STANDING
COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.755/2005/NQ-UBTVQH11
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Hanoi, April
02, 2005
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RESOLUTION
ON SETTLMENT OF CERTAIN CASES OF PROPERTY DURING IMPLEMENTATION
OF PROPERTY MANAGEMENT POLICIES AND SOCIALIST TRANSFORMATION POLCIIES BEFORE
JULY 01, 1991
STANDING
COMMITTEE OF NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist
Republic of Vietnam 1992 which is amended by Resolution No.51/2001/QH10 dated
December 25, 2001 of the 11th National Assembly on the 10th
meeting;
Pursuant to Resolution No.23/2003/QH11 dated
November 26, 2003 of the 11th National Assembly on the property put
under management and put into use by the State during implementation of
property management policies and socialist transformation policies before July
01, 1991;
At the request of the Government,
HEREBY DECIDES:
Chapter 1:
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Article 1. This
Resolution provides for settlement of the following certain
cases:
1. Property whose owners are regulated by
policies specified in Article 2 of Resolution No.23/2003/QH11 dated November
26, 2003 of the 11th National Assembly on the property put under management and
allocated by the State during implementation of policies on property management
and socialist transformation before July 01, 1991 (hereinafter referred to as
"Resolution No.23/2003/QH11) but is not put under management or put into
use by a regulatory agency in reality by the effective date of this Resolution;
2. Property put under management by the State
but not put into use in reality;
3. Property compulsorily purchased by the State
without payment, whether in part or in full;
4. Property requisitioned by the State;
5. The remaining area not affected during
implementation of policies on renovation of property for lease and management
of property of other organizations and individuals.
Article 2. Property
put under management and put into use by the State during implementation of
policies on property management and socialist transformation before July 01,
1991 but not specified herein shall be settled in compliance with regulations
in Article 1 and 2 of Resolution No.23/2003/QH11.
Article 3. For
the purposes of this Resolution, the terms below shall be construed
as follows:
1. ”put under management” means the issuance of
a decision, notice, official dispatch, distrait record, stocktaking record or
another type of document related to the management and for use of the property
by Administrative Committees, Military Management Committees, Resolution
People's Committees, People’s Committees, state management agencies of various
levels, political organizations, state-owned economic organizations and social
organizations.
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Chapter 2:
ACTIONS TAKEN IN CERTAIN
CASES
Article 4. Previous
management policies shall not apply to the property whose the owners are
regulated by policies specified in Article 2 of Resolution
No.23/2003/QH11 but is not put under management or put into use by any
regulatory agency the effective date of this Resolution. Recognition of home
ownership and land use right shall comply with law provisions.
Article 5. The
property put under state management as regulated by policies on property
management and socialist transformation before July 01, 1991 but not put into
use in reality shall be settled as follows:
1. The property shall be no longer under state
management if it is being used by a person who possesses documents proving that
he/she:
a) is the property owner at the time such
property is put under state management;
b) is granted a certificate of home ownership
and land use right by a regulatory agency as per law provisions;
c) is the bona fide buyer or receiver of the
property (as a gift) or person undertaking property conversion;
d) is a lawful inheritor of one of the persons
specified in Point a, b and c this Clause;
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2. For the case in which the property is being
used by a person under lease or borrowing agreement or permission for stay before
the day on which such property is put under state management or being used by a
person who does not possess any of the documents specified in Clause 1 this
Article, the People's Committee of the province shall complete legal procedures
for claiming public ownership of such property. The current users the property
may keep using such property and must exercise their rights and obligations in
compliance with regulations on use of property under public ownership.
Article 6. For
the case in which the property has been compulsorily purchased by the State but
the payment is not yet made, whether in part or in full, the State shall pay
the property owner or his/her inheritor under the following regulations:
1. In case no payment has been made, the State
shall carry out valuation of the property in order to calculate the amount of
money paid. The amount of money paid shall be determined according to the
property's area at the time of compulsory purchase and prices for new
construction of level 2 housing. If the house subject to the compulsory
purchase order is a villa, the prices for new construction of level 2 villa
specified by the provincial People's Committee at the payment time shall be
applied;
2. In case the property has been partially paid
for, the remaining amount of money payable shall be calculated on a percentage
basis. Valuation of property shall be carried out as prescribed in Clause 1
this Article.
Article 7. For
property requisitioned by the State:
1. Houses of family households or individuals
not regulate by policies specified in Article 2 of Resolution No.23/2003/QH11
which have been requisitioned by regulatory agencies for a limited period of
time shall be returned to their owners, except those specified in Article 9
hereof;
2. For the property which has been requisitioned
by the State other than those specified in Clause 1 this Article, the
provincial People's Committee shall complete legal procedures for claiming
public ownership for such property. The current users of such property may keep
using it and must exercise their rights and obligations in compliance with
regulations on use of property under public ownership.
Article 8. Property
without identifiable giver or are will not be put under state management. The
current users of such property shall exercise their rights and obligations as
per law provisions.
Article 9. If
the property specified in Clause 1 Article 7 and Article 8 hereof is being used
for national defense and security, national and public interests, economic
development; demolished for re-construction; provided for other entities for
permanent use or under public ownership; or their ownership have been
transferred to other entities or those under clearance order according to the
planning for urban renewal purpose, their owners or persons recognized to
acquire property ownership shall receive a compensation or financial support
for relocation as per law provisions in case of State’s appropriation of land,
unless otherwise agreed.
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IMPLEMENTATION
Article 10. If,
by the effective date of this Resolution, the owner of the property put under
management or put into use by the State according to Article 2 of Resolution
No.23/2003/QH11 does not have a place to live or have one but the average area
is less than or equal to 6 m2 per capita, the provincial People's
Committee shall provide housing for them to lease or purchase by installment.
Article 11. Funding
for implementing this Resolution shall be provided as
follows:
1. Central government budget shall cover payment
for the property being managed or used by regulatory agencies, political
organizations, socio-political organizations, socio-professional organizations
affiliated to central authorities or those being used or managed for the
purposes of national defense and security, national and public interests by
centrally-affiliated entities;
2. Local government budget shall cover payment
for the property being managed or used by regulatory agencies, political
organizations, socio-political organizations, socio-professional organizations
affiliated to local government authorities or those being used or managed for
the purposes of national defense and security, national and public interests
under management of locally-affiliated entities or property provided for other
entities for stable use by the State or those of which ownership is transferred
to other entities as per law provisions.
If the local government budget mentioned above
is inadequate for the payment, the provincial People’s Committee shall
determine specific amount of funding from central government budget;
3. Project investors shall make payment for
property under the land clearance order for the purpose of economic development
or urban renewal;
4. Social organizations, socio-professional
organizations and economic organizations shall make payment for the property
compulsorily purchased by the State and houses entitled to be returned are
currently under management and use of such organizations.
If social organizations and socio-professional
organizations specified herein do not have adequate funds for payment, they
should request a specific funding amount from central or local government
budget;
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Article 12. Applications for reclaiming houses or payment shall be specified as
follows:
1. The claimant of housing specified in Clause 1
Article7 hereof must have an application form for housing reclaiming with
copies of original documents proving the house is entitled for reclaiming which
are notarized by the State or certified by competent People’s Committee and
documents proving that such house has been requisitioned by the State for a
fixed period.
2. The claimant of payment mentioned in Article
6 hereof shall have send an application form for payment with copies of
documents proving that their property has been compulsorily purchased by the State
without payment or with partial payment which are notarized by the State or
certified by competent People’s Committee.
For persons whose property is mentioned in
Article 9 hereof, the application specified in Clause 1 this Article shall be
used for payment as prescribed in Article 14 hereof.
Article 13. Procedures
for returning houses as specified in Clause 1 Article 7 hereof shall be carried
out as follows:
1. The claimant of housing shall send an
application for housing reclaiming as specified in Clause 1 Article 12 hereof
to housing management authorities affiliated to provincial People's Committees
(hereinafter referred to as "provincial housing management authorities”).
The provincial housing management authority shall check the application and
actual state of the house to be returned and conditions for house reclaiming
specified herein within 90 days from the day on which the satisfactory
application is received;
2. According to the result of inspection of
application and actual state of the house and consent to such result given by
relevant parties, the provincial housing management authority shall request
Chairperson of provincial People's Committee to issue a decision to return the
house to it owners. If the application is accepted, the Chairperson of
provincial People’s Committee shall issue a decision to return the house to its
owner within 30 days from the day on which the request from provincial housing
management authority is received.
The provincial People's Committee shall send a
written response with clear explanation to the applicant if the application is
rejected.
3. The provincial housing management authority
shall return the house to the claimant of housing within 60 days from the day
on which the decision on housing return is issued by Chairperson of provincial
People's Committee. If persons receiving the house are co-inheritors of the
homeowner, the record of house transfer shall be signed by such co-inheritors,
except for the case in which these co-inheritors enter into a written agreement
to appoint a representative to receive the house. Before transferring the
house, the transfer agency shall take back the original document proving such
house has been requisitioned by the State for a fixed term.
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1. The claimant of payment specified in Article
6 hereof shall send an application for payment for house compulsory purchase to
the provincial housing management authority. If such person is entitled to
reclaim the house but such house is not eligible to be returned as specified in
Article 9 hereof, the provincial housing management authority shall use the
application specified in Clause 1 Article 12 hereof to carry out the payment
procedure.
The provincial housing management authority
shall take charge and cooperate with the financial agency affiliated to the
provincial People’s Committee in checking the application for payment and
conditions for receiving payment specified herein and determining the
particular amount of money paid to each person and send a request to the
Chairperson of provincial People's Committee for issuing a payment decision
within 60 days from the day on which the satisfactory application is received;
2. If the applicant is found eligible to claim
the payment, the Chairperson of provincial People’s Committee shall issue a
payment decision within 30 days from the day on which the request from
provincial housing management authority is received. The payment decision shall
specify which agency is responsible for the payment; the provincial People's
Committee shall send a written response with clear explanation to the applicant
if the application is rejected;
3. The agency responsible for the payment shall
make payment to the claimant of payment within 90 days from the day on which
the payment decision is issued from the Chairperson of provincial People's Committee.
It is required to issue an invoice for such payment as per law provisions.
If the money receivers are co-inheritors of the
claimant of payment, the invoice shall be signed by such co-inheritors, except
for the case in which these co-inheritors enter into a written agreement to
appoint a representative to receive the money paid;
4. The agency responsible for the payment shall
take back original documents specified in Article 12 hereof for storage purpose
before making payment;
5. The Government shall specify the particular
amount of funding for payment as prescribed herein.
Article 15. For
property to be adjusted as specified herein but subject to the settlement
decision issued by regulatory agencies before the
effective date of this Resolution, the following actions shall be taken:
1. If the property has been put under settlement
and completely settled in reality by a regulatory agency, it is not required to
apply the regulations specified herein for re-settlement;
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Article 16. Complaints
arising in the course of implementation of regulations herein shall be settled
as follows:
1. Chairpersons of People’s Committees of
districts and provincially-affiliated cities shall handle complaints about the
compliance with regulations herein performed by these People’s Committees
resolve the first time. If the entities concerned dissent from the handling
opinions of the aforesaid Chairpersons, they may send the complaints to
provincial People’s Committees; Decision issued by Chairpersons of these
People’s Committees shall be considered the final decision on complaint
resolution;
2. Chairpersons of provincial People’s
Committees shall resolve complaints about compliance with regulations herein
performed by these People’s Committees for the first time; If the entities
concerned dissent from the opinions of the Chairpersons mentioned above, they
may send the complaints to the Minister of Construction; Decision issued by the
Minister of Construction shall be considered the final decision on complaint
resolution;
3. Complaints specified in Clause 1 and 2 this
Article shall be sent within 60 days from the day on which the first decision
on complaint resolution is received.
4. Complaints specified in Clause 1 and 2 this
Article shall be handled within 30 days from the day on which the complaint
dossier is received by the agency in charge of complaint resolution; If the
Chairperson of People's Committee of district level or provincially-affiliated
city fails to resolve the complaint as prescribed in Clause 1 this Article by
the deadline mentioned above, such complaint may be sent to Chairperson of provincial
People’s Committee; If the Chairperson of provincial People's Committee fails
to handle such complaint within 30 days as specified in Clause 2 this Article,
the complaint may be sent to the Minister of Construction.
The complaint shall be sent to the Minister of
Construction within 30 days from the day on which the previous decisions on
complaint resolution are received.
Article 17. This
Resolution comes into force from the day on which it is signed.
Article 18. The
Government shall provide guidelines for implementation of this Resolution
in a consistent, public and transparent manner and finish such implementation
before July 01, 2009, and send a report on results of implementation of this
Resolution to the Standing Committee of National Assembly.
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Nguyen Van
An
(Signed)