
the state budget.
3. Workers in
economic zones, industrial parks, export processing zones or hi-tech parks.
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Article
25.-
Conditions for rent, rent-purchase of social houses.
Persons entitled to
rent, rent-purchase social houses must satisfy the following conditions:
1. Being subjects
defined in Article 24 of this Decree.
2. Having not yet
owned houses and not yet rented or rent-purchased state-owned houses; having
houses under their ownership but with the average area of under 5 m2 of floor
area per person in their families; having houses under their ownership, which
are, however, makeshifts, damaged or leaking and dilapidated.
3. Having the
families' monthly average income not bigger than five times the total payable
monthly rent of social houses for apartments of 60 m2 of floor area at most
each and not lower than four times the payable monthly rent for apartments of
at least 30 m2 of floor area each, calculated at the rent rates set by
provincial-level People's Committees.
4. Persons who are
entitled to rent-purchase social houses shall, apart from the conditions
specified in Clauses 1, 2 and 3 of this Article, have also to make the first
payment equivalent to 20% of the value of the rent-purchased houses.
5. The selection of
persons eligible to rent or rent-purchase social houses shall be carried out in
the following priority order:
a/ The urgent housing
demand (having no residential houses, having just married and the average floor
area being too low);
b/ Getting paid from
the state budget, young cadres of university or higher degree, workers having
professional skills of grade 5 or higher, who have not been given housing
supports in any form by the State;
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6. Based on the
provisions of Clauses 1, 2, 3, 4 and 5 of this Article and conditions of their
respective localities, provincial-level People's Committees shall specify and
publicize the subjects and conditions for rent, rent-purchase of social houses
in their localities in each period and under each specific project.
Article
26.-
Identification of persons entitled to rent, rent-purchase
social houses
1. Persons having
demands to rent, rent-purchase social houses must file their applications
therefor with the certification by their agencies or units where they are
working of the conditions of their existing houses. For households, there must
be certifications by all agencies and/or units of their working family members
and the certification by the People's Committees of communes where they are
living. Such applications must be filed at provincial-level house management
bodies.
2. Provincial-level
house management bodies shall have to compare with the provisions of Articles
24 and 25 of this Decree and the regulations of provincial-level People's
Committees in order to propose specific lists of entitled persons to
provincial-level People's Committees for consideration and decision.
3. Based on their
local social house funds, provincial-level People's Committees shall approve
the lists of persons entitled to rent or rent-purchase social houses.
4. Provincial-level
house management bodies shall have to notify such to units which are assigned
to manage and operate the social house funds for arrangement and signing of
contracts for rent, rent-purchase of social houses by entitled person approved
by provincial-level People's Committees.
Provincial-level
People's Committees shall specify the order and procedures for consideration
and approval as well as the priority order for applicants for rent or
rent-purchase of social houses in accordance with the local situation and
specific conditions.
Article
27.-
Determination of leasing and rent-purchase prices of
social houses
The leasing or
rent-purchase prices of social houses shall be determined on the following
principles:
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2. Excluding land use
levies, land rents and tax preference amounts under the guidance of the Finance
Ministry.
3. The leasing,
rent-purchase prices of social houses in localities shall be prescribed by
provincial-level People's Committees on the principle of ensuring their
compatibility with the brackets of leasing, rent-purchase prices of social
houses specified in Appendix 1 to this Decree, including:
a/ The bracket of
leasing prices of social houses, applicable to types of low-rises in rural
areas;
b/ The bracket of
rent-purchase prices of social houses, applicable to condominiums;
c/ The bracket of
rent-purchase prices of social houses;
d/ The bracket of
leasing prices of social houses in economic zones, industrial parks, export
processing zones, hi-tech parks.
4. The social house
leasing or rent-purchase price brackets shall be reviewed and adjusted once
every five years.
The Construction
Ministry shall assume the prime responsibility for, and coordinate with the
Finance Ministry in, studying and submitting to the Government for
consideration and promulgation new price brackets or adjusted price brackets
suitable to the country's socio-economic conditions in each period.
Section
4. DEVELOPMENT AND MANAGEMENT OF OFFICIAL-DUTY HOUSE FUNDS
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1. Provincial-level
People's Committees shall decide on the selection of units to be investors in
projects on development of official-duty houses in their respective localities.
2. Units selected to
be official-duty house development project investors defined in Clause 1 of
this Article shall have to manage the process of construction investment and at
the same time to manage the operation of the projects after completion of the
construction investment.
3. For projects on
development of official-duty houses at special requests, persons competent to
decide on the investment therein shall decide on the selection of project
investors.
4. Official-duty
house development project investors shall have to organize the formulation and
submission of projects for approval according to the provisions of Clauses 1
and 2, Article 29 of this Decree.
Article
29.-
Formulation, appraisal and approval of official-duty
house development projects
1. The contents of
official-duty house development projects shall comply with the provisions of
Articles 6 and 7 of this Decree.
2. Official-house
development projects shall be considered and approved by provincial-level
People's Committees. For projects on development of official-duty houses at
special requests, the persons competent to decide on the investment therein
shall consider and organize the appraisal of the projects.
3. Provincial-level
house management bodies shall assume the prime responsibility for, and
coordinate with the concerned provincial Services, Committees and branches in,
appraising projects on development of official-duty houses in localities. For
projects on development of official-duty houses at special requests, the
Construction Ministry shall have to assume the prime responsibility for, and
coordinate with the concerned ministries and branches in, the appraisal.
Article
30.-
Capital for investment in construction of official-duty
houses
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2. Funds of
official-duty houses arranged for cadres and public servants of central agencies
may use investment capital from the central budget. Based on the official-duty
house demands of central agencies in localities, provincial-level People's
Committees shall draw up capital plans to be sent to the Planning and
Investment Ministry and the Finance Ministry for sum-up and submission to the
Prime Minister for consideration and decision.
For projects on
development of official-duty houses at special requests, the persons competent
to decide on the investment therein shall draw up the capital plans and submit
them to the Prime Minister for consideration and decision.
Article 31.- Land for construction of
official-duty houses
1. Competent People's
Committees must determine land funds for construction of official-duty houses
when organizing the elaboration and approval of plannings on construction of
urban centers and/or rural population quarters.
2. Land use levies
shall be exempt for land areas assigned for execution of official-house
development projects.
Article
32.-
Types and floor area standards of official-duty houses
1. Official-duty
houses shall have the floor area standards, quality and types suitable to
users, providing cadres and officials with conditions to well fulfill their
assigned tasks.
2. Cadres or
officials holding the post of Political Bureau member, Deputy Prime Minister or
higher, who are entitled to live in official-duty houses shall be provided with
villas to live in. Other persons shall be provided with apartments in
condominiums or low-rises in areas where condominiums are not yet developed.
3. Newly built
condominium apartments shall have the floor area of between 45m2 and 150 m2
each. The floor area standards of official-duty houses shall be properly
adjusted in each period of socio-economic development of the country.
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Article
33.-
Investment in construction of official-duty houses
1. The designs, cost
estimates and selection of design consultancy units and construction units upon
execution of official-house development projects must comply with the
provisions of law on construction and law on management and use of investment
capital from the state budget.
2. Units providing
consultancy on design of official-duty houses must apply regulations on
designing standards, construction technology solutions and use proper materials
in order to attain the objectives in terms of schedule, quality and lower
construction costs.
Article
34.-
Subjects entitled to rent official-duty houses
1. Party and State
leaders shall be entitled to stay in official-duty houses while in office.
2. Cadres and
officials of Party and State agencies or socio-political organizations, who are
transferred on definite terms under decisions of competent bodies from local to
central offices or from central to local offices or from one locality to
another, if having demands, shall be provided with official-duty houses while
performing their official duties.
3. Officers and
professional personnel of the people's armed forces who are transferred or on
service according to defense or security requirements.
Article
35.-
Conditions for rent of official-duty houses
Cadres and officials
defined in Clauses 2 and 3, Article 34 of this Decree, when allowed to rent
official houses, must be persons who have no houses under their ownership or
have not yet rented state-owned houses in localities where they come to work.
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Official-duty house
rentals shall be determined on the following principles:
1. Taking into
account all necessary expenses for preservation of investment capital, ensuring
the recovery of capital for construction investment, operation management in
the course of using and maintaining residential houses.
2. Excluding land use
levies and tax preferences defined in Clause 2, Article 27 of this Decree;
3. Local
official-duty house rentals shall be set by provincial-level People's
Committees, based on the rent rate brackets specified in Appendix 2 to this
Decree;
4. Official-house
rent rates shall be reviewed and adjusted once every five years.
The Construction
Ministry shall assume the prime responsibility for, and coordinate with the
Finance Ministry in, studying and submitting to the Prime Minister for consideration
and adjustment the brackets of official-duty house rent rates suitable to the
country's socio-economic conditions in each period.
Article
37.-
Arrangement for renting official-duty houses
1. Cadres and
officials entitled to be provided with official-duty houses must file their
applications for renting official-duty houses to their agencies where they are
working in order to get the certification.
2. Agencies employing
cadres and officials shall gather applications of cadres and officials of their
respective units for renting official-duty houses and send together with
documents to provincial-level People's Committees, requesting the arrangement
of official-duty houses.
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Article
38.-
Payment of official-duty house rentals
1. Cadres and
officials renting official-duty houses must pay rentals which shall not exceed
10% of their salaries and allowances (if any). Where the official-duty house
rentals exceed the above-mentioned rate, the agencies employing such cadres and
officials shall have to pay the differences from their sources of regular
expenditures.
2. Cadres and
officials renting official-duty houses shall have to pay rentals directly to
official-duty house management bodies. Where after three months the cadres and
officials do not pay rentals, the agencies managing such cadres and officials
shall have to deduct their salaries for rental payment to official-duty house
management bodies.
Article
39.-
Management of the use of official-duty houses
1. Official-duty
houses shall be used only for lease. The management, maintenance and renovation
thereof shall comply with the regulations on management, maintenance and
renovation of state-owned houses.
2. Provincial-level
house management bodies shall assist provincial-level People's Committees in
performing the unified management of the use of official-duty houses in their
respective localities.
The Construction
Ministry shall stipulate and guide the management of the use of official-duty
houses.
Article
40.-
Rights and obligations of official-house lessees
1. To use the houses
for proper purposes and to preserve the houses and assets attached thereto; not
to renovate or repair official-duty houses at their own will.
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3. Cadres and
officials living in official-duty houses shall have to pay monthly rentals
according to the provisions of Article 38 of this Decree. The payment of other
expenses in service of daily life shall comply with the provisions of law.
4. When cadres and
officials who have to return official-duty houses under the provisions of
Article 61 of the Housing Law meet with housing difficulties, the agencies or
organizations where such persons work shall coordinate with provincial-level
People's Committees of the localities where the cadres or officials live in
providing them with social houses for rent or rent-purchase or supports in
other forms so that they have houses to live in.
5. To use
official-duty houses for daily-life activities of their own and their families.
Where cadres and officials eligible to live in official-duty houses wish to
rent official-duty houses but have not yet been leased the houses,
provincial-level People's Committees shall coordinate with their units in
considering and temporarily arranging them to stay in guest houses, if any, or
to rent social houses or commercial houses in the localities.
Article
41.-
Responsibilities of units managing the use of
official-duty houses
1. To lease houses to
eligible persons and under the conditions specified in Articles 34 and 35 of
this Decree.
2. To fully gather
and keep the official-duty house dossiers.
3. To coordinate with
local functional bodies in maintaining security and order for official-duty
houses. The security- and order-maintaining bodies shall have to coordinate
with the official-duty house management bodies at the latter's request.
4. To conduct the
maintenance of official-duty houses according to the provisions of the Housing
Law and legal provisions on construction.
5. To collect house
rentals from cadres and officials who rent official-duty houses.
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a/ When cadres and officials
are no longer entitled to live in official-duty houses;
b/ When cadres and
officials are transferred to other localities on working missions under the
provisions of Clause 2, Article 34 of the Decree;
c/ When cadres and
officials wish to return official-duty houses;
d/ When cadres or
officials who are renting official-duty houses die;
f/ When cadres and
officials use official-duty houses for improper purposes or have failed to
fulfill the obligations of persons who live in official-duty houses after they
are notified thereof.
7. To consider and
propose provincial-level People's Committees to arrange social houses in the
localities for rent or rent-purchase by cadres or officials who meet with
lodging difficulties after returning the official-duty houses.
Chapter
III
GRANT OF HOUSE OWNERSHIP CERTIFICATES
Article
42.-
Cases entitled to the grant of house ownership
certificates
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2. Lawfully
established houses means those accompanied with papers evidencing the
establishment under the provisions of Article 43 of this Decree.
Article
43.-
Papers on establishment of houses serving as basis for
grant of house ownership certificates
1. Domestic
individuals having houses established before the effective date of the Housing
Law must possess one of the following prescribed papers when applying for house
ownership certificates:
a/ The house
construction permit, for cases where the construction permit is required under
the provisions of law on construction;
b/ The contract on
purchase and sale of state-owned houses under the provisions of the Government's
Decree No. 61/CP of July 5, 1994, on sale and purchase of, and dealing in,
houses or papers on liquidation and pricing of state-owned houses prior to July
5, 1994;
c/ Papers on
assignment or donation of gratitude houses, charity houses, solidarity houses;
d/ Papers on house
ownership, issued by competent bodies at different periods and such houses and
land do not come under all-people ownership established by the State under the
provisions of Resolution No. 23/2003/QH11 of November 26, 2003, of the XIth
National Assembly, on land and houses managed, arranged for use by the State in
the process of materializing the policies on land and house management and the
policies on socialist transformation prior to July 1, 1991, Resolution No.
755/2005/NQ-UBTVQH of April 2, 2005, of the National Assembly Standing
Committee, providing for the settlement of a number of specific cases on land
and houses in the process of implementing the policies on land and house
management and the policies on socialist transformation prior to July 1, 1991;
e/ Papers on sale and
purchase, donation, exchange, inheritance of houses, which are certified by
public notary or authenticated by People's Committees of commune or higher
level; papers issued by courts or competent state administrative bodies
permitting the ownership of houses, which have taken legal effect; in case of
purchasing houses constructed for sale by enterprises with function to deal in
houses, there must be house trading contracts concluded by the two parties
(without certification by public notary or authentication by People's
Committees of different levels);
f/ Cases where houses
are built on land to which one of the papers on land use rights has been issued
and the land is used as residential land under the provisions of land law;
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h/ Where certificate
applicants do not have any of the papers defined at Points a, b, c, d, e, f and
g of this Clause, they must acquire the commune-level People's Committees'
written certification that the residential houses and land are currently free
from disputes over house ownership and/or land use rights and the houses were
built before the promulgation of construction plannings or must comply with
plannings in cases where they are built after the promulgation of detailed
plannings on construction of urban centers or rural population quarters under
the provisions of law on construction.
Provincial-level
People's Committees shall specify assorted papers on establishment of
residential houses defined in Clause 1 of this Article to suit the practical
conditions of their respective localities.
2. Domestic
individuals whose houses have been established from the date the Housing Law
takes effect, when applying for house ownership certificates, must possess
papers as provided for as follows:
a/ Where the houses
are newly built, there must be one of the land use right papers defined at
Point f, Clause 1 of this Article. In cases where construction requires
permission as provided for by the law on construction, there must also be
construction permit;
b/ Where the houses
are acquired through purchase, donation, exchange, inheritance or other forms
prescribed by law, there must be documents on such transactions as provided for
in Article 93 of the Housing Law, enclosed with house ownership certificates
under the provisions of the Housing Law or house ownership and residential land
use right certificates under the Government's Decree No. 60/CP of July 5, 1994,
on house ownership and residential land use rights in urban centers or house
ownership certificates under the provisions of the Government's Decree No.
95/2005/ND-CP of July 15, 2005, on grant of house ownership or construction
work ownership certificates or land use right certificates with acknowledgement
of houses under the provisions of law on land or one of the papers on
establishment of houses specified at Points a, b, c, d, e and f of Clause 1 of
this Article of the transferers.
In case of purchase
of houses constructed for sale by enterprises, there must be house sale and
purchase contracts concluded by the two parties, one of the papers on
investment projects for construction of houses for sale (decisions approving
projects or investment decisions or investment certificates) and land use right
certificates.
In case of purchase
of currently rented houses under state ownership, which have existed before the
effective date of the Housing Law, there must be house sale and purchase
contracts as provided for in the Government's Decree No. 61/CP of July 5, 1994,
on sale and purchase of, and dealing in, residential houses under the
provisions of this Decree.
3. Overseas
Vietnamese, when applying for house ownership certificates, must possess papers
according to the following regulations:
a/ In case of
investment in construction of houses for lease, there must be investment
certificate and land use right certificate;
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4. Domestic
organizations, foreign organizations and individuals, when applying for house
ownership certificates, must possess papers according to the following
regulations:
a/ In case of
investment in construction of houses for lease, there must be one of the papers
on leasing house projects (decisions approving the projects or investment
decisions or investment certificates) and land use right certificates;
b/ Where domestic
organizations purchase, are donated, inherit or own houses through other forms
under the provisions of law, there must be papers on such transactions as
provided for in Article 93 of the Housing Law, enclosed with house ownership
certificates under the provisions of the Housing Law or house ownership and
residential land use right certificates under the provisions of the
Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses and
the rights to use residential land in urban centers or house ownership
certificates under the provisions of the Government's Decree No. 95/2005/ND-CP
of July 15, 2005, on grant of house ownership or construction work ownership
certificates or land use right certificates with acknowledgement of houses
under the provisions of land law of the transferers.
5. In cases where
house owners who are not concurrently land users apply for house ownership
certificates, apart from the papers evidencing the house ownership under the
provisions in Clauses 1, 2, 3 and 4 of this Article, there must be land users'
documents permitting the use of land for construction of residential houses,
which are notarized by public notary or authenticated by People's Committees of
commune or higher level.
6. Organizations and
individuals that have lost their house ownership certificates, when applying
new ones, must possess the following papers:
a/ Papers certifying
the loss of certificates, issued by commune-level police offices of the
localities where the certificates were lost;
b/ In case of losing
papers not due to natural calamities or fires, there must be papers evidencing
an announcement thereof on the mass media, for urban centers (a report on
papers or written certification of the agency publishing such report) or
written certification by commune People's Committees of the posting of the
announcement on loss of papers at the headquarters of the commune People's
Committees for 10 working days, for rural areas.
7. Organizations and
individuals whose house ownership certificates are damaged or ragged or have
all pages on change certification fully inscribed, when applying for change
thereof, must have the old house ownership certificates.
8. Organizations and
individuals that were granted house ownership certificates and make changes in
areas, height, main structure of houses, separate or consolidate land plots for
cases of granting house ownership certificates provided for at Point a, Clause
1, Article 11 of the Housing Law against the contents in the certificates, when
applying for certification of such changes, must possess the old residential
house ownership certificates and the written declarations of the changes,
except where the applications for certification of changes have already stated
the contents of such changes.
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1. The house
ownership and residential land use right certificates provided for at Point a,
Clause 1, Article 11 of the Housing Law shall each contain four pages covering
the following principal contents:
a/ Page 1 has the
national emblem and the certificate name "Residential house ownership and
residential land use right certificate";
b/ Page 2 has the
contents on the name of the People's Committee competent to issue the
certificate; the code number of the certificate; the name(s) of the residential
house owner(s) and residential land user(s); the current status of the
residential house and the residential land; day, month, year, position of the
certificate signer and the serial number of the original dossiers;
c/ Page 3 expresses
the content on the diagrams of the residential house and residential land;
d/ Page 4
demonstrates the contents on changes after the issuance of the certificate and
matters the house owner should pay attention to when being granted the
certificate.
The form of
residential house ownership and residential land use right certificates
prescribed in this Clause is specified in Appendix 3 to this Decree.
2. The house ownership
certificates prescribed at Point b, Clause 1, Article 11 of the Housing Law
shall each contain four pages covering the following principal contents:
a/ Page 1 has the
national emblem and the certificate name "Residential house ownership
certificate";
b/ Page 2 covers the
contents on the name of the People's Committee competent to issue the
certificate; the code number of the certificate; the name(s) of the house
owner(s); the actual house conditions; the content on the used residential
land; day, month, year and position of the certificate signer and the serial
number of the original dossiers;
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d/ Page 4
demonstrates the contents on changes after the issuance of the certificate and
matters the house owner(s) should pay attention to when being granted the
certificate.
The form of house
ownership certificate provided for in this Clause shall be specified in
Appendix 4 to this Decree.
3. The house
ownership and residential land use right certificate defined in Clause 1 of
this Article and the house ownership certificate defined in Clause 2 of this
Article shall be collectively referred to as the house ownership certificate.
4. The Construction
Ministry shall have to print and publish the house ownership certificates
according to the contents and forms prescribed in this Article for unified
application nationwide.
5. The house
ownership certificates issued from the effective date of this Decree shall
comply with the form of house ownership certificate as provided for by this
Article.
Article
45.-
Provisions on grant of, change certifications on, house
ownership certificates
1. The competence to
grant, change and re-grant house ownership certificates (hereinafter referred
collectively to as to grant house ownership certificates) shall comply with the
provisions of Article 14 of the Housing Law.
Based on their
practical local conditions, provincial-level People's Committees may authorize
provincial-level house management bodies to grant house ownership certificates
to subjects falling under their competence to grant certificates. In case of
being authorized by provincial-level People's Committees to grant certificates,
the directors of provincial-level house management bodies shall sign under the
authorization and affix the seals of the provincial-level People's Committees.
2. Competence to
certify changes after the grant of house ownership certificates is provided for
as follows:
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b/ Where the house
ownership certificates fall under the competence of the district-level People's
Committees, the district-level house management sections shall give the
certification and affix the seals of the district-level People's Committees.
3. The writing of
house owners' names in house ownership certificates shall comply with the
provisions of Article 12 of the Housing Law. Dead persons' names should not be
written in the certificates, except where house owners who have submitted the
dossiers of application for certificates die within the duration of certificate
granting. For other cases, when dossiers of application for certificates are
compiled, persons entitled to inherit such houses must be identified under the
provisions of civil law in order to write their names in the certificates.
4. Organizations and
individuals that sell or donate parts of their houses may, depending on their
own demands, request competent bodies to grant written certifications of
changes in the granted house ownership certificates or grant new house
ownership certificates for the remaining house and land sections.
5. Organizations and
individuals that purchase, inherit or are donated houses adjacent to their own
houses may, depending on their demands, request competent bodies to grant
separate house ownership certificates to the houses newly transferred to them
or grant common house ownership certificates to both their existing houses and
the newly transferred houses.
6. Agencies that
grant certificates or certify changes on certificates shall have to grant the
originals of the house ownership certificates to owners and archive the copies
thereof in dossiers; in cases of the house ownership and residential land use
right certificates, they shall have to send the copies to the land management
bodies of the same level for archive.
Article
46.-
House ownership certificate-granting order and procedures
with regard to houses granted the house ownership certificates for the first
time (hereinafter called grant for short)
1. Organizations and
individuals applying for house ownership certificates shall have to compile
dossiers of application for certificates and submit them to provincial-level
house management bodies, for organizations, or to district-level sections
having the function to manage houses, for individuals. For domestic individuals
in rural areas, they may file their dossiers at commune People's Committees and
within five working days counting from the date of receiving the complete valid
dossiers, the commune People's Committees shall have to transfer the dossiers
to the district-level sections having the function to manage houses.
Where enterprises
have invested in the construction of houses for sale, they shall have to
represent the purchasers to carry out the procedures so that competent state
bodies issue certificates to the purchasers according to the provisions of this
Article.
2. Dossiers of
application for house ownership certificates shall each comprise:
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b/ Copies of the
papers on establishment of house as provided for in Article 43 of this Decree.
For domestic organizations applying for certificates, they are required to
additionally have copies of their business registration certificates or copies
of the decisions on their establishment. For overseas Vietnamese applying for
certificates, they are required to additionally have copies of the papers
evidencing that they are entitled to own houses in Vietnam;
c/ The drawings of
the house and land diagram, for the cases specified at Point a, Clause 1,
Article 11 of the Housing Law, the drawings of the house diagram, for the cases
specified at Point b, Clause 1, Article 11 of the Housing Law, except where
such drawing has been included in the papers on establishment of the houses
defined at Point b of this Clause and there is practically no change therein.
The drawings of house
and residential land diagrams must express the positions, shapes, sizes and
acreages of the land plots; shapes, dimensions and flooring spaces of storeys
of the houses; the locations of the houses on the land plots, common walls,
separate walls. Particularly for condominium apartments, the drawings must
express the location of the buildings, the shapes and floor dimensions of the
storeys where exist such apartments and the positions, shapes, dimensions and
areas of the apartments proposed for grant of certificates.
The drawings of house
and residential land diagrams can be made by the applying organizations or
individuals themselves, by hired organizations with legal person status in
construction activities or by certificate-granting bodies. In cases where
certificate-applying organizations or individuals make the drawings by
themselves, they must obtain the verifications and certifications from
provincial-level house management bodies, for organizations, or from the
district-level sections having the function to manage houses, for individuals
in urban centers, or from commune People's Committees, for individuals in rural
areas. For newly built houses under housing projects, new-urban center
projects, the drawings supplied by investors shall be used.
3. Agencies receiving
dossiers shall have to check the dossiers, compare copies with their originals;
if the dossiers include all papers defined in Clause 2 of this Article, they
must issue receipts to certificate applicants, clearly stating the time for
hand over of the certificates. Where the house and/or residential land diagrams
are drawn by organizations or individuals themselves without verifications and
certifications by competent bodies defined at Point c, Clause 2 of this
Article, the receipts must state the appointment time for verification; the
verification appointment time must not exceed 10 working days counting from the
date of receiving the dossiers of application for certificates and shall not be
counted into the certificate-granting time limit.
Where dossiers do not
include all the prescribed papers, the dossier-receiving persons must clearly
state the reasons and provide specific guidance right after receiving the
dossiers so that the applicants know and supplement the dossiers.
4. Organizations and
individuals applying for certificates shall have to pay certificate-granting
fees to dossier-receiving bodies when submitting the dossiers. The
certificate-granting fees shall be refunded in cases where certificates are not
granted, except for cases where the certificate applicants have made untruthful
declarations or are not entitled to own houses in Vietnam.
5. Within 30 days
after the receipt of complete valid dossiers, provincial-level house management
bodies or district-level sections having the function to manage houses shall
have to check the dossiers, express the contents on the certificates, submit
certificates to competent bodies for signing, notify the certificate applicants
to pay financial obligation amounts under the provisions of law, make entries
into house registers and hand the certificates to applicants, and at the same
time have to transfer copies of the certificates to the land management bodies
of the same level for archive as provided for in Clause 6, Article 45 of this
Decree.
The certificate
applicants shall have to pay the financial-obligation amounts notified to them
before receiving the house ownership certificates.
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Where commune
People's Committees hand over the house ownership certificates, they shall have
to gather the papers defined in this Clause and must, within 15 working days,
submit them to district-level house management bodies for inclusion in the
archives.
Article
47.-
Order and procedures for re-grant or change of,
certification of changes on, house ownership certificates
1. Organizations and
individuals that have been granted house ownership certificates which, however,
have been lost, damaged, ragged or reduced to no more pages for inscription of
changes in land areas, house height or main structures, shall have to compile
dossiers of application for re-grant or change of, or certification of changes
on, certificates and submit them to provincial-level house management bodies,
for organizations, or to district-level sections having the function to manage
houses, for individuals.
2. Dossiers of
application for re-grant, change, certification of changes shall each include:
a/ The application
for re-grant or change of, or certification of changes on, house ownership
certificates (made according to the form guided by the Construction Ministry);
b/ Papers related to
the re-grant, change or certification of changes as provided for in Article 43
of this Decree.
3. The
dossier-receiving agencies shall have to check the dossiers; if they are
complete with all papers specified in Clause 2 of this Article, they must issue
receipts to the applicants, clearly stating the time for handing of
certificates. In case of certification of changes, such receipts must state the
appointment time for verification; the verification appointment time must not
exceed 10 working days, counting from the date of receiving the dossiers of
application for certificates and shall not be counted into the time limit for
certification of changes on certificates.
Where dossiers do not
include all the prescribed papers, the dossier-receiving persons must clearly
state the reasons and have the responsibility to give detailed guidance
immediately after receiving the dossiers so that the applicants know and
supplement the dossiers.
4. Organizations and
individuals applying for re-grant or change of, or certification of changes on,
certificates shall have to pay fees for granting of certificates or
certification of changes and shall be refunded the paid fees under the
provisions of Clause 4, Article 46 of this Decree.
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6. The applicants for
re-grant or change of, certification of changes on, certificates shall receive
the house ownership certificates at agencies where they have submitted the
dossiers and must sign the house ownership registers.
Article
48.-
Order and procedures for grant of house ownership
certificates with regard to cases of transfer of houses already granted the
house ownership certificates
1. Organizations and
individuals that purchase, rent-purchase, are donated, inherit houses with
house ownership certificates already granted to the transferers shall have to
compile dossiers of application for certificates and submit them to provincial-level
house management bodies, for organizations, or to district-level sections
having the function to manage houses, for individuals. For domestic individuals
in rural areas, they may file the dossiers at commune People's Committees
which, within five working days counting from the date of receiving the
complete and valid dossiers, shall have to transfer the dossiers to the
district-level sections having the function to manage houses.
2. Dossiers of
application for house ownership certificates shall each comprise:
a/ The application
for house ownership certificate (made according to the form guided by the
Construction Ministry);
b/ The (written)
contract on purchase, rent-purchase, donation or inheritance of house as
provided for in Article 93 of the Housing Law, enclosed with a copy of the
house ownership certificate of the transferer. For overseas Vietnamese applying
for certificates, they are required to additionally have the copies of papers
evidencing that they are entitled to own houses in Vietnam.
c/ In case of
transfer of parts of houses in granted certificates, there must be drawings of
house diagrams as provided for at Point c, Clause 2, Article 46 of this Decree.
3. The
dossier-receiving agencies shall have to check the dossiers, compare copies with
their originals; if the dossiers include all papers defined in Clause 2 of this
Article, they must issue receipts to the certificate applicants, clearly
stating the time for handing the certificates. In case of partial transfer of
the houses already granted the certificates and the drawings of house and
residential land diagrams have not yet been verified and certified by competent
bodies defined at Point c, Clause 2, Article 46 of this Decree, the receipts
must state the appointment time for verification; the verification time must be
within 10 working days counting from the date of receiving the dossiers of
application for certificates and shall not be counted into the
certificate-granting time limit.
In cases where the
dossiers do not comprise all the prescribed papers, the dossier-receiving
persons must clearly state the reasons and have to provide specific guidance
immediately after the receipt of dossiers so that the certificate applicants
know and supplement the dossiers.
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5. Within 30 days
counting from the date of full receipt of valid dossiers, provincial-level
house management bodies or district-level sections having the function to
manage houses shall have to check the dossiers, express the contents on
certificates, submit them to competent agencies for signing, notify the
certificate applicants to fulfill the financial obligations according to the
provisions of law, make entries into house ownership registers and hand the
certificates to applicants, and at the same time send copies of the
certificates to the land management agencies of the same level for archive
according to the provisions of Clause 6, Article 45 of this Decree.
The certificate
applicants shall have to pay the notified-financial obligation amounts in order
to receive the house ownership certificates.
6. House owners shall
receive house ownership corticats at the agencies which have received the
dossiers; in cases where certificates are received by other persons, there must
be authorization letters of the house owners, which are authenticated by
commune-level People's Committees. Upon receipt of certificates, house owners
must submit receipts of the notified financial obligation amounts and the
transferers' house ownership certificates to the certificate-handing agencies
for archive in dossiers; owners or their authorized persons, when receiving the
certificates, must sign in house ownership registers.
Article
49.-
Fees for grant of certificates, certification of changes
on house ownership certificates
Organizations and
individuals applying for certificates, certification of changes on house
ownership certificates shall have to pay fees for grant of, or certification of
changes on, house ownership certificates according to the following
regulations:
1. Not more than VND
100,000/certificate, for individuals, not more than VND 500,000/certificate,
for organizations that apply for house ownership certificates for the first
time for residential houses and cases of being transferred parts of houses
already granted house ownership certificates.
2. Not more than VND
50,000/certificate, for the following cases:
a/ Houses have been
granted the house ownership certificates, and now the owners apply for change,
re-grant of, or certification of changes on, the granted house ownership
certificates;
b/ Houses have been
granted the house ownership and residential-land use right certificates under
the Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses
and rights to use residential land in urban centers, the house ownership
certificates under the provisions of the Government's Decree No. 95/2005/ND-CP
of July 15, 2005, on grant of certificates of house ownership, construction
work ownership or land use right certificates under the provisions of land law
with the acknowledgement of houses, and now owners wish to change, re-grant the
house ownership certificates according to the form prescribed in this Decree;
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3. Based on the fee
levels prescribed in Clauses 1 and 2 of this Article, provincial-level People’s
Councils shall set the specific fee rates to suit the practical local
conditions.
Article
50.-
Registration fees and other financial obligations upon
grant of certificates, certification of changes on house ownership certificates
1. Organizations and
individuals establishing houses due to transfer from other organizations or
individuals shall have to pay registration fees before being granted house
ownership certificates, except for cases where they have already paid or are
exempt from fee payment under the provisions of law on registration fees.
2. Registration fees
shall not be collected in the following cases:
a/ Organizations and
individuals are granted for change of, re-granted or given certification of
changes on, house ownership certificates;
b/ Individuals
establishing houses through the form of developing separate houses of
households or individuals.
3. Organizations and
individuals applying for grant of, or certification of changes on, house
ownership certificates shall have to fulfill other financial obligations if so
provided for by law upon recognition of house ownership and/or land use rights,
except for cases of exemption or debt acknowledgement.
Article
51.-
Cases not entitled to grant of house ownership
certificates
1. Houses lie within
areas banned from construction or encroach upon protection boundaries of
technical infrastructures or classified historical or cultural relics.
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3. Houses under state
ownership.
4. Houses otherwise
committed by the Vietnamese government and foreign governments or international
organizations.
5. There exist
disputes over, or complaints about, house ownership and/or residential land use
rights, which have not yet been settled under provisions of law.
6. Cases ineligible
to own houses or unqualified for grant of house ownership certificates under
the provisions of law on housing.
If provincial-level
house management bodies or district-level sections having the function to
manage houses, when dealing with dossiers of application for house ownership
certificates, detect cases ineligible for grant of house ownership certificates
specified in this Article, they shall have to notify the involved parties in
writing thereof, clearly stating the reasons for non-grant of certificates, and
return the dossiers to the applicants within 15 days counting from the date of
receiving the dossiers.
Chapter
IV
CONTENTS OF MANAGEMENT OF THE USE OF
HOUSES
Article
52.-
House warranty
1. Houses must be
warranted after completing the construction of, and putting the houses to use,
except for cases where houses are damaged due to natural calamities, enemy
sabotage or by users.
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3. Where
organizations or individuals constructing or selling houses without performing
the obligation for house warranty, house owners may initiate lawsuits at the
court; where the house warranty obligations are not fully performed, thus
causing damage to other persons, they must pay compensations or shall be
examined for penal liability according to the provisions of law.
Article
53.-
House maintenance
1. House owners shall
have to perform the house maintenance according to the provisions of the
Housing Law and the law on construction, unless otherwise agreed upon between
house owners and users. Where house owners cannot be identified yet, the
current users shall have to perform the maintenance of such houses.
2. For urban houses
and condominiums, if the persons responsible for maintenance fail to perform
the maintenance of the facades and the sections under common ownership
according to the regulations, the ward People's Committees shall request in
writing the owners to perform the maintenance. If after 30 days counting from
the date the ward People's Committees send their written requests the owners do
not perform the maintenance, the ward People's Committees shall perform the maintenance
and the owners shall have to pay all expenses for the organization of such
maintenance.
3. If the responsible
persons' failure to perform the house maintenance has caused damage to other
persons, they must pay compensations therefor or shall be examined for penal
liability according to provisions of law.
Article
54.-
Funds for maintenance of condominiums' sections under
common ownership by more than one owners
1. For condominiums
sold from the effective date of the Housing Law, investors shall have to pay
the following funding amounts for the maintenance of the condominiums:
a/ For the sold house
floor areas, 2% of the sale proceeds must be paid. This money amount shall be
calculated into sale money to be paid by purchasers;
b/ For the house floor
areas not sold but retained by investors (excluding areas under common use), 2%
of the value of such floor area shall be paid. This amount shall be calculated
at the highest sale prices of apartments of such condominiums.
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2. For condominiums
sold before the effective date of the Housing Law, for which 2% has not yet
been collected by investors, the maintenance funding shall be distributed as
follows:
a/ Investors
retaining the house floor areas (excluding the areas for common use) shall
contribute maintenance fundings corresponding to the retained areas;
b/ Apartment owners
shall contribute 70% of the maintenance funding corresponding to their separate
acreages. Local budgets shall provide as support the remaining 30% for owners
to perform the maintenance.
3. The maintenance
funding shall be deposited at commercial banks and managed by condominium
management boards in service of the maintenance work according to the
condominium management regulations.
4. Where the
collected maintenance fundings are not enough, contributions shall be mobilized
from owners corresponding to their separately owned flooring spaces. Where
condominiums must be dismantled while the maintenance fundings prescribed at
Point a, Clause 1 of this Article have not yet been used up, the remainder
shall be used to support the resettlement upon reconstruction of the
condominiums or included into the condominium maintenance funds after the
reconstruction.
Article
55.-
Demolition of houses currently on lease
1. The demolition of
houses currently on lease shall comply with the provisions of Article 88 of the
Housing Law.
2. Where houses must
be urgently demolished due to heavy damage, which may collapse, the written
notification of the demolition is not required.
3. Where demolition
is carried out for reconstruction of houses while the leasing term has not
expired yet, the lessors shall have to arrange other lodgings for the lessees
during the period of house demolition and reconstruction, except for cases
where the lessees agree to find lodgings by themselves.
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1. The demolition of
condominiums of many owners for reconstruction under projects must be agreed
upon by two-thirds of the total number of condominium owners. Where the
reconstruction of condominiums has been agreed upon by two-thirds of the total
number of condominium owners, the coercive evacuation of other owners and users
shall comply with the provisions of law. The expenses for coercive demolition
shall be contributed by the coerced owners.
2. Where condominiums
must be demolished for reconstruction under the provisions of Clause 1 of this
Article, the owners shall be resettled and enjoy some benefits under the
following regulations:
a/ To be provided
with evacuation funding supports by investors; to be provided with lodgings or
funding supports for self-finding of lodgings during the period of
reconstruction;
b/ Owners who wish to
purchase more floor areas of new houses under projects on reconstruction of
condominiums at commercial prices shall be given priority to buy them first.
Chapter
V
SOME SPECIFIC PROVISIONS ON
HOUSE-RELATED TRANSACTIONS
Article
57.-
Trading in houses under common ownership with
co-owner(s) who is/are absent
1. The trading in
houses under common ownership shall comply with the provisions of Article 96 of
the Housing Law.
2. Where a co-owner
is absent and his/her residence place is unidentifiable, the remaining
co-owners must file their applications requesting the court to declare such
person missing under the provisions of law before selling such houses.
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3. Where the person
declared missing has died or been declared dead by a court, the bank deposit
money amount mentioned in Clause 2 of this Article shall be divided to his/her
lawful heirs under the provisions of civil law.
Article
58.-
Rent-purchase of social houses
1. The rent-purchase
of social houses must be carried out under contracts between social
house-managing units and rent-purchasers.
2. After the advance
payment of 20% of the value of the rent-purchased houses, the rent-purchasers
may pay the remainder within the period prescribed by provincial-level People's
Committees, which, however, must not be shorter than 15 years and longer than
20 years.
3. Upon the expiry of
the house rent-purchase term as provided for in Clause 2 of this Article, units
assigned to manage houses shall have to complete the procedures for termination
of the rent-purchase contracts and transfer the house purchase dossiers to
district-level People's Committees of the localities where the rent-purchased
houses are located for grant of house ownership certificates to
rent-purchasers.
4. Units assigned to
manage social houses may unilaterally stop performing contracts on social house
rent-purchase and recover the houses currently on rent-purchase in one of the
following cases:
a/ The
rent-purchasers do not pay rents for three consecutive months without plausible
reasons;
b/ The
rent-purchasers repair, restructure, renovate or expand the houses on
rent-purchase at their own will;
c/ The
rent-purchasers sell or transfer the right to rent to other persons at their
own will without consent of house-managing units.
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Article
59.-
House exchange
1. The transactions
of house exchange prescribed in Section 6, Chapter V of the Housing Law shall
only apply to cases where the parties exchange houses and transfer the house
ownership to each other, not to the cases of house use right exchange.
2. The house exchange
parties shall have to strictly comply with the house exchange order and
procedures and fulfill all financial obligations towards the State according to
regulations. All cases of converting the transaction form of house exchange
contract into house trading contract shall be regarded as breaching law and the
parties shall not be granted certificates of ownership over the exchanged
houses.
Article
60.-
House mortgage
1. The house mortgage
must be carried out via contracts. House mortgage contracts must contain the
contents defined in Article 93 of the Housing Law and comply with the
provisions of Section 8, Chapter V of the Housing Law.
2. Immediately after
the conclusion of mortgage contracts, the mortgagees shall have to notify the
mortgage in writing to provincial-level house management bodies of the
localities where exist the houses, if the mortgagors are organizations, or to
district-level house management bodies, if the mortgagors are individuals. Such
written notification must clearly state the names of house owners, the
addresses of the mortgaged houses and the mortgage duration.
3. After the
mortgagors fulfill the obligations towards the mortgagees or where the
mortgaged houses are auctioned to settle the mortgage obligations, the
mortgagees must send written notices to house management bodies on the
demortgage or auction of the mortgaged houses.
4. Upon receipt of
notices mentioned in Clauses 2 and 3 of this Article, the house management
bodies must record them into house ownership registers for monitoring of the
mortgage. Where house owners are detected as having mortgaged their houses at
other credit institutions, the house management bodies must immediately notify
in writing the mortgagees thereof.
Article
61.-
House-related transactions involving overseas Vietnamese,
foreign organizations or individuals
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a/ They are entitled
to own houses in Vietnam under the provisions of Article 126 and satisfy all
the conditions prescribed in Article 92 of the Housing Law;
b/ They carry out the
trading in, donation, inheritance of houses in strict accordance with the
provisions of Chapter V of the Housing Law and the provisions of this Decree;
c/ Those who are
other than the subjects defined at Point 126 of the Housing Law or those who
fall into the subjects defined at Point 2, Article 126 of the Housing Law but
are currently owning houses in Vietnam, if being donated or inheriting houses,
may only enjoy the value of such houses according to the provisions of Article
68 of this Decree.
2. Overseas
Vietnamese, foreign organizations and individuals that conclude contracts on
renting houses in Vietnam shall have to comply with the following regulations:
a/ They must satisfy
all conditions for renting houses in Vietnam as provided for in Article 131 of
the Housing Law;
b/ The house-renting
contracts must be made in writing under the provisions of Article 93 of the
Housing Law;
c/ The house lessees
must fully perform their rights and obligations specified in the Housing Law,
the Civil Code and this Decree.
Article
62.-
House contracts
1. Transactions on
sale and purchase, rent-purchase, donation, exchange, mortgage, lending,
permitted temporary stay, authorized management of houses must be concluded in
writing (referred collectively to as house contracts); the contents of these
contracts must conform to the provisions of Clause 2, Article 93 of the Housing
Law and the provisions of the Civil Code. Where houses are donated by legal
persons, there must be documents on donation.
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3. Contracts on rent,
rent-purchase of social houses shall be made in writing, specifying the rights
and obligations of the involved parties and must not be notarized nor
authenticated.
Social-house renting
contracts shall be signed according to set terms which, however, shall not
exceed 5 years (60 months). At the end of such term, the lessees shall be
considered by competent bodies for extension of contracts if they have fully
implemented the house-renting regulation during the leasing terms and remain
eligible and satisfy the conditions to rent social houses. Social house-renting
contracts shall be made according to the form in Appendix 6 and under the
guidance in Appendix 7 to this Decree.
4. Official-duty
house renting contracts shall be made in writing, specifying the rights and
obligations of the involved parties and must not be notarized nor
authenticated.
Official-duty
house-renting contracts shall be signed for terms not exceeding the terms of
office of the lessees as stated in the decisions on transfer or rotation of
cadres. Where the leasing contracts expire but the lessees still satisfy the
conditions on subjects and floor area for renting official-duty houses under
the provisions of the Housing Law, this Decree and have fully paid rents, the
official-house management units shall extend the leasing contracts until the
lessees move to other places, retire from work or are no longer eligible for
renting such official-duty houses. The official-duty house renting contracts
shall be made according to the form in Appendix 8 to this Decree (not printed
herein).
5. Other
house-renting contracts must be made in writing, specifying the rights and
obligations of the two parties under the provisions of the Housing Law and the
Civil Code. In cases where individuals lease houses for less than six months or
house-leasing organizations have the function of dealing in houses, the
house-renting contracts must not be notarized nor authenticated. The
house-renting contracts shall be made according to the form in Appendix 9 to
this Decree (not printed herein).
6. Contracts on
exchange, donation, mortgage, lending, permitted temporary stay, authorized
management of houses shall comply with the provisions of the Housing Law and
the Civil Code.
Article
63.-
Time for transfer of house ownership, for transactions
of sale and purchase, donation, exchange, rent-purchase, inheritance of houses
1. The time for
transfer of house ownership, for cases of house sale and purchase, shall be
counted from the date the house sale and purchase contracts are notarized or
authenticated. Where a party to the house sale and purchase is an organization
having the function to deal in houses, the time for transfer of house ownership
shall be the time the seller hand over the house to the purchaser under the
agreement in the contract.
2. The time for
transfer of house ownership, for cases of house donation, shall be counted from
the date the house donation contracts are notarized or authenticated. Where
legal persons donate houses, the time for house ownership transfer to the
donees shall be counted from the date the donors sign the donation documents.
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4. The time for
transfer of house ownership, for cases of house rent-purchase, shall be counted
from the time of ending the rent-purchase terms and the rent-purchasers have
fully paid the monthly rents according to the provisions of Clause 2, Article
58 of this Decree.
5. The time for
transfer of house ownership, for cases of house inheritance, shall be counted
from the time of opening the inheritance. The identification of organizations,
individuals inheriting houses shall comply with the provisions of civil law.
Chapter
VI
HOUSES IN VIETNAM OF OVERSEAS VIETNAMESE, FOREIGN
ORGANIZATIONS OR INDIVIDUALS
Article
64.-
Ownership of houses in Vietnam by overseas
Vietnamese, foreign organizations or individuals
Ownership of houses
in Vietnam by overseas Vietnamese, foreign organizations or individuals shall
comply with the provisions of Section 1, Chapter VI of the Housing Law and the
provisions of this Decree.
Article
65.-
Ownership of houses by overseas Vietnamese
1. Overseas
Vietnamese who are Vietnamese citizens or of the Vietnamese stock, residing and
earning their living for long terms in foreign countries under the provisions
of the May 20, 1998 Law on Vietnamese Nationality (which took effect on January
1, 1999).
2. Overseas
Vietnamese may own houses in Vietnam in one of the following forms:
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b/ Purchase of, being
donated with, inheritance of, houses.
3. Overseas
Vietnamese investing in the construction of houses for lease shall be granted
house ownership certificates over such houses by competent state bodies. The
house ownership duration shall be the duration specified in investment
certificates and clearly stated in the house ownership certificates.
Where investment is
made in the construction of houses for sale, the State shall not grant house
ownership certificates to investors. After the completion of construction under
projects, investors may sell such houses to domestic organizations and
individuals as well as overseas Vietnamese entitled to own houses in Vietnam according to the provisions of the Housing Law and this Decree. Investors shall, on
behalf of house purchasers, have to carry out the procedures according to the
provisions of Chapter III of this Decree so that competent state bodies grant
house ownership certificates to house purchasers.
Investors building
houses for sale or lease shall have to pay land use levies, land rents and
other financial obligations under provisions of law.
4. Overseas
Vietnamese mentioned below may purchase, be donated with, exchange or inherit
houses like domestic Vietnamese (without restriction on the number of houses
they can own):
a/ Overseas
Vietnamese who return to Vietnam for long-term investment and directly carry
out investment activities under the provisions of the Investment Law and are
granted the investment certificates;
b/ Overseas
Vietnamese who have rendered great services to the country, including those who
enjoy the preferential treatment regimes under the June 29, 2005 Ordinance on
preferential treatment of persons with meritorious services to revolution;
those who have made contributions to the cause of national liberation and
construction and were awarded orders and/or medals by the State President or
the Government; diplomas of merit by the Prime Minister; and/or commemorative
badges by the Presidium of the Central Committee of Vietnam Fatherland Front or
ministers, heads of central branches for the cause of their respective
branches; persons who participate in the Executive Committees of Vietnamese
socio-political organizations of the provincial or higher level with
certification by such socio-political organizations; persons who are elected
into the Central Committees of such organizations, who play the core role in
movements or organizations of overseas Vietnamese and establish relations with
the country through the Committee on Overseas Vietnamese and persons who have
actively contributed to and assisted representative agencies or external
activities of Vietnam in foreign countries, with the certification by such
agencies;
c/ Cultural
activists, scientists who wish to return to Vietnam for regular activities in
service of national construction, including culturalists, scientists conferred
scientific, educational, cultural or art titles or degrees of Vietnam or
foreign countries; specialists in the socio-economic fields. The persons
mentioned at this Point must be invited to Vietnam by Party or State leaders,
ministers, heads of ministerial-level agencies to work as specialists or
collaborators in the fields of science, education, culture and art, with the
certification by leaders of the inviting agencies;
d/ Overseas
Vietnamese permitted to return to live permanently in Vietnam, who file their applications to live permanently in Vietnam and are approved by competent
authorities of Vietnamese diplomatic missions.
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The Foreign Affairs
Ministry shall coordinate with the Public Security Ministry in guiding in
detail the determination of the residence duration in Vietnam of overseas Vietnamese. Upon the grant of visa, it shall ensure that those who wish
may purchase houses as provided for in this Clause.
6. Overseas
Vietnamese who are not entitled to own houses in Vietnam or are entitled to own
a limited number of houses in Vietnam under the provision of Point c, Clause 1,
Article 61 of this Decree, if being donated or inheriting houses, may only
enjoy the value of such houses under the provisions of Article 68 of this
Decree.
7. The order and
procedures for grant of house ownership certificates to overseas Vietnamese
shall comply with the provisions of Chapter III of this Decree.
The Foreign Affairs
Ministry shall guide in detail the papers and procedures for certifying
overseas Vietnamese to be entitled to own houses in Vietnam.
Article
66.-
Ownership of houses in Vietnam by foreign
organizations or individuals
1. Foreign
organizations and individuals may own houses in Vietnam through investment in
the construction of houses for lease.
2. Foreign
organizations and individuals investing in the construction of houses for lease
shall be granted certificates of ownership over such houses. The house
ownership duration shall be the duration prescribed in the investment
certificates and stated in the house ownership certificates.
In case of investment
in the construction of houses for sale, the State shall not grant house
ownership certificates to investors. After the completion of construction under
projects, investors may sell such houses to domestic organizations or
individuals and overseas Vietnamese entitled to own houses in Vietnam under the provisions of the Housing Law and this Decree. Investors shall, on behalf
of the house purchasers, have to carry out the procedures prescribed in Chapter
III of this Decree so that competent state bodies grant house ownership
certificates to house purchasers.
Investors
constructing houses for sale or lease shall have to pay land use levies, land
rents and other financial obligations under the provisions of law.
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4. The order and
procedures for the grant of house ownership certificates to foreign
organizations and individuals shall comply with the provisions of Chapter III
of this Decree.
Article
67.-
Overseas Vietnamese, foreign organizations and
individuals renting houses in Vietnam
1. House-renting
subjects and conditions include:
a/ Foreign
organizations and individuals permitted to enter Vietnam for a duration of
three consecutive months or more;
b/ Overseas
Vietnamese who are staying in Vietnam and wish to rent houses.
2. The house- renting
order and procedures, the rights and obligations of house lessees shall comply
with the provisions of Clause 2, Article 61 of this Decree.
Article
68.-
Cases of being donated or inheriting houses and only
enjoying the value of such houses
1. The following
foreign organizations and individuals, overseas Vietnamese, when being donated
or inheriting houses in Vietnam, shall not be entitled to own but only enjoy
the value of such houses:
a/ Foreign
organizations and individuals;
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c/ Overseas
Vietnamese who are entitled to own only one house and are currently owning
houses in Vietnam.
2. Organizations and
individuals that are donated or inherit houses as provided for in Clause 1 of
this Article may directly sell or authorize organizations or individuals under
the provisions of civil law to do so when having the following papers:
a/ Papers on house
donation or inheritance under the provisions of Article 93 of the Housing Law;
b/ House ownership
certificates under the provisions of the Housing Law or house ownership or
residential land use right certificates under the provisions of the
Government's Decree No. 60/CP of July 5, 1994, on the right to own houses and
the right to use residential land in urban centers or house ownership
certificates under the Government's Decree No. 95/2005/ND-CP of July 15, 2005,
on the grant of house ownership or construction work ownership certificates or
land use right certificates already issued under provisions of land law with
the acknowledgement of houses of donors or estate leavers;
c/ In case of
authorizing organizations or individuals to sell, there must be letters of
authorization as provided for by law.
3. Where house donees
or heirs transfer money from house sale abroad, they must abide by the
provisions of Vietnamese law on transfer of money abroad.
Chapter
VII
STATE MANAGEMENT OF HOUSES
Article
69.-
Elaboration of national orientations for housing
development
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2. The national
housing development orientation shall cover the following principal contents:
a/ The present
housing situation of the country;
b/ The analysis and
evaluation of the housing development results and problems as well as the
causes thereof;
c/ Housing
development viewpoints, objectives and requirements in the coming period,
pinpointing key programs, basic viewpoints, objectives, requirements and norms
on development of commercial houses, social houses, official-duty houses,
houses for social-policy beneficiaries;
d/ Solutions to the
attainment of housing development objectives, including mechanisms and policies
on planning, land, technical infrastructures, finance, credit and
implementation measures.
3. Based on the
socio-economic development strategies and housing development orientations, the
Prime Minister shall promulgate key housing development programs in order to
provide dwelling houses for subjects meeting with housing difficulties in
regions and zones.
4. The basic housing
development targets in national housing development orientations and programs
must be included in the national socio-economic development tasks of each
period. In the course of implementation, the set orientations and programs must
be preliminarily reviewed, revised, amended, adjusted and supplemented in time
to suit the practical situation.
At the end of each
implementation period, the implementation results must be finally reviewed and
evaluated.
Article
70.-
Formulation of local housing development programs
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2. The local housing
development programs shall cover the following principal contents:
a/ The general
housing situation of localities;
b/ The analysis and
evaluation of housing development results and problems as well as the causes
thereof;
c/ Basic viewpoints,
objectives, demands and norms on development of commercial houses, social houses,
official-duty houses in localities, formulating specific housing development
plans in order to provide lodgings for displaced people subject to ground
clearance; workers in export processing zones, economic zones, industrial
parks, hi-tech parks; subjects currently living in regions frequently affected
by natural calamities, dangerously degraded condominiums, lodging quarters with
degraded technical infrastructures which fail to meet the requirements; poor
ethnic minority households in rural and mountainous areas; people with
meritorious services to the revolution who are meeting with housing
difficulties;
d/ Measures for
implementation of housing development programs, plans regarding the planning on
the use of land for housing development; mechanisms and policies on land,
technical infrastructure, finance, credit, preference to call for investment;
tentative lists of housing development projects; implementation schedule;
specific tasks and responsibilities of provincial/municipal Services,
Committees, branches, administrations of all levels in the course of
implementation.
3. The basic housing
development targets in housing development programs and plans must be included
in the local socio-economic development tasks in each period.
In the course of implementation,
the set programs and plans must be preliminarily reviewed, revised, amended,
adjusted or supplemented in time to suit the practical situation.
Upon the completion
of programs and plans, the implementation results must be finally reviewed and
evaluated.
4. Provincial-level
People's Committees shall have to allocate local budget for investigations,
surveys, elaboration of housing development programs and plans of their
respective localities.
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1. Agencies
responsible for management of house dossiers:
a/ Provincial-level
house management bodies shall manage the dossiers of houses with house
ownership certificates granted by provincial-level People's Committees;
b/ District-level
People's Committees shall manage the dossiers of houses with house ownership
certificates granted by district-level People's Committees.
Assisting the
district-level People's Committees in performing the management of house
dossiers shall be district-level sections having the function to manage houses.
2. House dossiers
shall cover the contents prescribed in Clause 3, Article 66 of the Housing Law.
3. House dossier
management agencies shall have to supply information on houses to agencies
defined in Clause 7 of this Article and organizations or individuals with
rights and obligations related to such houses upon request.
4. Information on
houses are information relevant to the present conditions and legality of
houses and residential land stated in the house dossiers.
5. Organizations and
individuals requesting the supply of information on houses must file their
written requests, clearly stating their full names and addresses, contents of
information to be supplied and purposes of their requests for supply of
information.
6. Information can be
supplied in forms of written replies, copies or extracts of dossiers, or via
computer networks.
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The Finance Ministry
shall coordinate with the Construction Ministry in setting the rates, state
budget remittance percentages and regimes of use of information supply charges
defined in this Article.
Article
72.-
Surveys, statistics, formulation of data on houses
1. Once every five
years, the People's Committees of all levels shall have to conduct surveys and
statistics and formulate data on houses in their respective localities to serve
the requirements of elaboration of their local housing development programs and
plans according to the following regulations:
a/ House surveys and
statistics shall be carried through distribution of questionnaires to every
organization participating in housing development and every household in
localities;
b/ Surveys and
statistics shall be organized from the commune level. The commune-level
People's Committees shall distribute survey and statistical cards, sum up data
in their respective localities and report thereon to district-level People's
Committees which shall have to sum up the data of all communes in their
districts and report thereon to provincial-level People's Committees.
Provincial-level People's Committees shall have to sum up the data reported by
all their districts and report thereon to the Construction Ministry;
c/ The contents of
survey questionnaires and data statistic and sum-up forms shall be guided by
the Construction Ministry in coordination with the General Statistics Office.
2. Once every five
years, the Construction Ministry shall have to sum up the data of the
localities, formulate data on houses throughout the country and promulgate them
at the beginning of plan years to serve the elaboration of national housing
development policies, orientations and programs.
3. Funds for the
investigations, surveys, statistics and formulation of data on houses shall be
channeled from the state budgets.
The Construction
Ministry shall assume the prime responsibility for, and coordinate with the Planning
and Investment Ministry and the Finance Ministry in, formulation of the
contents of, and budget capital plans for, investigations, surveys, statistics
and formulation of databases on houses and submit them to the Prime Minister
for decision.
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1. Cadres and public
servants working in the domain of housing development and management of all
levels and branches must, at least once every five years, attend training or
fostering courses on knowledge about housing development and management so as
to be updated with mechanisms, policies, legal provisions, domestic and foreign
information on housing development and management.
2. The Construction
Ministry shall stipulate the plans, programs and contents of, and coordinate
with ministries, branches and localities in organizing, such training and
fostering courses for the contingent of cadres and public servants involved in
housing development and management.
3. Funds for
compilation of teaching stuffs and organization of such courses shall be
contributed by trainees. Agencies sending their cadres and public servants to
attend the courses shall have to deduct their own funds for their cadres and
public servants attending refresher courses on housing development and
management.
Article
74.-
Management of housing real estate brokerage activities
1. Organizations and
individuals of all economic sectors satisfying the conditions prescribed in
Clause 2 of this Article may participate in housing real estate brokerage
activities.
2. Conditions for
organizations, individuals participating in housing real estate brokerage
activities:
a/ Individuals
practicing housing real estate brokerage must go through training courses on real
estate brokerage and be granted certificates by agencies or organizations
having the function of providing real estate brokerage training according to
the provisions of law on real estate business;
b/ Organizations and
individuals conducting housing real estate brokerage activities must have the
real estate brokerage business registration certificates according to the
provisions of law on real estate business.
3. The Construction
Ministry shall promulgate regulations on organization of housing real estate
brokerage activities.
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1. To be answerable
to the Government for the unified state management of houses throughout the
country.
2. To study and
submit to the Prime Minister for promulgation the national housing development
orientations and programs for every ten-year period, based on the monitoring
and evaluation of the implementation of housing development programs of
localities.
3. To study and
submit to the Government, the Prime Minister for amendment, supplementation or
promulgation or to amend, supplement or promulgate according to competence
legal documents on housing development and management.
4. To direct and
guide the localities in organizing and implementing the housing development and
management in localities.
5. To examine,
inspect and settle according to competence or submit to the Government, the
Prime Minister for settlement of difficulties and problems of branches, levels,
agencies, organizations and individuals in the course of performing the work of
housing development and management.
6. To periodically
report to the Government, the Prime Minister on the implementation of the
Housing Law and this Decree nationwide.
Article
76.-
Responsibilities of concerned ministries and branches
for the state management of houses
1. Ministries and
ministerial-level agencies shall, within the ambit of their respective tasks
and powers, have to coordinate with the Construction Ministry in performing the
state management of houses.
2. To study, amend,
supplement and promulgate legal documents on housing development and management
according to their respective functions and tasks assigned by the Government.
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Article
77.-
Responsibilities of localities for state management of
houses
1. People's
Committees of all levels shall have the responsibilities:
a/ To perform the
state management of houses in their respective localities;
b/ To direct, guide
and organize the performance, examination and inspection of housing development
and management in their respective localities according to their assigned
functions and tasks;
c/ To propagate to
and mobilize organizations and individuals to observe the legal provisions on
housing development and management;
d/ To periodically
report to their superiors on the implementation of the Housing Law in their
respective localities.
2. Apart from the
provisions of Clause 1 of this Article, provincial-level People's Committees
shall have to promulgate specific mechanisms and policies on housing
development and management, housing development programs and plans as well as
other contents assigned to them in the Housing Law and this Decree to suit the
practical conditions of their respective localities and direct the organization
of implementation thereof.
3. Assisting
provincial-level People's Committees in performing the function of state
management of houses shall be provincial-level house management bodies.
Provinces with urban centers of grade 2 or higher and centrally-run cities
shall have to set up housing development and management sections in the
provincial-level house management bodies. Provincial-level house management
bodies of other provinces may set up housing development and management
sections or incorporate such functions with other sections but must ensure that
there are at least two cadres specializing in housing development and
management work.
People's Committees
of provincial towns must have housing development and management sections.
People's Committees of rural districts, urban districts, provincial towns may
set up housing development and management sections or incorporate such
functions with other sections, but must ensure that there are at least two
cadres specializing in housing development and management work.
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Article
78.-
The Steering Committee for Housing Policies
1. The Prime Minister
shall decide on the establishment of the Central Steering Committees for
Housing Policies, presidents of provincial-level People's Committees shall
decide on the establishment of provincial-level Steering Committees for Housing
Policies to help direct the implementation of the Housing Law and the policies
relating to housing development and management.
The Central Steering
Committee and the provincial-level Steering Committees shall have the assisting
inter-branch groups of specialists.
Members of the
Steering Committees and the specialists' groups shall work on a part-time basis
and enjoy allowances according to regulations. Budgets of the same level shall
provide funds for operations of the Steering Committees and the assisting
specialists' groups.
2. The Prime Minister
and presidents of provincial-level People's Committees shall define the
functions, tasks and operation regulations of the Steering Committees and
assisting specialists' groups.
Article
79.-
The role of Vietnam Fatherland Front and its member
organizations in the housing domain
The Vietnam
Fatherland Front and its member organizations are requested to participate in
the following activities in the housing domain:
1. Coordinating with state
bodies in propagating for the undertakings, policies and legal provisions in
the housing domain and participating in reconciliation of house-related
disputes;
2. Participating in
the study of, making proposals and comments to state bodies on, formulation of
mechanisms, policies and law on houses;
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4. Supervising state
bodies, organizations and individuals in the realization of housing policies.
Chapter
VIII
IMPLEMENTATION PROVISIONS
Article
80.-
Implementation effect
1. This Decree shall
take effect 15 days after its publication in "CONG BAO."
2. This Decree shall
replace the following decrees:
a/ The Government's
Decree No. 60/CP of July 5, 1994, on the rights to own houses and the rights to
use residential land in urban centers;
b/ The Government's
Decree No. 71/2001/ND-CP of October 5, 2001, on preferences on investment in
the construction of houses for sale or lease;
c/ The Government's
Decree No. 81/2001/ND-CP of November 5, 2001, on purchase of houses in Vietnam
by overseas Vietnamese.
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a/ The contents
related to dealing in houses, trading in houses not for commercial purposes in
the Government's Decree No. 61/CP of July 5, 1994, on house trading and
dealing;
b/ The contents
related to the grant of house ownership certificates in the Government's Decree
No. 95/2005/ND-CP of July 15, 2005, on the grant of house ownership,
construction work ownership certificates;
c/ The contents related
to housing development, management of house use and ownership, house-related
transactions in the legal documents promulgated by the Government, the Prime
Minister, ministries, ministerial-level agencies, provincial-level People's
Committees, which are contrary to the contents of this Decree.
Article
81.-
Implementation responsibilities
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal People's Committees shall have to implement
this Decree.
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SOCIAL-HOUSE RENTING, RENT-PURCHASE PRICE
BRACKET
Table 1. Social-house
rent bracket, applicable to low-rises in rural areas
Unit of calculation:
VND 1,000/m2
Region
Rent
Delta
Mid-land
Mountain
Minimum
rent
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Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
Rent bracket
13
20
10
18
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16
Table 2. Social-house
rent bracket, applicable to condominiums
Unit of calculation:
VND 1,000/m2
Grade
of urban center
Rent
Urban
Centers of special grade and
grade I
Urban
center of grade II
and grade III
Urban
centers of grade IV
and grade V
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Maximum
rent
Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
Rent bracket
15
28
13
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12
22
Table 3. Social-house rent bracket,
applicable in economic zones, industrial parks, export processing zones and
hi-tech parks
Unit of calculation:
VND 1,000/m2
Concentrated
industrial parks
Rent rate
Minimum
rent
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25
Table 4. Social-house
rent-purchase price bracket
Unit of calculation:
VND 1,000/m2
Price
First
payment
Monthly
paid
Urban
centers of special grade and grade I
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Urban
centers of grade IV,
grade V
Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
20% of the
investment price for 1m2 of flooring space apartment x Use
flooring space of the apartment
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30
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APPENDIX
2.
OFFICIAL-DUTY HOUSE RENT BRACKET
Table 1.
Official-duty villa house rent bracket
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Grade of
urban center
Rent
Urban
centers of special grade and grade I
Urban
centers of grade II,
grade III
Urban
centers of grade IV,
grade V
Minimum
rent
Maximum
rent
Minimum
rent
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Minimum
rent
Maximum
rent
Rent bracket
22
42
20
38
18
34
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Table 2.
Official-duty condominium rent bracket
Unit of calculation:
VND 1,000/m2
Grade of
urban center
Rent
Urban
centers of special grade and grade I
Urban
centers of grade II and
grade III
Urban
centers of grade IV and
grade V
Minimum
rent
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Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
Rent bracket
19
35
17
31
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28
Table 3.
Official-duty low-rise rent bracket
Unit of calculation:
VND 1,000/m2
Grade of
urban center
Rent
Urban
centers of special grade and grade I
Urban
centers of grade II and
grade III
Urban
centers of grade IV and
grade V
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Maximum
rent
Minimum
rent
Maximum
rent
Minimum
rent
Maximum
rent
Rent bracket
14
25
15
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11
20