Decree 95/2024/ND-CP detailing a number of articles of the Housing Law

DECREE

Detailing a number of articles of the Housing Law^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 19, 2023 Law on Price;

Pursuant to the November 27, 2023 Housing Law;

Pursuant to the January 18, 2024 Land Law;

Pursuant to the June 29, 2024 Law Amending and Supplementing a Number of Articles of Land Law No. 31/2024/QH15, Housing Law No. 27/2023/QH15, Law No. 29/2023/QH15 on Real Estate Business, and Law No. 32/2024/QH15 on Credit Institutions;

At the proposal of the Minister of Construction;

The Government promulgates the Decree detailing a number of articles of the Housing Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of articles of Housing Law No. 27/2023/QH15 (below referred to as the Housing Law), including:

a/ Clause 3, Article 8 regarding papers proving subjects entitled to and conditions for ownership of houses in Vietnam;

b/ Clause 4, Article 15 regarding responsibilities of housing management agencies and operation management units in the management and use of houses classified as public assets;

c/ Clause 3, Article 19 regarding requirements on areas in need of national defense and security assurance; criteria for determination of population equivalent to that of a ward; quantity of houses that foreign organizations and individuals may own; extension of the house ownership duration; and management of houses of and house ownership by foreign organizations and individuals in Vietnam;

d/ Clause 3, Article 29 regarding contents of and order and procedures for formulation, approval and adjustment, and funds for formulation and adjustment of provincial-level housing development programs and plans; and conformity of contents of housing investment projects with provincial-level housing development programs and plans upon investment policy appraisal;

dd/ Clause 2, Article 34 regarding stages of a housing investment project;

e/ Clause 4, Article 37 regarding dossiers for handover of condominiums;

g/ Clause 3, Article 42 regarding investment policy decision, investment decision and decision on owners for investment projects on construction of official residences;

h/ Clause 5, Article 43 regarding purchase and rent of commercial houses for use as official residences;

i/ Point b, Clause 2, Article 45 regarding subjects entitled to and conditions for rent of official residences, for the cases specified at Points b, c, d, dd, e and g, Clause 1, Article 45 of the Housing Law;

k/ Clause 5, Article 46 regarding determination of official residence rent rates, and order and procedures for rent of official residences;

l/ Clause 2, Article 48 regarding subjects entitled to and conditions for resettlement arrangement; and order and procedures for purchase, rent with the option to purchase, and rent of resettlement houses;

m/ Clause 3, Article 52 regarding placement of orders for and purchase of commercial houses; arrangement of social houses for use as resettlement houses; order and procedures for house handover; and management and use of resettlement houses;

n/ Clause 7, Article 57 regarding development of multi-story, multi-apartment buildings of individuals for sale, lease-purchase or lease;

o/ Clause 2, Article 114 regarding conditions for each form of capital mobilization for housing development;

p/ Clause 3, Article 124 regarding conversion of housing functions;

q/ Clause 4, Article 126 regarding determination of the time of arrangement for use of houses; subjects entitled to and conditions for rent and purchase of houses; sale and lease of houses; determination of rental rates and sale prices for the houses specified at Point d, Clause 1, Article 13 of the Housing Law; determination of prices, and management of proceeds from the lease and sale, of houses classified as public assets; exemption from or reduction of rental or proceeds from sale of the houses specified at Point d, Clause 1, Article 13 of the Housing Law; and management, use and operation of houses classified as public assets;

r/ Clause 3, Article 127 regarding the order and procedures for recovery and coercive recovery of houses classified as public assets;

s/ Clause 3, Article 143 regarding grading of condominiums;

t/ Clause 3, Article 150 regarding conditions on condominium operation management units;

u/ Clause 4, Article 154 regarding coercive handover of maintenance funds of multi-owner condominiums;

v/ Clause 2, Article 160 regarding papers proving conditions for houses to be put into transactions as specified in Clause 2, Article 160 of the Housing Law;

x/ Clause 2, Article 191 regarding transitional provisions;

y/ Clause 5, Article 194 regarding settlement of disputes over management and use of houses classified as public assets.

2. The detailing and guidance of the implementation of a number of articles and clauses of the Housing Law regarding development and management of social houses; condominium renovation and reconstruction; and inspection, examination, and sanctioning of administrative violations in the field of housing, must comply with other Decrees of the Government.

Article 2. Subjects of application

1. Domestic organizations and individuals, overseas Vietnamese, and foreign organizations and individuals involved in the ownership, development, operation management and use of houses and house-related transactions in Vietnam as specified in this Decree.

2. Housing-related state management agencies specified in this Decree.

Chapter II

HOUSE OWNERSHIP

Article 3. Papers proving subjects entitled to and conditions for ownership of houses in Vietnam

1. Papers proving organizations entitled to own houses in Vietnam are specified as follows:

a/ A domestic organization must have an enterprise registration certificate or investment registration certificate or a paper proving its establishment, granted by a competent agency in accordance with law;

b/ A foreign organization that carries out house construction investment under projects in Vietnam must have an investment registration certificate in accordance with the investment law;

c/ A foreign organization other than that specified at Point b, Clause 1 of this Article must have an investment certificate or investment registration certificate or a paper granted by a Vietnamese competent agency permitting its operation or establishment in Vietnam that remains valid by the time of signing housing-related transactions (below collectively referred to as investment registration certificate).

2. Papers proving an individual entitled to own houses in Vietnam are specified as follows:

a/ A Vietnamese citizen must have an identity card or a passport or another paper valid to prove his/her Vietnamese citizenship;

b/ A person of Vietnamese origin residing abroad must have a foreign passport or international travel document in accordance with the law on exit and entry and a paper certifying his/her Vietnamese origin in accordance with the law on citizenship;

c/ A foreign individual must have a foreign passport and a written commitment that he/she is not entitled to diplomatic or consular privileges and immunities.

3. Papers proving conditions for house ownership are specified as follows:

a/ A domestic organization or individual must have a paper proving its/his/her house ownership in one of the forms specified in Clause 2, Article 8 of the Housing Law;

b/ An overseas Vietnamese who is a Vietnamese citizen must have a valid Vietnamese passport that bears the stamp showing his/her entry in Vietnam at the time of house establishment as specified in Clause 2, Article 8 of the Housing Law;

c/ A person of Vietnamese origin residing abroad must have a valid passport that bears the stamp showing his/her entry in Vietnam or an international travel document that bears the control stamp showing his/her entry in Vietnam at the time of entering into a housing-related transaction;

d/ A foreign individual must have a valid passport that bears the stamp showing his/her entry in Vietnam or an equivalent legal paper showing his/her entry in Vietnam at the time of signing a housing-related transaction as specified at Point b or c, Clause 2, Article 17 of the Housing Law.

Article 4. Requirements on areas in need of national defense and security assurance

1. Areas in need of national defense and security assurance as specified in Clause 1, Article 16 of the Housing Law include:

a/ Areas adjacent to key areas that are in need of national defense and security assurance;

b/ Areas adjacent to barracks and headquarters of the armed forces and areas included in master plans on land for national defense and security purposes;

c/ Areas adjacent to head offices or working offices of state administrative agencies and Party agencies of provincial or higher level;

d/ Areas in communes, wards and townships in land or sea borders or on islands in accordance with the law on national defense and security;

dd/ Areas of protection corridors of works important for national security;

e/ Areas where foreigners may not temporarily reside in accordance with the law on foreigners’ entry into, exit from, transit through, and residence in Vietnam.

2. Based on the requirements specified in Clause 1 of this Article, the Ministry of National Defense and Ministry of Public Security have the following responsibilities:

a/ Within 6 months from the effective date of this Decree, the Ministry of National Defense or Ministry of Public Security shall specify areas in need of national defense and security assurance in a province or centrally run city in accordance with the law on protection of state secrets and send a notice thereof to the People’s Committee of the province or centrally run city (below referred to as provincial-level People’s Committee) for use as a basis for drawing up a list of housing investment projects under which foreign organizations and individuals may own houses under Clause 3 of this Article.

Within 15 days after receiving the notice from the Ministry of National Defense or Ministry of Public Security, the provincial-level People’s Committee shall draw up the list of projects mentioned at this Point in order to comply with Clause 3 of this Article;

b/ In case there is a change in an area in need of national defense and security assurance as a result of adjustment of the relevant master plan or as a result of relocation, making the previously notified area no longer in need of national defense and security assurance, within 15 days from the date of issuance of the decision on adjustment of the relevant master plan or from the date of issuance of the relocation decision, the Ministry of National Defense or Ministry of Public Security shall send a notice thereof to the provincial-level People’s Committee for the latter to draw up the list of housing investment projects under which foreign organizations and individuals may own houses under Clause 3 of this Article.

3. Based on the notice of the Ministry of National Defense or Ministry of Public Security specified in Clause 2 of this Article and the competent agency’s investment policy approval document specified in Clause 6, Article 15 of this Decree, the provincial-level People’s Committee shall draw up the list of housing investment projects in the locality under which foreign organizations and individuals may own houses and publicize such list on its portal and, at the same time, send it to the provincial-level housing management agency for posting on the latter’s portal.

4. Within 7 working days after posting the list of projects specified in Clause 3 of this Article, the provincial-level housing management agency shall disclose on its portal the information specified in Clause 1, Article 7 of this Decree.

Article 5. Criteria for determination of population equivalent to that of a ward and quantity of houses that foreign organizations and individuals may own

1. The population determined to be equivalent to that of a ward, regardless of administrative unit level, for use as a basis for determining the quantity of independent houses that foreign organizations and individuals may own under Article 19 of the Housing Law is 10,000 under the relevant master plan approved by a competent agency. The provincial-level planning management agency shall, upon approving a master plan, announce on its portal the population equivalent to that of a ward as specified in this Clause.

2. The quantity of houses under a housing investment project that foreign organizations and individuals may own is as follows:

a/ For an apartment building (including also those built for mixed-use purposes), foreign organizations and individuals may own up to 30% of the total number of apartments for residential purpose of such building. In case an apartment building has multiple units or multiple blocks sharing the same basement, foreign organizations and individuals may own up to 30% of the total number of apartments for residential purpose of each unit or block;

b/ For independent houses, if there is only 1 housing investment project implemented in an area with the population specified in Clause 1 of this Article, foreign organizations and individuals may own up to 250 houses.

In case there are 2 or more housing investment projects in an area specified at this Point, foreign organizations and individuals may own houses in all projects but the quantity of houses must not exceed 250. In case there are multiple housing investment projects in an area with the population specified in Clause 1 of this Article and foreign organizations and individuals already own the quantity of independent houses equal to the law-specified quantity, they may not additionally own independent houses under other projects in such area.

Article 6. Dossiers, order and procedures for extension of the duration of house ownership in Vietnam for foreign organizations and individuals

1. A dossier of request for extension of the duration of house ownership in Vietnam for a foreign organization or individual must comprise:

a/ A written request for extension of the duration of house ownership in Vietnam for a foreign organization or individual, made according to Form No. 01 provided in Appendix I to this Decree;

b/ A certified copy or a copy accompanied with the original for collation of the certificate of land use rights and ownership of houses and land-attached assets or of the house ownership certificate granted in accordance with the 2024 Land Law (below collectively referred to as Certificate);

c/ A copy of the valid passport of the house owner, that bears the stamp showing his/her entry in Vietnam, issued by a competent agency, or an equivalent legal paper showing his/her entry in Vietnam at the time of request (in case the house owner is a foreign individual);

d/ The investment registration certificate with the house owner’s operation duration extended by a Vietnamese competent agency at the time of request (in case the house owner is a foreign organization).

2. The order and procedures for extension of the house ownership duration are as follows:

a/ At least 3 months before the expiration of the house ownership duration, a foreign organization or individual requesting the extension thereof shall send a dossier specified in Clause 1 of this Article by hand-delivery, by post or online to the provincial-level People’s Committee of the locality where the house is located;

b/ Within 30 days after receiving a valid dossier specified in Clause 1 of this Article, the provincial-level People’s Committee shall examine the dossier and, if finding that the dossier still satisfies the requirements on subjects and conditions specified in the Housing Law, issue a written approval of a single extension of the house ownership duration for up to 50 years counting from the date of expiration of the initial house ownership duration stated in the Certificate. In case the house owner is an organization, the house ownership duration shall be extended to be at most equal to the duration stated in the investment registration certificate which has been extended by a Vietnamese competent agency. In case the requester fails to comply with this Point, the provincial-level People’s Committee shall send a notice clearly stating the reason for refusal to approve the extension to the former.

If approving the extension, the provincial-level People’s Committee shall send the written approval to the requester and to the agency competent to grant the Certificate as specified at Point c of this Clause;

c/ Within 15 days after receiving the written approval of extension of the house ownership duration from the provincial-level People’s Committee, the house owner shall submit such written approval enclosed with the dossier of request for registration of changes in the house ownership duration in the Certificate in accordance with the land law.

3. Upon expiration of the initial house ownership duration, if a foreign individual is subject to forced exit or expulsion under a Vietnamese competent agency’s decision, or if a foreign organization is subject to forced termination of operation in Vietnam, he/she/it will not be entitled to extension of the house ownership duration under Clauses 1 and 2 of this Article. On a case-by-case basis, the handling of houses for those not entitled to extension of the house ownership duration must comply with Point dd, Clause 2, Article 20, or Point d, Clause 2, Article 21, of the Housing Law.

Article 7. Management of houses of and house ownership by foreign organizations and individuals in Vietnam

1. Information to be posted on the portal of a provincial-level housing management agency as specified in Clause 4, Article 4 of this Decree includes:

a/ Quantity of houses (including also apartments and independent houses) under each housing investment project in an area that foreign organizations and individuals may own; quantity of apartments in each apartment building, and quantity of independent houses under a project that foreign organizations and individuals may own;

b/ Quantity of houses that foreign organizations and individuals have purchased or rented with the option to purchase and for which they have been granted the Certificate under each housing investment project;

c/ Quantity of independent houses that foreign organizations and individuals may own in case there are multiple housing investment projects involving the construction of independent houses in an area with the population specified in Clause 1, Article 5 of this Decree.

2. The management of sale, lease-purchase or donation of houses for foreign organizations and individuals is as follows:

a/ Before signing contracts for purchase/sale, lease-purchase or donation of houses, the project owner, or the donor or seller of houses to foreign individuals and organizations, shall check information on the portal of the provincial-level housing management agency of the locality where the housing investment project is implemented. The project owner or house seller may only sell or lease-purchase, and the house donor may only donate, houses to foreign organizations and individuals in the law-specified quantity;

b/ Within 3 working days from the date of signing a contract on purchase/sale, lease-purchase or donation of a house, the project owner, or the donor or seller of the house to a foreign organization or individual, shall notify information (by email and in paper form) about the name of the purchaser and address of the house to the provincial-level housing management agency of the locality where the house is located for posting on the latter’s portal. Within 3 working days after receiving information from the house seller, lessor or donor, the provincial-level housing management agency shall check and post it on its portal.

c/ Before granting a Certificate to a foreign organization or individual, the agency competent to grant the Certificate shall check information posted by the provincial-level housing management agency.

Within 3 working days after granting the Certificate to the foreign organization or individual, the agency competent to grant the Certificate shall notify (by email and in paper form) information about the house, for which the Certificate has been granted, to the provincial-level housing management agency for posting on the latter’s portal.

3. All house purchase/sale, lease-purchase and donation transactions of foreign organizations and individuals involving the quantity of houses exceeding the quantity that foreign organizations and individuals may own under Article 19 of the Housing Law or transactions of purchase, rent with the option to purchase or donation of houses under housing investment projects under which foreign organizations and individuals may not own houses are regarded as legally invalid and ineligible for grant of the Certificate by competent agencies. The house seller or lessor shall pay compensation to the purchaser or lessee-purchase.

4. Provincial-level housing management agencies, project owners, house sellers, house donors, and agencies competent to grant the Certificate shall be held responsible before law for failure to promptly notify and post the information specified in Clause 2 of this Article, and shall pay compensation to the sufferers of damage caused by delayed information notification or posting.

5. The reporting on the situation of house ownership by foreign organizations and individuals in Vietnam is as follows:

a/ The Certificate-granting agency shall send reports on grant of the Certificate to foreign organizations and individuals, made according to Form No. 02 provided in Appendix I to this Decree, enclosed with a copy of the Certificate, to the Ministry of Construction and Ministry of Natural Resources and Environment for monitoring and management;

b/ The provision of information and data on grant of house ownership certificates to foreign organizations and individuals must comply with the real estate business law’s provisions on provision of housing information and data.

Article 8. Papers proving conditions for houses to be put into transaction in the absence of a house ownership certificate

1. For transactions on purchase/sale or lease-purchase of houses under housing investment projects, it is required to have papers proving the houses’ eligibility to be put into business, specifically as follows:

a/ In case a person entitled to resettlement arrangement purchases or rents with the option to purchase a future house for resettlement purpose, such house must have papers proving its eligibility to be put into business in accordance with the law on real estate business, except the requirement to have a notice of the house’s eligibility to be put for sale or lease-purchase issued by the provincial-level state management agency in charge of real estate business.

In case of purchase/sale or rent with the option to purchase of an available resettlement house, such house must have papers on acceptance testing of the house for being put into use in accordance with the construction law;

b/ In case of purchase/sale or rent with the option to purchase of a social house or house for the people’s armed forces, such house must have papers proving its eligibility for being put into transaction in accordance with the regulations on social housing development and management.

2. For transactions of purchase/sale or rent with the option to purchase of future houses not under housing investment projects, it is required to have papers certifying land use rights in accordance with the land law and construction permits, if required, under the construction law. In case a construction permit is not required, it is required to have a paper proving investment in the construction of such houses.

3. For transactions of purchase/sale and rent of houses classified as public assets specified at Point d, Clause 1, Article 13 of the Housing Law, it is required to have papers showing such houses’ eligibility to be put for lease or sale under Article 63 or 69 of this Decree.

4. For transactions on donation of gratitude houses, charity houses or great solidarity houses, the donors must have papers proving the construction of houses for donation.

5. For transactions on mortgage of future houses of owners of housing investment projects, it is required to have papers proving the houses’ eligibility to be put for mortgage specified at Point a, Clause 1, Article 184 of the Housing Law, papers proving completion of the construction of the foundation of such houses in accordance with the construction law, and papers proving that the houses put for mortgage are not under part or the whole of a project put for mortgage by the project owner, or papers proving mortgage release, in case of mortgage.

In case organizations and individuals mortgage future houses, they must have the papers specified at Point c, Clause 1, Article 184 of the Housing Law.

6. In case of lease, lending, lending for use as temporary residence, or management authorization of a house (except the case of of lease of houses classified as public assets as specified at Point d, Clause 1, Article 13 of the Housing Law), the party conducting the lease, lending, lending for use as temporary residence, or management authorization of the house shall sign a house purchase/sale or lease-purchase contract with the owner of the housing investment project if it purchases or rents with the option to purchase the house from the project owner. In case of transfer of purchase/sale contract, it is also required to have a document on transfer of house purchase/sale contract made in accordance with the law on real estate business.

In case of self-investment in house construction, it is required to have a construction permit or a paper proving the house ownership in accordance with the civil law and land law.

7. In case of house inheritance, the following papers are required:

a/ In case of inheritance of a house intended for donation, it is required to have papers proving the donor’s house ownership;

b/ In case of inheritance of a house acquired through purchase or rent with the option to purchase, it is required to have a lawful contract on house purchase/sale or lease-purchase, enclosed with papers proving house ownership or proving investment in house construction of the seller or lessor;

c/ In case of inheritance of a newly built house, it is required to have a construction permit and papers proving the bequeather’s land use rights in accordance with the land law;

d/ In case of inheritance of a house under a people’s court’s ruling, it is required to have a legally effective judgment or ruling of the people’s court;

dd/ Other supporting papers in accordance with the regulations on inheritance.

8. For transactions on sale of houses of dissolved or bankrupt organizations, it is required to have resolutions or decisions on dissolution of such organizations or competent agencies’ notices of dissolution of organizations owning such houses. In case of bankruptcy, it is required to have rulings of people’s courts declaring bankruptcy for organizations owning such houses.

Chapter III

SPECIFIC PROVISIONS ON PROVINCIAL-LEVEL HOUSING DEVELOPMENT PROGRAMS AND PLANS

Article 9. Contents of provincial-level housing development programs and plans

1. Contents of a provincial-level housing development program include:

a/ Bases for the formulation of a provincial-level housing development program as specified in Clause 1, Article 26 of the Housing Law;

b/ Evaluation of actual state of each type of houses in terms of construction floor area, such as houses to be developed under projects as specified in Clause 1, Article 31 of the Housing Law and houses built by individuals themselves; and quality of independent houses and condominiums in urban areas and rural areas;

c/ Evaluation of actual state of houses for which support has been provided under national target programs on housing or public investment programs on housing (social houses, houses for the people’s armed forces, official residences, resettlement houses, and condominium renovation and reconstruction), and the situation of the housing market in the locality;

d/ Analysis and evaluation of results of the achievement of the targets set in the previous program period; and identification of shortcomings, difficulties and obstacles and causes thereof;

dd/ Projected total demand for increased house floor construction area, demand for house construction floor area of each group of beneficiaries of the social housing support policy, each type of houses developed under projects; projected land area for development of houses under projects (projects on social houses; houses for the people’s armed forces; resettlement houses; and official residences of central agencies, official residences of localities; and projects on condominium renovation and reconstruction);

e/ Determination of general objectives consistent with objectives of the national housing development strategy and local socio-economic development objectives; determination of specific targets based on the contents specified at Point b, Clause 2, Article 24 of the Housing Law, and other objectives based on local socio-economic development objectives;

g/ Projected floor area for construction of houses to be completed and put into use, for each type of houses developed under projects; determination of norms of per-head house floor construction area in urban areas, rural areas and in the whole province, and per-head minimum house floor construction area;

h/ Determination of the demand for state budget funds for housing development (if any) in each planning period, clearly stating central budget funds, local budget funds and other funding sources, prioritizing allocation of funds for development of different types of houses under the national target program on housing.

In case the housing demand stated in the program mentions the proposal on use of public investment funds for housing development, in the course of formulating the program, the provincial-level People’s Committee shall propose inclusion of such funding source in the medium-term public investment plan for the subsequent period in accordance with the law on public investment;

i/ Identification of areas planned for housing development under projects in the district-level administrative area on the basis of areas planned for development of residential areas or residential units in the general master plan on urban areas and areas planned for organization of residential area space in the approved general master plan on commune construction;

k/ Other contents specified in Clause 1, Article 27 of the Housing Law.

2. Contents of a provincial-level housing development plan include:

a/ Bases for formulation of a provincial-level housing development plan as specified in Clause 2, Article 26 of the Housing Law;

b/ Evaluation of actual state of each type of houses developed under projects, results of the implementation of the previous period’s housing development plan; and identification of shortcomings, difficulties and obstacles and causes thereof;

c/ Projected floor area for construction of houses to be completed and put into use (including commercial houses, social houses, houses for the people’s armed forces, resettlement houses, official residences, houses under the national target programs, and houses built with public investment funds), and quantity of houses of various types under housing investment projects expected to be completed in the plan period;

d/ Projected time of investment policy approval for projects, and project implementation schedule, on the basis of evaluation of actual state of houses, housing supply-demand balancing capacity, urbanization speed and capacity to meet transport and social infrastructure requirements in the area expected for project implementation at the time of plan formulation;

dd/ Determination of norms of per-head house floor construction area;

e/ Condominium renovation and reconstruction plan (if any), including the contents specified in Article 66 of the Housing Law;

g/ Demand for funding sources determined in the plan, including state budget funds and other funding sources for housing development;

In case the plan involves the use of public investment funds for housing development, the provincial-level People’s Committee shall clearly identify the source of public investment funds in the plan period, ensuring conformity with the approved local medium-term public investment plan (if any);

h/ Other contents specified in Clause 2, Article 27 of the Housing Law.

3. Provincial-level People’s Committees shall formulate and approve housing development programs and plans based on the outline specified in Forms No. 01 and No. 02 provided in Appendix II to this Decree.

Article 10. Order and procedures for formulation, approval and adjustment of provincial-level housing development programs

1. The order and procedures for formulation and approval of a provincial-level housing development program are as follows:

a/ The provincial-level housing management agency shall make a proposal on formulation of a provincial-level housing development program and send it to the provincial-level People’s Committee for consideration and approval. Such proposal must include a detailed outline, estimated funds for program formulation, program formulation progress, and program formulation method, i.e., the agency will formulate the program by itself or hire a consultancy unit experienced in formulation of housing development programs and plans to formulate the program;

b/ Within 45 days after receiving the proposal from the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve the proposal;

c/ Based on the provincial-level People’s Committee’s approval, in case of taking charge of formulating the program, the provincial-level housing management agency shall organize the formulation of the program according to the approved schedule. In case of hiring a consultancy unit to formulate the program, the provincial-level housing management agency shall organize bidding to select a consultancy unit in accordance with the bidding law.

In the course of formulating a housing development program, the People’s Committee of the concerned rural district, urban district, town, provincial city or municipal city (below collectively referred to as district-level People’s Committee) and related local agencies shall coordinate with the provincial-level housing management agency and consultancy unit in organizing surveys, summarize and provide data, and formulate the housing development program;

d/ After completing the formulation of the draft housing development program, the provincial-level housing management agency shall send a consultation request to the district-level People’s Committee and local functional agencies and related organizations.

Within 15 days after receiving the consultation request from the provincial-level housing management agency, the consulted agencies and organizations shall send a written reply to the provincial-level housing management agency;

dd/ Within 45 days after receiving written comments from the consulted agencies and organizations, the provincial-level housing management agency shall complete and revise the contents of the draft housing development program, make and send a report thereon to the provincial-level People’s Committee for consideration and submission to the same-level People’s Council for approval.

A dossier to be submitted to the provincial-level People’s Committee must comprise: a report made by the provincial-level housing management agency, the draft housing development program, a report on explanation of comments received from the consulted agencies and organizations, the draft report of the provincial-level People’s Committee to be submitted to the provincial-level People’s Council for approval, and the provincial-level People’s Council’s draft resolution approving the housing development program.

Contents to be submitted to the People’s Council for approval include housing development objectives and targets; demand for capital for housing development; projected land area for development of social houses, houses for the armed forces, resettlement houses, official residences, and condominium renovation and reconstruction projects (if any), and solutions to implement the housing development program;

e/ Within 15 days after the provincial-level People’s Council approves the housing development program, the provincial-level People’s Committee shall issue a decision approving the provincial-level housing development program and post such program on its portal and, at the same time, send it to the provincial-level housing management agency for posting on the latter’s portal, and send the program to the Ministry of Construction for monitoring.

2. The order and procedures for adjustment of a provincial-level housing development program are as follows:

a/ Based on Clause 1, Article 28 of the Housing Law, the provincial-level housing management agency shall make a report on proposal on adjustment of a housing development program and send it to the provincial-level People’s Committee for consideration and approval. Such report must have the following contents: detailed outline, estimated funds for adjustment of the program, adjustment progress, and expected unit or agency to take charge of the adjustment;

b/ The order of adjustment of a provincial-level housing development program must comply with Clause 1 of this Article;

c/ The time limit for making and approval of adjustments to a housing development program is 12 months from the date of occurrence of one of the bases specified in Clause 1, Article 28 of the Housing Law.

In case the locality has approved the housing development program but such program does not include targets of housing development for the people’s armed forces or already includes such targets but the Ministry of National Defense or Ministry of Public Security proposes adjusting such targets, the provincial-level People’s Committee shall report such to the same-level People’s Council for the latter to add or adjust such targets in the housing development program. The addition or adjustment of such targets may be carried out only once throughout the period of the approved program.

3. Before June 30 of the last year of the program’s period, the provincial-level People’s Committee shall organize the formulation and approval of a housing development program for the subsequent period.

4. Annually, provincial-level People’s Committees shall evaluate the implementation of provincial-level housing development programs in order to take effective solutions and report evaluation results to the Ministry of Construction.

Article 11. Order and procedures for formulation, approval and adjustment of provincial-level housing development plans

1. The order and procedures for formulation and approval of a provincial-level housing development plan are as follows:

a/ The provincial-level housing management agency shall make a request for formulation of a provincial-level housing development plan and send it to the provincial-level People’s Committee for consideration and approval. Such request must have the following contents: detailed outline, fund estimates for formulation of the plan, plan formulation progress, and plan formulation method, i.e., such agency will formulate the plan by itself or hire a consultancy unit experienced in formulation of housing development programs and plans to formulate the plan.

For the formulation of a housing development plan for the first 5 years of the period of a housing development program, within 15 days after the provincial-level People’s Committee approves the housing development program, the provincial-level housing management agency shall make a proposal under this Point and send it to the provincial-level People’s Committee for consideration and approval.

For the formulation of a housing development plan for the subsequent 5 years of the period of a housing development program, the provincial-level housing management agency shall make a proposal on formulation and send it before June 30 of the last year of the plan’s previous period to the provincial-level People’s Committee for consideration and approval;

b/ Within 30 days after receiving the request from the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve the proposal for formulation of the provincial-level housing development plan;

c/ Based on the provincial-level People’s Committee’s approval, in case of taking charge of formulating the housing development plan, the provincial-level housing management agency shall organize the plan formulation according to the approved schedule. In case of hiring a consultancy unit to formulate the plan, the provincial-level housing management agency shall organize bidding to select a consultancy unit in accordance with the bidding law.

In the course of formulating a housing development plan, the district-level People’s Committee and related local agencies shall coordinate with the provincial-level housing management agency and consultancy unit in organizing surveys; summarize and provide data; and formulate the housing development plan. In case the plan involves the use of public investment funds for implementation of housing investment projects, the plan’s contents must indicate the list of projects using public investment funds, money amounts to be allocated and disbursement phases in the plan period in order to consult the provincial-level planning and investment agency.

d/ After completing the formulation of the draft housing development plan, the provincial-level housing management agency shall send a consultation request to the agencies and organizations specified at Point c of this Clause.

Within 15 days after receiving the consultation request from the provincial-level housing management agency, the consulted agencies shall send a written reply to the provincial-level housing management agency;

dd/ Within 30 days after receiving written comments from the consulted agencies, the provincial-level housing management agency shall coordinate with the consultancy unit (if any) in completing contents of the draft housing development plan, and send a request for approval of the plan to the provincial-level People’s Committee for consideration and approval;

e/ Within 15 days after receiving the request from the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve the housing development plan.

Within 5 working days after issuing the approval decision, the provincial-level People’s Committee shall post the housing development plan on on its portal and send it to the provincial-level housing management agency for posting on the latter’s portal and send it to the Ministry of Construction for  monitoring;

g/ Before December 31 of the last year of the plan period, the provincial-level People’s Committee shall organize the formulation and approval of a housing development plan for the subsequent period.

2. The order and procedures for adjustment of a provincial-level housing development plan are as follows:

a/ Based on one of the bases specified in Clause 3, Article 28 of the Housing Law, the provincial-level housing management agency shall make and send a proposal to the provincial-level People’s Committee for consideration and approval. Such proposal must have the following contents: implementation plan, detailed outline, and fund estimates for plan adjustment, which must clearly state the necessity of the adjustment;

b/ After the provincial-level People’s Committee approves the proposal, the order and procedures for adjustment of the housing development plan must comply with Clause 1 of this Article;

c/ The time limit for formulation and approval of the adjustment of a provincial-level housing development plan is 6 months from the date of occurrence of one of the bases specified in Clause 3, Article 28 of the Housing Law.

In case the to-be-adjusted housing development plan has a content on increase of public investment funds for housing development, the provincial-level People’s Committee shall, before adjusting the plan, report such increase to the same-level People’s Council for consideration and decision in accordance with the law on public investment.

After the locality has added norms of housing development for the armed forces to its housing development program but such norms are not yet included in the housing development plan, the Ministry of National Defense or Ministry of Public Security shall request the provincial-level People’s Committee to consider and decide to add these norms to the housing development plan. The adjustment and addition of these norms may be carried out only once throughout the period of the approved housing development plan.

Article 12. Funds for formulation and adjustment of provincial-level housing development programs and plans

1. Funds for formulation and adjustment of provincial-level housing development programs and plans are as follows:

a/ The provincial-level housing management agency shall assume the prime responsibility for, and coordinate with the same-level finance agency in, preparing a proposal on funds for formulation and adjustment of housing development programs and plans and clearly state in the request on proposal on formulation and adjustment of programs and plans to be submitted to the provincial-level People’s Committee for approval;

b/ Funds for formulation of housing development programs and plans shall be allocated from the provincial budget’s funds for recurrent expenditures, including the expenses specified in Clause 2 of this Article. Funds for adjustment of housing development programs and plans must comply with Clause 3 of this Article;

c/ Based on the proposal of the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve funds for formulation and adjustment of housing development programs and plans together with approval of the proposal for formulation and adjustment of provincial-level housing development programs and plans.

2. Funds for formulation of housing development programs and plans include:

a/ Expenses for experts of units and organizations assigned to formulate housing development programs and plans;

b/ Travel and accommodation expenses for experts of units and organizations assigned to formulate housing development programs and plans;

c/ Expenses for organizing bidding for selection of consultancy units (if any); expenses for program/plan formulation management by provincial-level housing management agencies in case of hiring consultancy units; and management expenses for consultancy units in case of hiring consultancy units;

d/ Payable tax amounts as specified by law, and taxable incomes in case of hiring consultancy units;

dd/ Expenses for organizing meetings and conferences, collecting comments, and announcing housing development programs and plans in accordance with the Ministry of Finance’s regulations on expenses for conferences; expenses for stationery, procurement and rent of equipment serving the formulation of housing development programs and plans (if any).

3. Funds for adjustment of housing development programs and plans shall be based on the adjusted contents and tasks to be performed upon the adjustment of housing development programs and plans; fund estimates shall be made according to the forms specified in Clause 4 of this Article.

4. Fund estimates for formulation and adjustment of housing development programs and plans are as follows:

a/ Fund estimates for formulation and adjustment of housing development programs shall be made according to Form No. 03 provided in Appendix II to this Decree;

b/ Fund estimates for formulation and adjustment of housing development plans shall be made according to Form No. 04 provided in Appendix II to this Decree;

5. The payment and final settlement of funds for formulation and adjustment of housing development programs and plans specified in this Article must comply with the law on the state budget.

Chapter IV

CONSTRUCTION INVESTMENT STAGES OF HOUSING INVESTMENT PROJECTS

Section 1

STAGE OF PREPARATION OF HOUSING INVESTMENT PROJECTS

Article 13. Proposing a housing investment project upon the performance of procedures for requesting investment policy approval or decision

1. For a housing investment project using public investment funds as specified at Point a, Clause 1, Article 113 of the Housing Law, the agency/unit assigned to prepare the project shall prepare a prefeasibility study report or project investment policy proposal report in accordance with the law on public investment.

2. For a housing investment project using the funding sources specified at Point b, Clause 1, Article 113 of the Housing Law, the agency/organization assigned by the investment decider shall make an investment project proposal.

3. For a housing investment project using the funding sources other than those specified in Clauses 1 and 2 of this Article, the investor or the assigned agency/unit shall make an investment project proposal to be included in the dossier of request for investment policy approval.

4. In case the construction law requires the preparation of a prefeasibility study report on construction investment in a housing investment project, the investor may submit a prefeasibility study report instead of an investment project proposal.

Article 14. Construction master plans and urban master plans for implementation of housing investment projects

1. A housing investment project shall be implemented after a detailed master plan or a detailed master plan on construction made according to fast-track procedures (below collectively referred to as detailed master plan) is approved by a competent agency in accordance with the planning law.

2. Planning requirements for implementation of housing investment projects are as follows:

a/ In case of auction of land use rights for implementation of housing investment projects, the auction shall be held after a detailed master plan on the scale of 1:500 is approved by a competent agency;

b/ In case of bidding for selection of investors for implementation of land-using projects, the bidding shall be held after a detailed master plan or zoning master plan on the scale of 1:2,000 is approved by a competent agency;

c/ In case the investment policy is approved concurrently with investor approval, after an investor is approved by the agency competent to approve investment policy concurrently with investor approval to act as the project owner, the project owner shall formulate and submit the project’s detailed master plan on the scale of 1:500 to a competent agency for approval, except cases in which a detailed master plan has been approved for the project area.

3. The formulation, appraisal, approval and adjustment of master plans for implementation of housing investment projects must comply with the planning law.

In the course of formulation and approval of a construction master plan or an urban master plan, the master plan-appraising agency shall consult the Ministry of National Defense and Ministry of Public Security on areas in need of national defense and security assurance as specified in Article 4 of this Decree, which shall give their opinions within 15 days after receiving the consultation request.

Article 15. Decision on, approval and adjustment of, investment policy for housing investment projects

1. For housing investment projects using public investment funds, the investment policy decision and adjustment must comply with the law on public investment, except the case specified in Clause 2 of this Article.

2. The investment policy decision or adjustment for investment projects on construction of official residences or projects on purchase of commercial houses for use as official residences must comply with Articles 42 and 43 of the Housing Law, the construction law and other relevant specialized laws; the order and procedures for investment policy decision and adjustment must comply with Articles 26 and 28 of this Decree.

3. For housing investment projects other than those specified in Clauses 1 and 2 of this Article, investment policy approval and adjustment must comply with the investment law.

4. Dossiers, procedures and competence to approve and adjust investment policy for housing investment projects specified in Clause 3 of this Article must comply with the investment law.

5. The agency in charge of appraisal and approval of investment policy for a project specified in Clause 3 of this Article shall send a request to the same-level housing management agency for seeking the latter’s appraisal opinions on the contents specified by the investment law and the following contents:

a/ Name of the project; name of the project area (if any) in accordance with the housing law; name of the project owner in case the investment policy is approved concurrently with investor approval;

b/ Investment objectives, location and scale of the project, and its land area reserved for house construction;

c/ Conformity of proposed housing contents with contents of the approved housing development program or plan, including: suitability of the project location with the area expected for housing development under projects in the district-level administrative area where the project is implemented; preliminary information on floor construction area for different types of houses under the project (commercial houses, social houses, resettlement houses, official residences) compared to that of other housing projects implemented in the same area and in the same period of the housing development program or plan, ensuring that these criteria do not exceed those set in the housing development program or plan. For a project specified at Point c,
Clause 1, Article 27 of the Housing Law, it is required to evaluate its conformity with the criterion on expected land area for housing development under the project of the housing development program;

In case a housing project is constructed between 2 housing development plan periods but in the same housing development program period, it is required to preliminarily state the housing area expected to be completed according to the phases of such 2 periods;

d/ Preliminary evaluation of the project’s product business plan, including also the transfer of land use rights in the form of division of land plots for sale for individuals to build houses by themselves (if any);

dd/ Division of the project into component projects (if any), responsibilities for and progress of investment in the construction of the project’s technical and social infrastructure systems.

6. In addition to the contents specified in Clause 5 of this Article, the agency in charge of the appraisal shall also consult the Ministry of National Defense or Ministry of Public Security on determination of whether or not a project is in an area in need of national defense and security assurance, for use as a basis for inclusion in contents subject to investment policy approval so as to determine whether or not the project falls into the case in which foreign organizations and individuals may own houses.

7. In case the adjustment of investment policy for housing investment projects specified in Clause 3 of this Article involves the adjustment of contents specified in Clause 5 of this Article, the agency in charge of the appraisal shall send a request to the same-level housing management agency for seeking the latter’s appraisal opinions on such contents.

Article 16. Housing investment project owners

1. Owners of housing investment projects using the funding sources specified in Clause 1, Article 113 of the Housing Law shall be determined in accordance with the construction law and law on public investment.

2. Owners of housing investment projects using funding sources other than those specified in Clause 1 of this Article shall be selected in one of the following forms:

a/ Auction of land use rights in accordance with the land law;

b/ Bidding for selection of investors for implementation of land-using projects in accordance with the bidding law;

c/ Approval of investors in case of unsuccessful auction in accordance with the Land Law or in case only one investor satisfies the conditions for invitation for expression of interest if the relevant specialized law requires determination of the number of investors expressing interest when carrying out procedures for investor selection;

d/ Approval of investment policy concurrently with approval of an investor to act as the project owner when the investor acquires land use rights through an agreement on receipt of land use rights or currently has land use rights for the type of land on which it is permitted to implement housing investment projects in accordance with the land law.

3. The determination of the owner of a housing investment project specified in Clause 2 of this Article is as follows:

a/ For the case specified at Point a, Clause 2 of this Article, the competent agency’s decision approving the land use rights auction-winning result serves as a document on determination of the project owner;

b/ For the case specified at Point b, Clause 2 of this Article, the competent agency’s decision approving the winning bid result for selection of an investor to implement the land-using project serves as a document on determination of the project owner;

c/ For the case specified at Point c, Clause 2 of this Article, the investor approval document under the investment law serves as a document on determination of the project owner;

d/ For the case specified at Point d, Clause 2 of this Article, the document on investment policy approval concurrently with investor approval under the investment law serves as a document on determination of the project owner.

4. In case investment policy is approved for multiple investors engaged in construction of commercial houses under the investment law, these investors may authorize one of them that is eligible or establish an enterprise or a cooperative that is eligible to act as the project owner in accordance with the housing and land laws. The authorization for acting as the owner of a housing investment project specified in this Clause shall be carried out through an authorization contract, which must clearly state the rights and responsibilities of the contracting parties.

Article 17. Land allocation, land lease and land repurposing for implementation of housing investment projects

1. The land allocation, land lease or land repurposing for implementation of housing investment projects must comply with the land law after project owners are selected under Points a, b and c, Clause 2, Article 16 of this Decree.

2. For the case specified at Point d, Clause 2, Article 16 of this Decree in which there is a land area subject to repurposing, the project owner shall request the competent agency to repurpose the land in accordance with the land law. The determination of land use levy and land rental and the fulfillment of financial obligations for the repurposed land area must comply with the land law.

3. Dossiers, order, procedures and competence for land allocation, land lease and land repurposing, and determination of land use levy and land rental must comply with the land law.

Article 18. Other relevant procedures in the stage of project investment preparation

1. After being selected under Article 16 of this Decree, the project owner shall carry out relevant procedures, such as making agreements on infrastructure connection, making environmental protection commitments in case such commitments are required, and implementing fire protection solutions in accordance with the law on fire prevention and fighting, and other relevant procedures specified by law.

In case no detailed master plan is approved for the project, the project owner shall formulate and submit a detailed master plan for the project to a competent authority for appraisal and approval in accordance with the planning and construction laws.

2. Depending on the nature of the project and specific conditions, the project owner may carry out the procedures specified in this Article in different steps or simultaneously, ensuring compliance with the order and procedures specified by the construction and land laws and relevant laws.

Article 19. Formulation, appraisal and approval of construction investment projects

1. Housing investment project owners shall make and submit feasibility study reports for their projects to competent agencies for appraisal in accordance with the construction law, except cases in which it is only required to make techno-economic reports on construction investment.

2. Based on results of the feasibility study report appraisal by specialized agencies in charge of construction, investment deciders or project owners shall approve construction investment projects.

3. After a project is approved, if there is a proposal for project adjustment and there are contents requiring adjustment of investment policy under the investment law, it is required to carry out procedures for investment policy adjustment before the project’s contents are adjusted.

Section 2

STAGE OF IMPLEMENTATION OF HOUSING INVESTMENT PROJECTS

Article 20. Formulation, appraisal and approval of construction designs

1. Based on the housing investment project approved under Article 19 of this Decree, the project owner shall formulate and approve the tasks of survey, ground preparation, mine clearance (if any) and construction survey in order to make a project construction design in accordance with the construction law.

2. Steps of making construction designs and organizing the formulation, appraisal and approval of construction designs of housing investment projects must comply with the construction law and satisfy the requirements on designing and installation of telecommunications and information infrastructure systems in accordance with the law on telecommunications.

Article 21. Construction licensing

1. After approving designs to be implemented after basic designs, project owners shall carry out procedures for applying for a construction permit in accordance with the construction law, in case such permit is required.

2. Dossiers, order and procedures, time and competence for grant of construction permits for housing investment projects must comply with the construction law.

Article 22. Construction and purchase/sale or lease-purchase of future houses and construction works

1. After being granted a construction permit, the project owner shall send a notice of construction commencement to the local management agency in charge of construction in accordance with the construction law.

2. The construction of projects must comply with the construction law and relevant laws.

3. The purchase/sale or lease-purchase of future houses and construction works under projects must comply with the housing law and law on real estate business.

4. Based on the project implementation schedule and requirements of the provincial-level People’s Committee specified at Point m, Clause 1, Article 93 of this Decree, the project owner shall clearly state in land use rights transfer contracts the time limit for individuals who acquire land use rights in the form of division of land plots for sale under projects permitted for division of land plots for sale to complete the construction of houses. Past this time limit, if such individuals have yet to build houses, they shall be handled in accordance with the law on sanctioning of administrative violations in the fields of construction, housing and real estate business. Project owners shall supervise the house construction by individuals based on contents of approved projects and signed contracts.

Article 23. Acceptance testing of completion of construction works

1. The project owner shall coordinate with the contractor and related units in organizing acceptance testing of the construction work in each stage and the entire work under the project, and make the dossier on completion of the construction work in accordance with the construction law.

2. Dossiers, order, procedures and time of acceptance testing of completion of construction works for being put into use, responsibilities for and organization of acceptance testing of houses and works under housing investment projects must comply with the construction law and relevant laws.

Section 3

STAGE OF COMPLETION OF HOUSING INVESTMENT PROJECTS

Article 24. Stage of completion of housing investment projects

1. Housing works and other construction works under a housing investment project may be handed over and put into use only after they have undergone acceptance testing of completion in accordance with the construction law. The handover of condominiums must also comply with Article 25 of this Decree.

For urban centers, the handover of urban infrastructure must comply with the construction law and law on urban management and development.

2. The project owner shall carry out final settlement of the construction contract and completed project, certify the completion of the construction work, provide warranty for the construction work, hand over relevant documents, and perform other necessary jobs in accordance with the construction law.

3. Depending on type of project, the auditing, verification and approval of the final settlement of work construction investment capital and evaluation of work construction investment must comply with law.

4. The project owner shall carry out procedures for a competent agency to grant a Certificate in accordance with the land law, unless the house/work owners carry out by themselves procedures for applying for a certificate.

5. Dossiers, order, procedures and competence for carrying out the steps in the stage of project completion must comply with the construction, investment monitoring and evaluation, land and tax laws, and relevant laws.

6. The conversion of functions of houses after they have undergone acceptance testing and been put into use must comply with Chapter IX of this Decree.

Article 25. House handover

1. The handover of technical and social infrastructure facilities and handover of houses under housing investment projects must comply with the construction law, housing law, and law on urban management and development.

2. The handover of apartments to purchasers or lessees-purchase may be carried out only after completion of the acceptance testing of apartment buildings and technical infrastructure facilities in areas where these buildings are located according to the schedule stated in approved projects in accordance with the construction law. In case the project owner is obliged to build social infrastructure facilities to meet the residential demand based on contents of project investment policy approval, it shall complete the construction and acceptance testing of such facilities according to approved project contents and schedule before handing over the apartments.

3. Before handing over apartments to purchasers or lessees-purchase, the project owner shall prepare 1 dossier that must comprise:

a/ A record of acceptance testing of the completion of the apartment building and acceptance testing of social and technical infrastructure facilities following the project schedule in accordance with the construction law;

b/ A document on approval of results of the acceptance testing of fire protection equipment for the apartment building in accordance with the law on fire prevention and fighting;

c/ A notice of approval of results of the acceptance testing carried out by the specialized agency in charge of construction for the apartment building in accordance with the construction law;

d/ Drawings of the parking area’s plan made by the project owner based on the project documents and construction design appraised by a competent agency, clearly indicating the parking area for condominium owners and users (including shared-use parking spaces, and car parking spaces) and public parking areas.

4. Project owners shall publicize dossiers specified in Clause 3 of this Article to purchasers or lessees-purchase of apartments before handing over apartments. The handover of houses must be stated in written records enclosed with legal papers related to the houses put for purchase/sale or lease-purchase.

Chapter V

DEVELOPMENT, MANAGEMENT AND USE OF OFFICIAL RESIDENCES

Section 1

ORDER AND PROCEDURES FOR INVESTMENT IN THE CONSTRUCTION OF OFFICIAL RESIDENCES

Article 26. Dossiers and procedures for investment policy decision for investment projects on construction of official residences

1. A dossier of request for investment policy decision for an investment project on construction of official residences must comprise:

a/ A written request for the project’s investment policy decision, made according to Form No. 01 provided in Appendix III to this Decree;

b/ The project’s prefeasibility study report (for projects subject to investment policy decision by the Prime Minister);

c/ Other relevant documents (if any).

2. The order and procedures for investment policy decision for an investment project on construction of official residences are as follows:

a/ For a project subject to the Prime Minister’s investment policy decision, the Ministry of Construction shall assign the housing management agency under its management to prepare the request and dossier specified in Clause 1 of this Article, and send a consultation request to the central-level state management agency in charge of public investment in accordance with the law on public investment. After obtaining opinions of the consulted agency, the Ministry of Construction shall complete the dossier and report thereon to the Prime Minister for the latter to set up an interdisciplinary appraisal council or to assign the Ministry of Construction to take charge of appraising investment policy decision for the project.

On the basis of appraisal opinions of the appraisal council, the Ministry of Construction shall complete the dossier and report thereon to the Prime Minister for the latter to consider and decide on investment policy for the project.

The time limit for the central-level state management agency in charge of public investment as specified by the law on public investment to give a reply to the Ministry of Construction is 30 days after receiving the dossier from the Ministry of Construction. The time limits for appraisal and reporting to the Prime Minister for consideration and decision on project investment policy must comply with the law on public investment;

b/ For a project subject to investment policy decision by the Minister of National Defense or Minister of Public Security, the Ministry of National Defense or Ministry of Public Security shall assign its attached agency to prepare the request and dossier specified in Clause 1 of this Article and send a consultation request to the central-level state management agency in charge of public investment in accordance with the law on public investment. After obtaining opinions of the consulted agency, the Ministry of National Defense or Ministry of Public Security shall set up a project investment policy appraisal council and reach agreement with the Ministry of Construction.

Based on opinions of the appraisal council and Ministry of Construction, the Minister of National Defense or Minister of Public Security shall consider and decide on the project investment policy.

The time limit for the central-level state management agency in charge of public investment as specified by the law on public investment and the Ministry of Construction to give a reply is 30 days after receiving the dossier from the Ministry of National Defense or Ministry of Public Security. The time limits for the Minister of National Defense or Minister of Public Security to appraise, consider and decide on the project investment policy must comply with the law on public investment;

c/ For a project subject to investment policy decision by the provincial-level People’s Council or assigned by the provincial-level People’s Council to the same-level People’s Committee for investment policy decision, the provincial-level housing management agency shall prepare the request and dossier specified in Clause 1 of this Article and send a consultation request to the local state management agency in charge of public investment as specified by the law on public investment. After obtaining opinions of the consulted agency, the provincial-level housing management agency shall complete the dossier and propose the provincial-level People’s Committee to set up an interdisciplinary appraisal council.

Based on opinions of the appraisal council, the provincial-level People’s Committee shall assign the provincial-level housing management agency to complete the dossier and report thereon to the provincial-level People’s Committee for proposing the same-level People’s Council to consider and decide on project investment policy or assign the same-level People’s Committee to consider and decide on project investment policy.

The time limit for the local state management agency in charge of public investment as specified by the law on public investment to give a reply is 30 days after receiving the dossier from the provincial-level housing management agency. The time limits for appraisal and reporting to the provincial-level People’s Council or assigning the same-level People’s Committee to consider and decide on project investment policy must comply with the law on public investment.

3. Contents of investment policy decision for an investment project on construction of official residences include:

a/ Necessity of investment, conditions for investment, evaluation of the project’s conformity with the relevant master plan in accordance with law;

b/ Name of the project;

c/ Investment objectives, scale and location;

d/ Estimated total investment;

dd/ Expected progress and phases of investment (if any);

e/ Factors related to security and the environment;

g/ Division of the project into component projects (if any);

h/ Implementation solutions.

4. In case of adjustment of investment policy decision for an investment project on construction of official residences, the dossier of request for adjustment must comprise a written request for adjustment of project investment policy, clearly stating the reason for the adjustment and contents requested for adjustment, and other relevant documents (if any);

The order and procedures for, and the agency competent to decide on, the adjustment of investment policy for an investment project on construction of official residences are as follows:

a/ For an investment project on construction of official residences with its investment policy submitted by the Ministry of Construction to the Prime Minister for decision, Point a, Clause 2 of this Article shall apply;

b/ For an investment project on construction of official residences subject to investment policy decision by the Ministry of National Defense or Ministry of Public Security, Point b, Clause 2 of this Article shall apply;

c/ For an investment project on construction of official residences subject to investment policy decision by the provincial-level People’s Council or assigned by the provincial-level People’s Council to the same-level People’s Committee for investment policy decision, Point c, Clause 2 of this Article shall apply.

Article 27. Dossiers, order and procedures for decision on investment in and decision on owners of investment projects on construction of official residences

1. A dossier of request for decision on investment in and decision on the owner of an investment project on construction of official residences must comprise:

a/ A written request for decision on investment in the project and decision on the project owner, which must have the following contents: necessity of investment in the project; objectives and main contents of the project’s feasibility study report; proposed contents of decision on investment in the project and decision on the project owner;

b/ The competent agency’s decision on project investment policy;

c/ The project’s feasibility study report;

d/ Other relevant documents (if any);

2. The order and procedures for decision on investment in and decision on the owner of an investment project on construction of official residences are as follows:

a/ For a project subject to the Prime Minister’s investment policy decision, the Ministry of Construction shall assign its attached housing management agency to prepare the dossier specified in Clause 1 of this Article, organize the appraisal of the project’s feasibility study report in accordance with the construction law, and complete the dossier for submission to the Prime Minister for consideration and decision on investment in the project and decision on the project owner.

The Prime Minister shall consider and decide on investment in and decide on the owner of a project within 15 days after receiving a complete and valid dossier;

b/ For a project subject to investment policy decision by the Minister of National Defense or Minister of Public Security, the specialized agency assigned by the Ministry of National Defense or Ministry of Public Security shall prepare the dossier specified in Clause 1 of this Article, organize the appraisal of the project’s feasibility study report in accordance with the construction law, and complete the dossier for reporting to the Minister of National Defense or Minister of Public Security for the latter to consider and decide on investment in the project and decide on the project owner.

The Minister of National Defense or Minister of Public Security shall consider and decide on investment in and decide on the owner of a project within 15 days after receiving a complete and valid dossier;

c/ For a project subject to investment policy decision by the provincial-level People’s Council or assigned by the provincial-level People’s Council to the same-level People’s Committee for investment policy decision, the provincial-level housing management agency shall prepare the request and dossier specified in Clause 1 of this Article and organize the appraisal of the project’s feasibility study report in accordance with the construction law and report thereon to the provincial-level People’s Committee chairperson for consideration and decision on project investment.

The provincial-level People’s Committee chairperson shall consider and decide on investment in and decide on the owner of a project within 15 days after receiving a complete and valid dossier.

3. Contents of the decision on investment in and decision on the owner of an investment project on construction of official residences include:

a/ Name of the project;

b/ Name of the project owner;

c/ Objectives, scope, scale and location of the project;

d/ Total investment, structure of funding sources, plan on fund allocation for project implementation;

dd/ Related expenses during the project implementation and operation after the investment is completed;

e/ Component projects or investment phases of the project (if any);

g/ Responsibilities of related agencies and units for implementation of the project.

4. After obtaining the decision on investment in and decision on the owner of an investment project on construction of official residences, the project owner shall organize the implementation of the project in accordance with the construction law, law on public investment, housing law and relevant laws.

Section 2

PROCEDURES FOR PURCHASE OF COMMERCIAL HOUSES FOR USE AS OFFICIAL  RESIDENCES

Article 28. Dossiers and procedures for requesting investment policy decision for projects on purchase of commercial houses for use as official residences

1. A dossier of request for investment policy decision for a project on purchase of commercial houses for use as official residences must comprise:

a/ A written request for investment policy decision for a project on purchase of commercial houses for use as official residences, with the contents specified at Point d, Clause 3, Article 43 of the Housing Law, which shall be made according to Form No. 01 provided in Appendix III to this Decree;

b/ Documents of the project;

c/ Other relevant documents (if any).

2. Procedures for deciding on investment policy for projects on purchase of commercial houses for use as official residences are as follows:

a/ For a project subject to the Prime Minister’s investment policy decision, except the case specified at Point b of this Clause, the Ministry of Construction shall assign its attached housing management agency to prepare the request and dossier specified in Clause 1 of this Article, then send them to the central-level state management agency in charge of public investment as specified in the law on public investment to seek the latter’s opinions on the purchase of commercial houses for use as official residences. After obtaining such agency’s opinions, the Ministry of Construction shall complete the dossier and report it to the Prime Minister for consideration and decision on investment policy for the project.

The time limit for the central-level state management agency in charge of public investment as specified in the law on public investment to give its opinions to the Ministry of Construction is 30 days after receiving the latter’s dossier. The time limit for the Prime Minister to consider and decide on investment policy for a project on purchase of commercial houses for use as official residences is 15 days after receiving a complete and valid dossier.

b/ For a project subject to the Prime Minister’s investment policy decision for arrangement of official residences for personnel of the armed forces, the Ministry of National Defense or Ministry of Public Security shall assign its attached unit to prepare the request and dossier specified in Clause 1 of this Article, then send them to the central-level state management agency in charge of public investment as specified in the law on public investment to seek the latter’s opinions on the purchase of commercial houses for use as official residences. After obtaining such agency’s opinions, the Ministry of National Defense or Ministry of Public Security shall complete the dossier and report it to the Prime Minister for consideration and decision on investment policy for the project.

The time limit for the central-level state management agency in charge of public investment as specified in the law on public investment to give its opinions to the Ministry of National Defense or Ministry of Public Security is 30 days after receiving the latter’s dossier. The time limit for the Prime Minister to consider and decide on investment policy for a project on purchase of commercial houses for use as official residences is 15 days after receiving a complete and valid dossier.

c/ For a project subject to investment policy decision by the provincial-level People’s Council or assigned by the provincial-level People’s Council to the same-level People’s Committee for investment policy decision, the provincial-level housing management agency shall prepare the request and dossier specified in Clause 1 of this Article, then send them to the local state management agency in charge of public investment as specified in the law on public investment to seek the latter’s opinions on the purchase of commercial houses for use as official residences. After obtaining opinions of the local state management agency in charge of public investment, the provincial-level housing management agency shall complete the dossier and report it to the provincial-level People’s Committee for the latter to propose the same-level People’s Council to consider and decide on investment policy for the project or to assign the same-level People’s Committee to do so.

The time limit for the local state management agency in charge of public investment as specified in the law on public investment to give its opinions is 30 days after receiving the dossier from the provincial-level housing management agency. The time limit for appraising and reporting to the provincial-level People’s Council or assigning the same-level People’s Committee to consider and decide on investment policy for the project must comply with the law on public investment.

3. Contents of investment policy decision for a project on purchase of commercial houses for use as official residences include:

a/ Location(s) of houses to be purchased;

b/ Number and type(s) of houses and area of each type of house to be purchased;

c/ Total investment in the project (total money amount for house purchase, funding sources and structure of funding sources);

d/ Responsibilities of related agencies;

dd/ Solutions to implement the project.

4. In case of adjustment of investment policy decision for a project on purchase of commercial houses for use as official residences, the dossier of request for the adjustment must comprise a written request for adjustment of the project’s investment policy, clearly stating the reason for the adjustment and contents requested to be adjusted, and other relevant documents (if any).

Procedures for adjustment of  projects’ investment policy decision and agencies competent to decide on adjustment of investment policy for projects on purchase of commercial houses for use as official residences are as follows:

a/ For projects on purchase of commercial houses for use as official residences submitted by the Ministry of Construction to the Prime Minister for investment policy decision, such procedures shall be carried out under Point a, Clause 2 of this Article;

b/ For projects on purchase of commercial houses for use as official residences submitted by the Ministry of National Defense or Ministry of Public Security to the Prime Minister for investment policy decision, such procedures shall be carried out under Point b, Clause 2 of this Article;

c/ For projects on purchase of commercial houses for use as official residences subject to investment policy decision by provincial-level People’s Councils or assigned by provincial-level People’s Councils to same-level People’s Committees for investment policy decision, such procedures shall be carried out under Point c, Clause 2 of this Article.

5. The central budget funds shall be allocated for purchase of commercial houses for use as official residences for lease to officials of central agencies; local budget funds shall be allocated for purchase of commercial houses for use as official residences for lease to local officials.

Article 29. Dossiers and procedures for deciding on investment in projects on purchase of commercial houses for use as official residences

1. A dossier of request for decision on investment in a project on purchase of commercial houses for use as official residences must comprise a written request to be submitted to a competent authority for decision on project investment, which has the contents specified at Points d and dd, Clause 3, Article 43 of the Housing Law, enclosed with the documents of the project, and other relevant documents (if any).

2. Procedures for deciding on investment in a project on purchase of commercial houses for use as official residences are as follows:

a/ For a project subject to the Prime Minister’s investment policy decision as specified at Point a, Clause 2, Article 28 of this Decree, the Ministry of Construction shall prepare a dossier specified in Clause 1 of this Article, then submit it to the Prime Minister for consideration and decision on the appraisal of purchase prices of commercial houses for use as official residences. Based on the appraised purchase prices and the dossier submitted by the Ministry of Construction, the Prime Minister shall consider and decide on investment in the project or authorize the Minister of Construction to do so;

The Prime Minister shall consider and decide on project investment within 30 days after receiving a complete and valid dossier (excluding the time for price appraisal);   

b/ For a project on purchase of commercial houses for use as official residences subject to the Prime Minister’s investment policy decision for lease to the subjects specified at Point d, Clause 1, Article 45 of the Housing Law under Point b, Clause 2, Article 28 of this Decree, the specialized agency of the Ministry of National Defense or Ministry of Public Security shall prepare a dossier specified in Clause 1 of this Article, and reach agreement with the Ministry of Construction; the Minister of National Defense or Minister of Public Security shall organize the appraisal of house purchase prices before considering and deciding on investment in the project under Point dd, Clause 3, Article 43 of the Housing Law.

The Minister of National Defense or Minister of Public Security shall consider and decide on project investment within 30 days after receiving a complete and valid dossier (excluding the time for price appraisal).

c/ For a project subject to investment decision by the provincial-level People’s Council or assigned by the provincial-level People’s Council to the provincial-level People’s Committee for investment decision under Point c, Clause 2, Article 28 of this Decree, the provincial-level housing management agency shall prepare a dossier specified in Clause 1 of this Article, then report it to the provincial-level People’s Committee chairperson for organizing the price appraisal under Point dd, Clause 3, Article 43 of the Housing Law; based on the dossier of the provincial-level housing management agency and the appraised house purchase prices, the provincial-level People’s Committee chairperson shall consider and decide on investment in the project.

The provincial-level People’s Committee chairperson shall consider and decide on project investment within 30 days after receiving a complete and valid dossier (excluding the time for price appraisal).

3. Contents of decision on investment in a project on purchase of commercial houses for use as official residences include:

a/ The project owner;

b/ Location(s), number and type(s) of houses and area of each type of house to be purchased;

c/ Total money amount for house purchase, covering also maintenance expenses;

d/ Responsibilities of related agencies in the project implementation;

dd/ Solutions to implement the project.

4. After obtaining a project’s investment decision, an agency assigned to purchase commercial houses for use as official residences shall implement the project in accordance with the housing and law on public investments and relevant laws. The signing of a contract on purchase and sale of commercial houses for use as official residences is as follows:

a/ In case such houses are used for lease to officials of central agencies, the Ministry of Construction shall directly sign the purchase and sale contract with the commercial housing project owner;

b/ In case such houses are used for lease to personnel of the people’s armed forces, the Ministry of National Defense or Ministry of Public Security shall directly sign the purchase and sale contract with the commercial housing project owner; 

c/ In case such houses are used for lease to officials of local agencies, the provincial-level housing management agency shall directly sign the purchase and sale contract with the commercial housing project owner;

d/ The signing of house purchase and sale contracts must comply with the law on real estate business.

5. After a house purchase and sale contract is signed under Point a or b, Clause 4 of this Article, the Ministry of Construction, Ministry of Public Security or Ministry of National Defense shall consider and issue a decision on lease of official residences under Article 15 of the Housing Law. In the case specified at Point c, Clause 4 of this Article, the provincial-level housing management agency shall report it to the provincial-level People’s Committee for consideration and issuance of a decision on lease of official residences.

After obtaining a decision on lease of official residences specified in this Clause, the agency/unit assigned by the owner’s representative shall sign official residence rent contracts with eligible lessees, made according to Form No. 02 provided in Appendix III to this Decree.

6. The estimation, allocation and final settlement of funds for purchase of commercial houses for use as official residences must comply with the law on public investment.

7. Responsibilities of commercial housing project owners:

a/ To base themselves on house purchase and sale contracts signed under Clause 4 of this Article to hand over houses and provide legal dossiers relevant to the houses to purchasers under this Decree;

b/ To carry out procedures for requesting competent agencies to grant the Certificate to house purchasers. For house purchasers falling into the case specified at Point a, Clause 4 of this Article, the Ministry of Construction shall represent them as the Certificate holder. For house purchasers falling into the case specified at Point b, Clause 4 of this Article, the Ministry of National Defense or Ministry of Public Security shall represent them as the Certificate holder. For house purchasers falling into the case specified at Point c, Clause 4 of this Article, the provincial-level People’s Committee or provincial-level housing management agency (if authorized by the provincial-level People’s Committee) shall represent them as the Certificate holder. 

Procedures for granting the Certificate to the agencies specified at this Point shall be carried out in accordance with the land law.

Section 3

MANAGEMENT AND USE OF OFFICIAL RESIDENCES

Article 30. Conditions for renting official residences

1. To rent official residences, the subjects specified at Point a, Clause 1, Article 45 of the Housing Law must be incumbent post holders.

2. To rent official residences, the subjects specified at Point b, Clause 1, Article 45 of the Housing Law must satisfy the following conditions:

a/ Having work transfer, rotation or secondment decisions and papers proving their eligibility for renting official residences;

b/ Having no houses under their ownership and having yet to be entitled to rent, rent with the option to purchase, or purchase social houses in localities where they are assigned to move to work, or having houses under their ownership in localities where they are assigned to move to work but the housing floor area per household member is under 20m².

3. To rent official residences, the subjects specified at Point d, Clause 1, Article 45 of the Housing Law must satisfy the following conditions:

a/ Having work transfer, rotation or secondment decisions and papers proving that they are officers, professional servicemen, non-commissioned officers, public security workers, civil servants, national defense workers or public employees, or engaged in cypher or other occupations in cypher organizations in the people’s armed forces and salaried by the state budget;

b/ Satisfying the condition specified at Point b, Clause 2 of this Article;

c/ Being other than those required to live in barracks of the people’s armed forces under regulations of the Ministry of National Defense or Ministry of Public Security.

4. To rent official residences, the subjects specified at Points c and dd, Clause 1, Article 45 of the Housing Law must satisfy the following conditions:

a/ Having decisions on transfer, rotation, secondment or assignment to work in the areas specified at Point c or dd, Clause 1, Article 45 of the Housing Law;

b/ Satisfying the condition specified at Point b, Clause 2 of this Article. For those assigned to work in rural areas in delta or midland regions, such areas must be other than district-level localities and the distance from their places of residence to their workplaces must be 30 kilometers or more.

For those assigned to work in remote or deep-lying rural areas with extremely difficult socio-economic conditions or in border areas or on islands, provincial-level People’s Committees shall specify an appropriate distance from their places of residence to their workplaces as suitable to practical conditions of each area which, however, must be at least 10 kilometers.

5. To rent official residences, the subjects specified at Point e, Clause 1, Article 45 of the Housing Law must satisfy the following conditions:

a/ Having decisions assigning them to take charge of particularly important national-level scientific and technological tasks in accordance with the law on science and technology;

b/ Having decisions recognizing them as talented people with important contributions to the country in accordance with law;

c/ Satisfying the condition specified at Point b, Clause 2 of this Article.

Article 31. Methods of determination of official residence rent rates

1. The official residence rent rate is inclusive of operation management expenses, maintenance expenses, and lease management expenses      

2. In case of investment in an official residence project or purchase of the whole project on construction of commercial houses for use as official residences, the official residence rent rate shall be determined as follows:

a/ Operation management expenses include salaries and other expenses for the official residence operation management unit; expenses for services provided in official residences under regulations; expenses for electricity and water for operation of working offices of the operation management unit; expenses for public lighting and other electricity loads in the official residences and other law-specified expenses; the charge rates for official residence operation management services must comply with brackets set by the provincial-level People’s Committee for application in the locality where official residences are located;

b/ Maintenance expenses include all expenses for upkeeping, maintenance, regular repair, periodical repair and extraordinary repair of official residences; repair and replacement of equipment and interior furniture in official residences. These expenses are determined by the project owner and official residence management agency on the basis of construction work maintenance processes specified by the construction and housing laws.

c/ Lease management expenses include expenses for indirect management by the official residence management agency and expenses for direct management by the official residence operation management unit. These expenses are determined by percentage (%) of total operation management and maintenance expenses decided by the agency representing the house owner.

3. For case of purchase of a number of commercial apartments in commercial housing projects for use as official residences, official residence rent rates shall be determined as follows:

a/ Operation management expenses must comply with regulations on condominium operation management;

b/ Maintenance expenses and lease management expenses shall be determined under Points b and c, Clause 2 of this Article.

4. The formula for determination of an official residence rent rate in case of investment in an official residence project or purchase of the whole commercial housing project for lease or purchase of a number of commercial apartments in a commercial housing project for use as official residences is as follows:

In which:

G_T means the rent rate per m² of apartment floor area per month (VND/m²/month).

Q means the total annual total operation management and lease management expenses of the official residences (VND/year).

B_t means expenses for maintenance of condominium interior and interior equipment and furniture per year (VND/year).

T_dv means earnings from the provision of services in the official residences as specified by law (VND/year).

S means the total floor area of apartments of the official residences (m²).

T means the value-added tax rate specified by the value-added tax law.

5. Earnings from the lease of official residences shall be used for the maintenance of such residences and interior equipment and furniture and payment of operation management and lease management expenses. In case such earnings are not enough for payment of maintenance and operation management expenses for such official residences, state budget funds shall cover the deficit on the principle that the central budget pays expenses for official residences managed by central agencies while local budgets pay expenses for official residences managed by local agencies.

6. Based on the method of determination of official residence rent rates specified in this Article, provincial-level People’s Committees shall promulgate brackets of rent rates of locally managed official residences in their localities.

Article 32. Procedures for rent of official residences

1. The subjects specified at Point a, Clause 1, Article 45 of the Housing Law may rent official residences under decisions of competent agencies.

2. For the subjects specified at Points b, c, d, dd and e, Clause 1, Article 45 of the Housing Law:

a/ A subject specified in this Clause shall send a written request for rent of an official residence, made according to Form No. 03 provided in Appendix III to this Decree, to the agency or organization where he/she is working. Within 10 days after receiving the request, such agency or organization shall examine and give a certification in the request and send a document together with the request to the competent agency for consideration and decision on lease of the official residence;

b/ Within 20 days after receiving the document of the agency or organization mentioned at Point a of this Clause, the agency competent to decide on lease of official residences shall examine the satisfaction of the conditions for lease of official residences and issue a decision on lease of official residence according to Form No. 04 provided in Appendix III to this Decree. In case the conditions for lease of official residences are not satisfied, such agency shall reply in writing, clearly stating the reason for refusal to issue a decision on lease of official residence;

c/ Within 10 days after receiving a decision on lease of official residence from the competent agency, the unit assigned to manage the operation of official residences specified in Article 34 of this Decree shall sign a house rent contract, made according to Form No. 02 provided in Appendix III to this Decree, with the lessee or with the agency currently managing the lessee;

d/ The Ministry of Construction shall receive written requests for rent of official residences from the subjects managed by central agencies and the subjects specified at Point e, Clause 1, Article 45 of the Housing Law. The Ministry of National Defense or Ministry of Public Security or the unit assigned by the Ministry of National Defense or Ministry of Public Security to decide on lease of official residences to personnel of the people’s armed forces shall receive written requests for rent of official residences. Provincial-level housing management agencies shall receive written requests for rent of official residences from subjects managed by their localities and the subjects specified at Point c or dd, Clause 1, Article 45 of the Housing Law who are managed by central agencies but currently working in their localities.

3. For officials managed by central agencies who are transferred, rotated or seconded to work in localities where their management agencies have no official residences for lease, such agencies shall send written requests to provincial-level People’s Committees for arrangement of official residences for lease to such officials.

Within 15 days after receiving a written request from an agency managing the official residence rent requester, enclosed with the latter’s written request for the rent, the provincial-level People’s Committee shall examine them and lease an official residence to the requesting official.

4. For the subjects specified at Point g, Clause 1, Article 45 of the Housing Law:

a/ Agencies managing official residence rent requesters shall send written requests to the Ministry of Construction for consideration and arrangement of official residences for lease;

b/ Within 30 days after receiving a written request from an agency or organization specified at Point a of this Clause, the Ministry of Construction shall examine and report it to the Prime Minister for consideration and decision on lease of an official residence;

c/ Within 30 days after receiving the Prime Minister’s directing opinions, if the official residence rent requester fails to satisfy the conditions for renting an official residence, the competent agency shall issue a written reply, clearly stating the reason for refusal to decide on lease of an official residence to him/her. If the requester satisfies the conditions for renting an official residence, the competent agency shall issue a decision on lease of an official residence to him/her.

Article 33. Procedures for renting commercial houses for use as official residences

1. If there are no official residences in their localities or available official residences are not enough for lease while there exist commercial houses meeting quality requirements and satisfying the floor area standard and interior equipment and furniture norms applicable to official residences, the competent agencies specified at Points a, b and c, Clause 4, Article 43 of the Housing Law may rent such commercial houses for use as official residences.

2. The rent of commercial houses for use as official residences for officials of central agencies, except those specified in Clause 3 of this Article, is as follows:

a/ The Ministry of Construction shall prepare a report having the contents specified at Point d, Clause 4, Article 43 of the Housing Law and send it to related agencies to seek the latter’s opinions, including the a finance agency’s opinions on fund estimates for house rent in state budget funds for recurrent expenditures in accordance with the law on the state budget, before reporting it to the Prime Minister for consideration and decision;

b/ Based on opinions of the finance agency, the Ministry of Construction shall finalize the report before sending it to the Prime Minister for consideration and approval;

c/ After obtaining the Prime Minister’s approval, the Ministry of Construction shall sign a rent contract with the commercial house owner. The allocation of funds for rental payment shall be carried out on the basis of the Prime Minister’s approval and the law on the state budget;

d/ After signing a commercial house rent contract, the Ministry of Construction shall receive the house, sign an official residence lease contract and collect rental in accordance with the housing law.

3. The rent of commercial houses for use as official residences for personnel of the people’s armed forces is as follows:

a/ The Ministry of National Defense or Ministry of Public Security shall prepare a report having the contents specified at Point d, Clause 4, Article 43 of the Housing Law and send it to the finance agency to seek the latter’s opinions on fund estimates for house rent in state budget funds for recurrent expenditures in accordance with the law on the state budget before reporting it to the Prime Minister for consideration and decision;

b/ After obtaining the Prime Minister’s approval, the Ministry of National Defense or Ministry of Public Security shall sign a rent contract with the commercial house owner. The allocation of funds for rental payment shall be carried out on the basis of the Prime Minister’s approval and the law on the state budget;

c/ After signing a commercial house rent contract, the Ministry of National Defense or Ministry of Public Security shall receive the house, sign an official residence lease contract and collect rental in accordance with the housing law.

4. The rent of commercial houses as official residences for lease to local officials is as follows:

a/ The provincial-level housing management agency shall prepare a report having the contents specified at Point d, Clause 4, Article 43 of the Housing Law and send it to the finance agency to seek the latter’s opinions on fund estimates for house rent in state budget funds for recurrent expenditures in accordance with the law on the state budget before reporting it to the provincial-level People’s Committee for consideration and decision;

b/ After obtaining the provincial-level People’s Committee’s approval, the provincial-level housing management agency shall sign a rent contract with the commercial house owner. The allocation of funds for rental payment shall be carried out on the basis of the Prime Minister’s approval and the law on the state budget;

c/ After signing a commercial house rent contract, the provincial-level housing management agency shall receive the house, sign an official residence lease contract and collect rental in accordance with the housing law.

5. In case the rental amount for a commercial house for use as an official residence is higher than the rental amount payable by the lessee as specified in Clause 4, Article 31 of this Decree, the lessee shall only pay the rental amount not exceeding 10% of his/her salary at the time of rent (including also allowance(s), if any) to the agency that has signed the official residence rent contract; the central budget or local budgets shall pay the rental deficit (if any), for officials managed by central agencies or officials managed by local agencies, respectively.

Article 34. Official residence operation management units 

1. For official residences managed by the Ministry of Construction, the Ministry of Construction shall assign units with the house management function to manage their operation.

2. Official residences of the Ministry of National Defense or Ministry of Public Security, the Ministry of National Defense or Ministry of Public Security shall assign or select house operation management units under Clause 5, Article 125 of the Housing Law to manage their operation. Official residences other than condominiums in remote and deep-lying areas and areas with extremely difficult socio-economic conditions, border areas or on islands shall be assigned to their operation management units for operation management.

3. For official residences currently managed by ministries, ministerial-level agencies, government-attached agencies or other central agencies (if any), these ministries or agencies shall assign units with the house management function to manage their operation.

4. For official residences of localities, provincial-level People’s Committees shall assign units with the house management function to manage their operation. Official residences other than condominiums in remote and deep-lying areas and areas with extremely difficult socio-economic conditions, border areas or on islands shall be assigned to their operation management units for operation management.

5. In case the residences specified in Clauses 1, 2, 3 and 4 of this Article have no operation management units, representatives of their owners shall organize bidding for selection of contractors to act as operation management units in accordance with the bidding law. For official residences being condominiums, of which current operation management units are unqualified and incapable of operation management in accordance with the housing law, representatives of their owners shall organize bidding in accordance with the bidding law to select qualified contractors to act as operation management units.

6. Official residences for teachers, medical doctors and workers located within or close to the premises of schools or health establishments shall be assigned to such schools or health establishments for operation management.

7. In case of purchase commercial of apartments for use as official residences, the operation management of such official residences must comply with the Ministry of Construction-issued Regulation on condominium management and use.

Chapter VI

DEVELOPMENT, MANAGEMENT AND USE OF RESETTLEMENT HOUSES

Article 35. Subjects eligible and conditions for arrangement of resettlement houses

1. Subjects eligible for arrangement of resettlement houses include:

a/ Organizations, households and individuals whose lawful houses are subject to ground clearance upon land recovery of the State for implementation of projects for the purposes of national defense and security or socio-economic development for national interests and public interests according to master plans approved by competent agencies;

b/ Households and individuals that are subject to recovery of house-attached residential land by the State and are subject to relocation but do not fully meet the conditions for receiving compensation in residential land as prescribed in the land law and have no other accommodation else;

c/ Organizations, households and individuals that are owners of apartments in condominiums subject to demolition for renovation or reconstruction as specified in Clause 2, Article 59 of the Housing Law;

d/ Households and individuals that are current lessees of houses as public assets subject to recovery by the State according to regulations, except cases in which the repossession is due to house appropriation.

2. Conditions for arrangement of resettlement houses are as follows:

a/ In case the subjects specified at Points a and b, Clause 1 of this Article wish to purchase commercial houses for resettlement, or rent, rent with the option to purchase, or purchase resettlement houses built with the State’s investment, they must be on the list of subjects eligible for resettlement arrangement under the compensation, support and resettlement plan approved by a competent authority, and shall file a request for arrangement of resettlement houses, made according to Form No. 01 provided in Appendix V to this Decree.

In case subjects eligible for resettlement arrangement wish to rent, rent with the option to purchase, or purchase social houses, they may be arranged to purchase, rent, or rent with the option to purchase social houses according to Clause 4, Article 39 of this Decree and the law on social housing development and management.

The subjects specified at this Point must be those not yet having received compensation in house or residential land from the State;

b/ For the subjects specified at Point c, Clause 1 of this Article, the arrangement of resettlement houses must comply with the law on condominium renovation and reconstruction;

c/ The subjects specified at Point d, Clause 1 of this Article must be those currently using houses under Article 62 of this Decree.

Article 36. Placement of orders to purchase commercial houses for resettlement arrangement

1. The placement of orders to purchase commercial houses for resettlement arrangement shall be carried out in areas where there is no resettlement housing project as specified in Clause 2, Article 49 of the Housing Law.

The placement of orders to purchase commercial houses for resettlement arrangement shall be carried out after the owner of the project in question is selected and the project’s feasibility study report or techno-economic report is approved in accordance with the construction law.

2. The order and procedures for placement of orders to purchase commercial houses for resettlement arrangement are as follows:

a/ The unit assigned by the provincial-level People’s Committee to take charge of resettlement arrangement work shall determine a list of commercial housing projects that are currently implemented in the locality and meet the law-specified conditions for placement of house purchase orders; formulate a plan on placement of house purchase orders, clearly stating the legal paper(s) of such project(s); location, quantity and area of ​​houses of each type; expected number of houses to be ordered; and expected purchase price and handover schedule; and report thereon to the provincial-level housing management agency of the locality;

b/ Within 30 days after receiving a request from the unit assigned to take charge of resettlement arrangement work, enclosed with the house purchase plan and legal paper(s) of the project(s) specified at Point a of this Clause, the provincial-level housing management agency shall assume the prime responsibility for, and coordinate with the provincial-level finance agency and natural resources and environment agency in, appraising the plan on placement of house purchase orders for submission to the provincial-level People’s Committee for approval;

c/ Within 15 days after receiving the dossier submitted by the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve the plan on placement of house purchase orders;

d/ Within 15 days from the date the provincial-level People’s Committee approves the plan on placement of house purchase orders, the unit assigned to take charge of resettlement arrangement work shall conclude a contract/contracts on placement of house purchase orders with the commercial housing project owner(s);

dd/ When its/their future houses become qualified for sale according to the law on real estate business, the commercial housing project owner(s) shall send a notice to the unit that has signed the contract(s) on placement of house purchase orders;

e/ After receiving the notice from the project owner(s), based on the progress and schedule for arrangement of houses for people eligible for resettlement arrangement according to the approved compensation plan, the unit assigned to take charge of resettlement arrangement work shall notify thereof to individuals eligible to purchase houses for the latter to sign house purchase and sale contracts directly with the commercial housing project owner(s); the time for signing contracts shall be clearly stated in the notice of the unit assigned to take charge of resettlement arrangement work.

Past the deadline for receiving houses, if the subjects eligible for resettlement arrangement do not come to receive the houses, they shall send a document explaining the reason to the unit assigned to take charge of resettlement arrangement work for consideration and settlement.

3. A contract on placement of house purchase orders must have the following details: location of the project, quantity and type of houses to be ordered, area of ​​houses of each type, purchase price, house handover schedule, responsibilities of the contracting parties, and termination of the contract when the commercial housing project owner signs purchase and sale contracts with house purchasers; the unit assigned to take charge of resettlement arrangement work shall perform the signed order placement contract. The signing of house purchase and sale contracts between the commercial housing project owner and subjects eligible for resettlement arrangement must comply with the law on real estate business.

After an order placement contract is signed, if the ordering party fails to receive houses as stated in the contract, it shall compensate the project owner according to the signed contract and the law on compensation for damage.

4. The purchase price of commercial houses in a contract on placement of house purchase orders for the purpose of resettlement arrangement shall be determined based on the market price at the time of order placement, inclusive of the house construction investment cost, land use levy, condominium maintenance expense, in case of purchasing apartments, and other reasonable costs according to regulations; in case the agency taking charge of the order placement and coordinating agencies cannot agree on the house purchase price plan, they may hire a valuation enterprise to advise on determination of the value of the property for use as one of the grounds for considering and deciding on the purchase price of the commercial house specified in this Clause; the expense for hiring a valuation enterprise shall be included in the cost for purchase of commercial houses.

The house sale price applicable to subjects eligible for resettlement arrangement in house purchase and sale contracts signed between them and the commercial housing project owner shall be determined to be equal the purchase price in the order placement contract; in case the resettlement compensation is lower than the purchase price of resettlement houses, the subjects eligible for resettlement arrangement shall pay the deficit to the unit assigned to take charge of resettlement arrangement work.

Article 37. Purchase of commercial houses for resettlement arrangement

1. The purchase of commercial houses for resettlement arrangement shall be carried out in areas where there is no resettlement housing project as specified in Clause 2, Article 49 of the Housing Law and apply to cases of purchasing future houses qualified for sale as prescribed by the law on real estate business or cases of purchasing ready-built houses.

2. The order and procedures for purchasing commercial houses for resettlement arrangement are as follows:

a/ The unit assigned by the provincial-level People’s Committee to take charge of resettlement arrangement work shall identify commercial housing projects in the locality in order to purchase commercial houses for resettlement arrangement and formulate a house purchase plan with the contents specified at Point a, Clause 2, Article 36 of this Decree for reporting to the provincial-level housing management agency of the locality for appraisal;

b/ Within 30 days after receiving the proposal from the unit assigned to take charge of resettlement housing arrangement work, enclosed with the house purchase plan, the provincial-level housing management agency shall assume the prime responsibility for, and coordinate with the provincial-level finance agency and natural resources and environment agency in, appraising and submitting the plan to the provincial-level People’s Committee for approval;

c/ Within 15 days from the date the provincial-level People’s Committee approves the house purchase plan, the unit assigned to take charge of resettlement arrangement work shall sign a house purchase and sale contract with the commercial housing project owner; in case of signing a contract on purchase and sale of future houses, it is required to meet the conditions for house purchase and sale specified by the law on real estate business. The signing of house purchase and sale contracts with commercial housing project owners must comply with the law on real estate business;

d/ When the conditions for handover of houses specified by the housing law are fully met, the unit assigned to take charge of resettlement arrangement work shall receive houses from project owners for management;

dd/ After receiving houses, based on the required progress and schedule to arrange houses to subjects eligible for resettlement arrangement according to the approved compensation plan, the unit assigned to take charge of resettlement arrangement work shall send a notice to individuals and households eligible for resettlement arrangement for the latter to sign contracts on purchase, rent, or rent with the option to purchase houses with the unit assigned to take charge of resettlement arrangement work, made according to the form issued by the Ministry of Construction.

Based on the contracts signed under this Point, the unit assigned to take charge of resettlement arrangement work shall hand over houses to house purchasers, lessees or lessees-purchase. Past the deadline for receiving houses, if subjects eligible for resettlement arrangement do not come to receive houses, they shall send a document explaining the reason to the unit assigned to take charge of resettlement arrangement work for consideration and settlement.

3. The purchase price of commercial houses for the purpose of resettlement arrangement shall be determined based on the market price at the time of purchase, inclusive of the house construction investment cost, land use levy, condominium maintenance expense, in case of purchasing apartments, and other reasonable costs as prescribed; in case the agency taking charge of the purchase and coordinating agencies cannot reach agreement on the house purchase price plan, they may hire a valuation enterprise to advise on the determination of the value of the property for use as one of the grounds for considering and deciding on the purchase price of commercial house as specified in this Clause; the expense for hiring a valuation enterprise shall be included in the cost for purchase of commercial houses.

The sale price or lease-purchase price of houses for subjects eligible for resettlement arrangement equals the purchase price paid to commercial housing project owners; in case the resettlement compensation is lower than the purchase or lease-purchase price of the houses, the subjects eligible for resettlement arrangement shall pay the deficit to the unit assigned to take charge of resettlement housing arrangement work. The rental rates of houses applicable to subjects eligible for resettlement arrangement must comply with the approved compensation plan.

Article 38. Order and procedures for rent, rent with the option to purchase, and purchase of houses at a resettlement housing project

1. When conditions for sale or lease-purchase of future houses prescribed by the  law on real estate business are fully met, except the requirement to have a notice of satisfaction of the conditions for sale of future houses issued by provincial-level housing and real estate market management agencies, the resettlement housing project owner shall send a notice to the subjects on the list of those eligible for resettlement arrangement, clearly stating the time and requirements for signing house purchase and sale or lease-purchase contracts. In case of lease of houses, houses must be ready-built houses.

2. Within 15 days after receiving the notice from the project owner, the subjects eligible for resettlement arrangement shall sign house purchase and sale, lease or lease-purchase contracts with the project owner, made according to the form issued by the Ministry of Construction; in case of force majeure events, they shall send a report thereon to a competent authority for consideration and settlement.

3. The handover and management of houses after the handover must comply with contracts and the housing law.

4. The project owner shall carry out procedures for grant of the Certificate to the subjects eligible for resettlement arrangement in accordance with the land law, unless purchasers or lessees-purchase themselves carry out procedures of application for the Certificate.

Article 39. Use of social houses for the purpose of resettlement arrangement

1. Subjects eligible for resettlement arrangement who wish to purchase, rent or rent with the option to purchase social houses shall submit to the district-level People’s Committee of the locality where they reside an application for purchase, rent or rent with the option to purchase of houses, made according to the application form for purchase, rent or rent with the option to purchase of social houses as prescribed by the law on social housing development and management.

2. Within 15 days after receiving an application, the district-level People’s Committee shall check and give a confirmation that the applicant has not received houses or residential land as compensation from the State in the application and make a list of these subjects and send such list to the provincial-level housing management agency for review and examination.

3. Within 15 days after receiving the list from the district-level People’s Committee, the provincial-level housing management agency shall check and make a list of individuals and households eligible to purchase, rent, or rent with the option to purchase social houses and send it, together with a proposal, to the provincial-level People’s Committee for approval.

4. Within 15 days after the provincial-level People’s Committee approves the list, the provincial-level housing management agency shall notify the subjects on the list of those eligible for resettlement arrangement for the latter to sign contracts and, at the same time, send a request to the social housing project owner for the latter to sign contracts on purchase, rent, or rent with the option to purchase houses with subjects eligible for resettlement arrangement when the houses are qualified for sale, lease or lease-purchase according to regulations.

Households and individuals on the list specified in this Clause shall be given priority in purchasing, renting with the option to purchase or renting social houses without having to carry out procedures for approval of the status of eligibility under the law on social housing development and management. In case the number of subjects wishing to purchase, rent or rent with the option to purchase social houses exceeds the number of houses used for resettlement arrangement at the social housing project, these subjects must draw lots before signing contracts on purchase and sale, rent with the option to purchase or rent houses.

5. Within 15 days after the social housing project becomes qualified for sale, lease or lease-purchase, the project owner shall sign contracts on purchase, rent or rent with the option to purchase houses, made according to the form issued by the Ministry of Construction, with households and individuals that are on the list approved by the provincial-level People’s Committee or have won the lucky draws, in case a lucky draw is required.

The handover and management and use of houses after the handover must comply with contracts and Article 40 of this Decree.

Article 40. Order and procedures for handover, and management and use of houses for the purpose of resettlement arrangement

1. The order and procedures for handover of houses for the purpose of resettlement arrangement in the cases specified in Articles 36 and 37 of this Decree are as follows:

a/ When the conditions for handover of houses specified in Clause 4, Article 37 of the Housing Law are fully meet, the seller, lessor or lessor-purchase shall hand over the houses to the purchaser, lessee, or lessee-purchase; the handover of apartments must also comply with Article 25 of this Decree;

b/ At least 15 days before the time of house handover, the project owner or the unit assigned to take charge of resettlement arrangement work shall send a notice to purchasers, lessees or lessees-purchase for the latter to receive the houses, clearly stating the location and time of handover. The purchasers, lessees or lessees-purchase shall check the conditions for house handover and receive the houses when the handover conditions are fully met;

c/ The handover of houses specified in this Clause shall be recorded in a minutes signed by the parties.

2. The management and use of resettlement houses are as follows:

a/ In case of purchasing or renting with the option to purchase independent houses, resettlement house owners shall be responsible for managing, operating, and maintaining these houses;

b/ In case of purchasing, renting with the option to purchase, or renting apartments, the management, operation and use of houses must comply with the housing law and the Minister of Construction-promulgated Regulation on management and use of condominiums;

c/ In case of renting houses, the management of the houses must comply with the rent contracts;

d/ In case a resettlement housing project has part of its area reserved for business and service activities, households and individuals eligible for resettlement arrangement shall be given priority to exploit this area through auction if their bid to rent such area equals the bid of other subjects in that apartment building.

In case of building an apartment building for the purpose of resettlement arrangement, the project owner must reserve at least one-third of the business and service area of ​​that apartment building for lease to households and individuals eligible for resettlement arrangement (if they have demand) through auction in adherence to the principles of openness and transparency in order to create jobs for these households and individuals.

The remainder, if any, of the proceeds from lease of business and service areas in the apartment building specified at this Point after deducting the maintenance and operation management costs of that apartment building, may be used by the provincial-level People’s Committee to support the maintenance of the areas under the common ownership of apartment buildings as public assets for resettlement arrangement in the locality.

Chapter VII

DEVELOPMENT AND MANAGEMENT OF USE OF MULTI-STORY, MULTI-APARTMENT BUILDINGS

Article 41. Construction of multi-story, multi-apartment buildings

1. Multi-story, multi-apartment building is a building with 2 or more stories designed and built for sale, lease-purchase or a combination of sale, lease-purchase and lease, or for lease only for each apartment.

2. The construction of multi-story, multi-apartment buildings specified in Clause 1 of this Article shall be carried out as follows:

a/ In case of construction of multi-story, multi-apartment buildings for lease, sale or a combination of sale, lease and lease-purchase, or for construction of multi-story, multi-apartment buildings with 20 apartments or more for lease, it is required to carry out procedures for investment in construction of housing projects in accordance with the laws on investment, housing, and construction and relevant laws;

b/ The construction of multi-story, multi-apartment buildings with less than 20 apartments for lease must comply with regulations on construction of independent houses, including requirements on design, verification of construction designs, issuance of construction permits, and management and supervision of construction and requirements on fire safety as prescribed by law.

3. The management of operation of multi-story, multi-apartment buildings must comply with the Ministry of Construction-promulgated Regulation on the management and use of condominiums.

Article 42. Sale, lease, lease-purchase, and handover of multi-story, multi-apartment buildings

1. In the case of construction of houses under Clause 1, Article 57 of the Housing Law or under Clause 3, Article 57 of the Housing Law, with apartments for sale or lease-purchase, the sale or lease-purchase of houses must comply with the law on real estate business.

2. In the case of construction of houses under Clause 3, Article 57 of the Housing Law, with apartments for lease only, the lease of houses must comply with the civil law and the housing law.

3. The issuance of a Certificate for each apartment to the purchaser or lessee-purchase specified in Clause 1 of this Article must comply with the land law.

4. The handover of apartments put for sale, lease or lease-purchase must comply with the following provisions:

a/ For the case specified in Clause 1 of this Article, the handover of houses must comply with Clause 4, Article 37 of the Housing Law and Article 25 of this Decree;

b/ For the case specified in Clause 2 of this Article, the handover of houses must comply with the signed house lease contracts.

Chapter VIII

CAPITAL MOBILIZATION FOR HOUSING DEVELOPMENT

Article 43. Conditions for capital mobilization through capital contribution, investment cooperation, business cooperation, joint venture, and association of organizations and individuals

1. Falling into one of the forms of project-based housing development specified in Clause 1, Article 30 of the Housing Law, except investment projects on building infrastructure of housing areas for transfer of land use rights in the form of dividing and selling plots to individuals for self-construction of houses.

2. The project specified in Clause 1 of this Article has obtained a competent agency’s decision on land allocation or land lease or acquired land use rights in accordance with the land law.

In case the housing investment project is subject to approval of investment policy at the same time with approval of the investor as the project owner, it must have obtained a competent authority’s written approval of investment policy and permission for repurposing of land, for the land area that needs to be repurposed (if any).

 3. The project owner specified in Clause 1 of this Article has received a written notice of capital mobilization eligibility from the provincial-level housing management agency of the locality where the project is located. The project owner shall prepare 1 dossier, comprising a request (clearly stating information on the name of the project owner, project location, project implementation progress, form and level of capital mobilization, and capital mobilization period) and papers proving the satisfaction of the condition specified in Clause 2 of this Article, then hand-deliver, send by post or submit online the dossier to the provincial-level housing management agency of the locality where the project is located for the latter to issue a notice of eligibility for capital mobilization.

Within 15 days after receiving the project owner’s request, the provincial-level housing management agency shall check the dossier; if there are sufficient papers as specified in this Clause, it shall issue a written notice of eligibility for capital mobilization and send such notice to the project owner and post it on its portal. The written notice of eligibility for capital mobilization must have the following details: name of the project owner, project location, project implementation progress, form and level of capital mobilization, and capital mobilization period. In case the dossier is incomplete, within 10 days after receiving the dossier, the provincial-level housing management agency shall send a notice to the project owner to request the latter to supplement the dossier and may not return the dossier for re-submission.

In case the law-specified conditions for capital mobilization are fully met and the provincial-level housing management agency has received a complete dossier from the project owner, but after the time limit specified in this Clause, the provincial-level housing management agency does not issue a notice of eligibility for capital mobilization, the project owner may sign capital mobilization contracts but shall be held responsible for the capital mobilization; the provincial-level housing management agency shall be held responsible for failure to issue a notice as specified in this Clause.

4. In case the project owner has mortgaged part or the whole of the project or mortgaged houses in the project and has registered the mortgage according to regulations and mobilizes capital to invest in the construction of the mortgaged project part or houses, it shall carry out the procedures for deregistering the mortgage or partially withdrawing the mortgaged assets according to the law on registration of security interests before signing the capital mobilization contracts.

The total amount of capital mobilized in the forms specified in this Article and Articles 44, 45, 46, 47 and 48 of this Decree plus the equity must not exceed the total investment capital of the project, inclusive of land use levy and land rental amounts payable by the project owner according to the land law. The distribution of profits in stocks in case of capital mobilization must comply with the laws on enterprises and securities.

Article 44. Conditions for capital mobilization through issuance of bonds, stocks, and fund certificates

1. The mobilization of capital through issuance of bonds to implement a housing investment project must satisfy the following conditions:

a/ The project owner satisfies the conditions for bond issuance and comply with the order and procedures for bond issuance prescribed by the laws on securities and enterprises; in case of mobilizing capital from foreign investors, it must also comply with the investment law’s provisions on foreign investors’ contribution of capital and purchase of shares and capital contributions at economic organizations;

b/ The housing project owner has been selected in accordance with the housing law;

c/ In case the project owner has mortgaged part or the whole of the project or mortgaged houses in the project and has registered the mortgage according to regulations and issues bonds to mobilize capital to invest in the construction of the mortgaged project part or houses, it must carry out the procedures for deregistering the mortgage or partially withdrawing the mortgaged assets according to the law on registration of security interests before issuing bonds as specified in this Clause.

2. The mobilization of capital through the issuance of stocks to implement housing investment projects must satisfy the conditions for issuance of stocks and comply with the order and procedures for issuance of stocks prescribed by the law on securities.

3. The mobilization of capital for housing development through the issuance of fund certificates must comply with the laws on securities investment funds and real estate investment funds and other relevant laws.

4. The total amount of capital mobilized in the forms specified in this Article and Articles 43, 45, 46, 47 and 48 of this Decree plus the equity must not exceed the total investment capital of the project, inclusive of land use levy or land rental amounts payable by the project owner according to the land law.

Within 15 days after the capital mobilization is completed according to law, the project owner that has mobilized capital for housing development according to this Article shall send a report on the mobilized capital amount to the provincial-level housing management agency of the locality where the housing investment project for which capital is mobilized is located for monitoring in service of the state management of housing and the real estate market.

Article 45. Conditions for capital mobilization through allocation of capital from the State’s capital sources

1. In case of implementing a housing investment project with public investment funds as specified at Point a, Clause 1, Article 113 of the Housing Law, the project must meet the conditions prescribed by the law on public investment.

2. In case of implementing a housing investment project using state capital other than public investment funds as specified at Point b, Clause 1, Article 113 of the Housing Law, the project must have obtained an investment policy decision and a decision on the project owner issued by a competent authority and satisfy the law-specified conditions on allocation of state capital other than public investment funds.

Article 46. Conditions for mobilization of capital through the borrowing of loans from credit institutions and financial institutions operating in Vietnam

1. For the mobilization of capital through the borrowing of loans from credit institutions operating in Vietnam to implement a housing investment project, the project owner must obtain a land allocation or land lease decision issued by a competent agency or acquire land use rights in accordance with the land law.

A housing investment project subject to approval of investment policy concurrently with approval of the investor to act as the project owner must obtain a competent agency’s investment policy approval document.

2. The borrowing of loans under the loan provision mechanism provided by the Government or Prime Minister must comply with such mechanism.

3. For the mobilization of capital through the borrowing of loans from state and non-state financial institutions operating in Vietnam, a project in need of funds must have a feasibility study report or a techno-economic report approved in accordance with the construction law and satisfy other conditions for loan provision under regulations of the lending financial institution.

4. The mobilization of capital through the borrowing of loans from the Vietnam Bank for Social Policies must comply with the law on social housing development and management.

Article 47. Conditions for mobilization of capital from foreign direct investment in Vietnam

1. The formulation of new housing investment projects in Vietnam must satisfy the conditions on investment activities of foreign-invested economic organizations in Vietnam in accordance with the investment law and relevant laws.

2. The establishment of a new legal person to invest in a housing project in Vietnam in addition to the existing housing investment project must satisfy the following conditions in order to mobilize capital for housing development:

a/ The owner of the project in need of capital mobilization has been identified in accordance with the housing law;

b/ The project’s feasibility study report or techno-economic has been approved in accordance with the construction law.

3. In case of acquisition of housing investment projects, capital mobilization must comply with the investment law and law on real estate business.

Article 48. Conditions for mobilization of capital from other lawful funding sources

1. The mobilization of capital from other lawful funding sources in forms other than those specified in Articles 43 thru 47 of this Decree for housing construction applies only to investment projects on construction of social houses and resettlement houses, condominium renovation and reconstruction, official residences, and house development of individuals.

2. The conditions for mobilization of capital from other lawful funding sources specified in Clause 1 of this Article apply respectively to different funding sources to be mobilized and comply with relevant laws.

Chapter IX

CONVERSION OF HOUSE FUNCTIONS

Section 1

GENERAL PROVISIONS

Article 49. Requirements for conversion of house functions

1. For a housing investment project that has not yet undergone acceptance testing for being put into use, if the project owner wishes to adjust investment objectives, the project’s objectives in its investment policy shall be adjusted in accordance with the investment and housing laws. The adjustment of investment policy for projects using public investment funds must comply with the law on public investment.

2. The conversion of functions of houses that have undergone acceptance testing for being put into use in accordance with the construction law but have not yet been arranged for use must comply with the Housing Law and this Decree.

3. To be eligible for function conversion, houses must comply with Clause 2, Article 124 of the Housing Law and this Article.

4. Function conversion may only apply to the houses specified in Clause 1, Article 124 of the Housing Law; for condominiums, it is allowed to convert the functions of part or the whole of the condominiums.

5. The conversion of functions of houses must not change technical and social infrastructure systems of areas where the houses are located and must conform to the standards and technical regulations specified by the construction law and ensure compliance with financial and tax obligations, for houses eligible for function conversion in accordance with the land, housing and tax laws and relevant laws.

6. Houses eligible for function conversion must have the same funding sources with those of the houses after function conversion.

7. The management of proceeds from lease, lease-purchase and sale of houses after function conversion under projects using public investment funds must comply with Article 60 of this Decree.

Article 50. Competence to approve conversion of house functions

1. The competence to approve the conversion of functions of houses constructed under projects is as follows:

a/ The Ministry of Construction may approve the conversion of functions of houses constructed with central budget funds or houses constructed under projects subject to the Prime Minister’s investment policy approval in accordance with the investment law;

b/ Provincial-level People’s Committees may approve the conversion of functions of houses under projects other than those specified at Point a, Clause 1 of this Article.

2. The competence to approve the conversion of functions of houses not constructed under projects is as follows:

a/ The Ministry of Construction shall approve the conversion of functions of official residences arranged for subjects managed by ministries, ministerial-level agencies, government-attached agencies and other central agencies (below collectively referred to as central agencies) and houses classified as public assets specified at Point d, Clause 1, Article 13 of the Housing Law (below referred to as old houses as public assets) currently managed by central agencies;

b/ Provincial-level People’s Committees shall approve the conversion of functions of official residences and old houses as public assets currently managed by localities.

Article 51. Dossiers and procedures for requesting conversion of functions of houses having undergone acceptance testing for being put into use

1. A dossier of request for conversion of house functions must comprise:

a/ A written request for conversion of house functions, made according to the form provided in Appendix IV to this Decree;

b/ A scheme on conversion of house functions, which must have the following contents: addresses and quantity of houses in need of function conversion; reasons for and necessity of the conversion; duration of the conversion, house type after the conversion, plan on house management and use after the conversion (for lease, lease-purchase or sale in accordance with the housing law), responsibilities of related individuals, agencies and organizations, and performance of financial obligations (if any), and other relevant contents.

c/ A competent agency’s project investment policy decision or approval, and a written record of acceptance testing for putting the house into use in accordance with the construction law, in case of conversion of houses constructed under projects; or a dossier for house management and use, in case of conversion of houses not constructed under projects.

2. Procedures for conversion of functions of houses constructed under a project subject to the Ministry of Construction’s approval are as follows:

a/ The project owner shall make a dossier specified in Clause 1 of this Article and send it to the provincial-level People’s Committee of the locality where the houses are located;

b/ Within 15 days after receiving the dossier, the provincial-level People’s Committee shall examine it and request in writing the Ministry of Construction to approve the conversion of house functions if the dossier complies with Clause 1 of this Article and Article 49 of this Decree. In case the conditions for conversion of house functions are not fully satisfied, the provincial-level People’s Committee shall send a written reply to the project owner, clearly stating the reason;

c/ Within 30 days after receiving the request from the provincial-level People’s Committee enclosed with the dossier specified in Clause 1 of this Article, the Ministry of Construction shall consider and approve the conversion of house functions.

In case the project contents need to be supplemented or clarified, the Ministry of Construction shall request in writing the provincial-level People’s Committee to clarify such contents. When necessary, the Ministry of Construction shall send a consultation request to related agencies and the consulted agencies shall give their written replies within 15 days after receiving the consultation request from the Ministry of Construction. The time for supplementing or clarifying such contents shall not be included in the period of settlement of procedures specified at this Point.

In case the conditions for conversion of house functions are not fully satisfied, the Ministry of Construction shall send a response to the provincial-level People’s Committee, clearly stating the reason for reply to the project owner.

d/ After obtaining the Ministry of Construction’s written approval, the project owner shall manage and use the houses under such approval and the approved scheme.

3. Procedures for conversion of functions of houses constructed under a project subject to approval by the provincial-level People’s Committee are as follows:

a/ The project owner shall make a dossier specified in Clause 1 of this Article and send it to the provincial-level housing management agency of the locality where the houses are located;

b/ Within 15 days after receiving the dossier, the dossier-receiving agency shall examine it and report thereon to the provincial-level People’s Committee of the locality where the houses are located for approval of function conversion if the dossier complies with Clause 1 of this Article and Article 49 of this Decree. In case the conditions for conversion of house functions are not fully satisfied, the dossier-receiving agency shall send a written reply to the project owner, clearly stating the reason.

c/ Within 30 days after receiving the request from the provincial-level housing management agency, the provincial-level People’s Committee shall consider and approve the conversion of house functions. In case the conditions for conversion of house functions are not fully satisfied, the provincial-level People’s Committee shall send a written response to the provincial-level housing management agency, clearly stating the reason for reply to the project owner.

d/ After obtaining the written approval from the provincial-level People’s Committee, the project owner shall manage and use the houses under such approval and the approved scheme.

4. Procedures for conversion of functions of official residences not constructed under a project or old houses as public asset are as follows:

a/ For houses currently managed by the locality, the unit currently assigned to manage the houses shall make a dossier specified in Clause 1 of this Article and send it to the provincial-level housing management agency;

b/ Within 15 days after receiving the dossier, the provincial-level housing management agency shall examine it and send a consultation request to related provincial-level agencies. Within 15 days, the consulted agencies shall give their opinions to the provincial-level housing management agency for the latter to summarize and report thereon to the provincial-level People’s Committee for consideration and approval of the conversion of house functions. In case the scheme’s contents need to be supplemented or clarified, the provincial-level housing management agency shall request in writing the clarification. The time for supplementation or clarification of such contents is not included in the period of settlement of procedures specified at this Point.

In case the conditions for conversion of house functions are not fully satisfied, the provincial-level housing management agency shall give a written reply to the applicant, clearly stating the reason;

c/ For houses currently managed by a central agency, such agency shall make a dossier specified in Clause 1 of this Article and send it to the Ministry of Construction.

Within 15 days after receiving the dossier, the Ministry of Construction shall examine it and send a consultation request to related agencies. Within 15 days, the consulted agencies shall give their written opinions to the Ministry of Construction for consideration and approval of the conversion of house functions. In case the dossier fails to satisfy the law-specified conditions, the Ministry of Construction shall give a written reply, clearly stating the reason, to the agency currently managing such houses.

In case the scheme’s contents need to be supplemented or clarified, the Ministry of Construction shall request in writing the applicant to clarify such contents. The time for supplementing or clarifying the contents is not included in the period of settlement of procedures specified at this Point. In case the conditions for conversion of house functions are not fully satisfied, the Ministry of Construction shall give a written reply to the applicant, clearly stating the reason;

d/ After obtaining the written approval of conversion of house functions from a competent agency specified at Point b or c of this Clause, the agency assigned to manage the houses eligible for function conversion shall manage and use such houses under the written approval specified in Clause 5 of this Article and Article 52 of this Decree.

5. Contents of a written approval of conversion of house functions include:

a/ Address of the house eligible for function conversion;

b/ Name of project owner or agency/unit assigned to manage the house;

c/ Quantity of houses eligible for function conversion;

d/ House functions after the conversion;

dd/ Time limit for the conversion or the auction of the house after the conversion;

e/ Responsibilities of related agencies in the management and use of the house after the conversion under regulations;

g/ Performance of financial obligations upon the conversion or auction (if any);

h/ Other related contents (if any).

Article 52. Management and use of houses after function conversion, for houses having undergone acceptance testing for being put into use

1. After the conversion of their functions, houses shall be used for proper purposes specified in competent agencies’ written approvals.

2. The arrangement of houses for use after function conversion must satisfy requirements on subjects eligible, conditions and procedures for arrangement of houses, sale prices, rent rates and lease-purchase prices applicable to each type of houses eligible for function conversion specified in the housing law.

3. Project owners or representatives of house owners shall manage and operate houses in conformity with requirements for each type of houses eligible for function conversion specified in the housing law.

4. The auction of houses must comply with relevant regulations in order to prevent losses to the state budget.

5. For houses subject to function conversion approval by provincial-level People’s Committees, within 15 days after a written approval of the conversion is obtained, provincial-level People’s Committees shall send such approval to the Ministry of Construction for monitoring and management.

Section 2

SPECIFIC CASES OF CONVERSION OF HOUSE FUNCTIONS

Article 53. Conversion of resettlement houses into social houses

The conversion of resettlement houses into social houses may only be carried out when resettlement houses are no longer needed in areas where exist the houses in need of function conversion and the houses eligible for function conversion have their floor areas conformable with floor area standards for social houses specified in the law on social housing development and management.

Article 54. Conversion of social houses into resettlement houses

The conversion of social houses into resettlement houses may only be carried out when social houses are no longer needed but resettlement houses are needed in areas where exist the houses in need of function conversion.

Article 55. Conversion of official residences into resettlement houses

The conversion of official residences into resettlement houses may only be carried out when official residences are no longer needed but resettlement houses are needed in areas where exist the houses in need of function conversion.

Article 56. Conversion of old houses as public assets into official residences or social houses

1. The conversion of old houses as public assets into official residences may only be carried out when the houses eligible for function conversion have floor areas conformable with floor area standards for official residences as specified in the Prime Minister’s regulations.

2. The conversion of old houses as public assets into social houses may be carried out when the houses eligible for function conversion have floor areas conformable with floor area standards for social houses as specified in the law on social housing development and management.

3. In case the State no longer needs to use old houses as public assets and such houses are ineligible for function conversion under Clauses 1 and 2 of this Article, representatives of owners of such houses shall decide on auction of such houses in accordance with the law on property auction in order to remit the proceeds therefrom to the state budget.

Article 57. Cases in which the Prime Minister decides on the conversion of house functions or conversion of house functions for auction

1. The cases in which the Prime Minister decides to permit the conversion of house functions as specified at Point d, Clause 1, Article 124 of the Housing Law include:

a/ Conversion of social houses classified as public assets into official residences or conversion of official residences into social houses classified as public assets;

b/ Conversion of resettlement houses classified as public assets into official residences;

c/ Conversion of student accommodations or worker houses into social houses for lease, lease-purchase or sale in accordance with the law on social housing development and management;

d/ In case the student accommodations specified at Point c of this Clause or the resettlement houses specified in Article 53 of this Decree are ineligible for conversion into social houses, the project owners shall submit the auction of such houses to the Prime Minister for consideration and approval.

2. Procedures for submitting to the Prime Minister to permit the conversion of functions of the houses specified at Points a, b and c, Clause 1 of this Article are as follows:

a/ The project owner or a representative of the house owner shall make a dossier specified in Clause 1, Article 51 of this Decree and send it to the provincial-level People’s Committee of the locality where the house is located. The provincial-level housing management agency of the locality where the house is located shall make a dossier in case the provincial-level People’s Committee is the representative of the house owner;

b/ Within 15 days after receiving the dossier specified at Point a of this Clause, the provincial-level People’s Committee shall examine it and send a consultation request to related local agencies. If the dossier is valid, the provincial-level People’s Committee shall send its written response enclosed with the dossier to the Ministry of Construction. If the dossier is invalid, the provincial-level People’s Committee shall send a written reply to the housing management agency, clearly stating the reason for reply to the applicant;

c/ Within 15 days after receiving the request from the provincial-level People’s Committee, the Ministry of Construction shall examine the dossier. In case the scheme’s contents need to be supplemented or clarified, the Ministry of Construction shall request in writing the provincial-level People’s Committee to clarify such contents. When necessary, the Ministry of Construction shall send a consultation request to related agencies. The consulted agencies shall send their written opinions within 15 days after receiving the request from the Ministry of Construction. The time for supplementing or clarifying the contents is not included in the period of settlement of procedures specified at this Point. Based on summarized opinions, the Ministry of Construction shall send a report together with the dossier to the Prime Minister for consideration and permission of the conversion of house functions.

In case the conditions for conversion of house functions are not fully satisfied, the Ministry of Construction shall give a written reply to the provincial-level People’s Committee, clearly stating the reason for reply to the applicant;

d/ After obtaining the Prime Minister’s permission for function conversion, for the houses specified at Point a, Clause 1, Article 50 of this Decree, the provincial-level People’s Committee of the locality where the house is located shall send a written request together with the Prime Minister’s permission to the Ministry of Construction for approval of the conversion of house functions. At the request of the provincial-level People’s Committee, the Ministry of Construction shall grant a written approval of the conversion of house functions under Clause 5, Article 51 of this Decree. The time limit for the provincial-level People’s Committee to send the request and for the Ministry of Construction to grant the approval is 30 days.

For the houses specified at Point b, Clause 1, Article 50 of this Decree, the provincial-level People’s Committee shall, based on the Prime Minister’s permission, grant a written approval of the conversion of house functions under Clause 5, Article 51 of this Decree. The time limit for the provincial-level People’s Committee to grant a written approval is 30 days after receiving the Prime Minister’s permission.

3. Procedures for submitting to the Prime Minister for consideration and decision on the conversion of student accommodations or resettlement houses specified at Point d, Clause 1 of this Article and for permission of the auction thereof are as follows:

a/ The project owner or a representative of the house owner shall make a dossier that must comprise: a written request for permission for conversion of house functions for house auction; and a house auction scheme with the following contents: addresses and quantity of to-be-auctioned houses, responsibilities of related agencies, and other contents specified in the law on property auction;

b/ The project owner or a representative of the house owner shall send the dossier specified at Point a of this Clause to the provincial-level People’s Committee of the locality where the house is located. After receiving the dossier, the provincial-level People’s Committee shall examine it, and send a written request enclosed with the dossier to the Prime Minister for consideration and decision if the conditions for conversion of house functions and for house auction are satisfied. The time limit for the provincial-level People’s Committee to examine the dossier and submit it to the Prime Minister is 30 days from the date of receipt of the dossier.

c/ Based on the request of the provincial-level People’s Committee and the enclosed dossier, the Prime Minister shall consider and permit or refuse to permit the conversion of house functions for house auction;

d/ After obtaining the Prime Minister’s permission for auction of the house, the project owner or a representative of the house owner shall hold the auction in accordance with the law on property auction. The provincial-level People’s Committee shall supervise the auction under regulations so as to prevent loss of assets.

Chapter X

MANAGEMENT AND USE OF HOUSES CLASSIFIED AS PUBLIC ASSETS

Section 1

GENERAL PROVISIONS

Article 58. Agencies in charge of management of houses classified as public assets and their responsibilities

1. Agencies in charge of management of houses classified as public assets that are assigned by representatives of house owners specified in Article 14 of the Housing Law to manage and use houses include:

a/ Agencies assigned with the house management function under central agencies, for central agencies;

b/ Provincial-level housing management agencies, for localities;

c/ Education institutions, for education institutions assigned to manage student dormitories built before the effective date of the 2005 Housing Law.

2. Agencies in charge of management of houses classified as public assets as specified in Clause 1 of this Article have the following responsibilities:

a/ To review, make statistics on, and classify houses assigned to them for management; to receive self-managed houses from the agencies currently managing such houses for management and use in accordance with the housing law;

b/ To formulate house maintenance, renovation or reconstruction plans for submission to the house owner-representing agencies for consideration and decision, or decide on house maintenance if they are assigned by the house owner-representing agencies;

c/ To make and keep house dossiers and hand deliver as-built dossiers (for newly built houses) or re-survey dossiers (for old houses as public assets) to house operation management units;

d/ To set up a council for determination of house sale prices, which shall be composed of representatives of provincial-level specialized agencies in the fields of construction, natural resources and environment, finance, and planning and architecture (if any), in case of sale of old houses as public assets that have been arranged for use in accordance with the housing law; and a representative of the Ministry of National Defense, in case of sale of old houses as public assets managed by the Ministry of National Defense;

dd/ To report on the contents specified in Clause 1, Article 15 of the Housing Law to the house owner-representing agencies for decision, except cases in which they are assigned by the house owner-representing agencies as specified in Clause 3, Article 15 of the Housing Law;

e/ To purchase, sell, lease-purchase houses assigned to them for management;

g/ To manage, inspect and urge the sale, lease, lease-purchase, warranty, maintenance, and operation management of houses; to coordinate with same-level finance agencies in providing guidance on revenues and expenditures of house operation management units in accordance with the housing law and relevant laws; to summarize and report on the management and use of houses to competent agencies in accordance with regulations;

h/ To inspect, and handle violations according to their competence or propose competent agencies to handle violations in the management and use of houses classified as public assets;

i/ To perform other tasks specified by law and assigned by the house owner-representing agencies.

Article 59. Units in charge of operation management of houses classified as public assets and condominium operation management service charges

1. Units in charge of operation management of houses classified as public assets are units assigned by the house owner-representing agencies to manage the operation of houses under Clause 5, Article 125 of the Housing Law.

For cases subject to bidding for selection of house operation management units in accordance with the Housing Law, provincial-level People’s Committees shall directly, or authorize provincial-level housing management agencies to, hold bidding to select contractors to act as house operation management units in accordance with the bidding law.

2. Units in charge of operation management of houses classified as public assets have the following rights and responsibilities:

a/ To receive houses assigned by competent agencies specified in Article 14 of the Housing Law and Article 58 of this Decree for operation management in accordance with regulations;

b/ To lease, and manage the use of, houses according to their designated tasks or under house operation management service contracts signed with housing management agencies;

c/ To manage house floor areas not yet put for sale within the premises of houses;

d/ To set aside part of collected rental amounts specified in Article 60 of this Decree for house operation management under regulations;

dd/ To collect and archive dossiers related to the construction, operation, warranty, maintenance and renovation of houses; to supplement and recover dossiers and carry out house re-measurement in case dossiers are incomplete and hand over the supplemented dossiers to housing management agencies for archive under regulations;

e/ To maintain and renovate houses if assigned by competent agencies;

g/ To inspect and monitor to promptly detect and propose competent agencies to handle violations in house management and use; to recover houses under competent agencies’ decisions;

h/ To coordinate with local competent agencies in ensuring security and order for house lessees, lessees-purchase and users;

i/ To summarize and report periodically or extraordinary on house management and use under Article 61 of this Decree;

k/ To account and report on revenues and expenditures from/for house operation management under regulations and perform other responsibilities in accordance with law.

3. Specific expenses constituting condominium operation management service charge rates and methods of determination of condominium operation management service rates are provided in Appendix VII to this Decree.

Provincial-level People’s Committees shall promulgate condominium operation management service charge rate frames in their localities under Clause 7, Article 151 of the Housing Law. If there are changes in relevant regulations and local socio-economic conditions that result in an increase or a decrease of 10 percent or more in expenses for condominium operation management services compared with the service charge rate frame promulgated by the provincial-level People’s Committee as specified in this Clause, the provincial-level People’s Committee shall promulgate a new charge rate frame for condominium operation management services for application in the locality.

Article 60. Management of proceeds from lease, lease-purchase and sale of houses classified as public assets

1. The use of proceeds from lease, lease-purchase and sale of houses classified as public assets is as follows:

a/ Proceeds from the lease of houses shall be used for maintenance and operation management of houses, and management of lease of houses classified as public assets currently on lease;

b/ Proceeds from the lease-purchase or sale of houses shall, after subtracting expenses for sale of houses, be remitted into the state budget by house sellers under the current regulations on budget decentralization, except the case specified in Clause 3 of this Article.

2. For houses classified as public assets of localities which are condominiums not yet put for lease, the agencies assigned to manage the operation of such houses shall report to provincial-level People’s Committees for allocation of local budgets’ funds for recurrent expenditures in accordance with the law on the state budget for house operation management until such houses are put for lease.

3. For houses classified as public assets specified at Point d, Clause 1, Article 13 of the Housing Law which are currently managed and sold to current lessees by the Ministry of National Defense or for construction of social houses for lease-purchase, the proceeds from the sale or lease-purchase of such houses shall be remitted into the account managed by the Ministry of National Defense for reinvestment in the construction of social houses for the beneficiaries specified in Clause 7, Article 76 of the Housing Law to rent or rent-purchase. Before the house construction commences, the Ministry of National Defense shall obtain the Ministry of Construction’s consent to the use of such funds and reinvestment in the house construction. After the house construction is completed, the Ministry of National Defense shall report thereon to the Ministry of Construction for summarization and reporting to the Prime Minister.

4. The management and use of proceeds from the lease, lease-purchase and sale of houses classified as public assets are as follows:

a/ House operation management units shall collect and remit the proceeds from the lease, lease-purchase and sale of houses classified as public assets or guide the lessees, lessees-purchase and purchasers of houses classified as public assets to directly remit money into the suspense account opened at the State Treasury before the 30^th of every month;

b/ Specific expenses and expense levels for house operation management units being public non-business units include:

Management expenses, including regular expenses. i.e., expenses for regular activities based on functions and tasks assigned by competent authorities, such as salaries, remunerations and salary-based allowances; social insurance premiums, health insurance premiums and other deductions specified by current regulations; expenses for public services: electricity, water, environmental sanitation and other services; expenses for procurement of office supplies: office tools and equipment, file cabinets, tables and chairs, stationery for units’ operation; expenses for regular repair of fixed assets; expenses for fixed asset depreciation (if any); and other law-specified expenses (if any); and irregular expenses (if any), including expenses for equipment procurement, and other law-specified expenses (if any);

Valid expenses (if any), including law-specified payable taxes; fees and charges; other law-specified valid expenses (if any).

c/ Expenses for operation management for house operation management units being enterprises include expenses for managerial staff, stationery and office supplies and fixed asset depreciation; taxes, fees and charges; contingency expenses; outsource services and expenses for verification of the final settlement of expenses; and other monetary expenses;

d/ Expenses for operation of councils for determination of sale prices of old houses as public assets include expenses for meetings, overtime work, price surveys (if any), stationery, document printing and archive, and other expenses for the determination of sale prices of old houses as public assets;

dd/ Levels of expenses with norms, standards and unit prices specified by competent state agencies must comply with current regulations. Expenses for public services shall be paid according to actual invoices or determined based on the work volume that needs to be performed and the agreed contracting levels stated in service provision contracts. Heads of agencies shall consider and decide on expenses other than those mentioned above in compliance with the State’s current financial management regime and take responsibility for their decisions;

e/ Other contents related to the estimation and final settlement of revenues and expenditures from/for the lease, lease-purchase and sale of houses classified as public assets and operation management of houses classified as public assets specified in this Article must comply with the law on the state budget.

Article 61. Reporting on the management of houses classified as public assets

1. Reporting on the management of houses classified as public assets is as follows:

a/ House operation management units shall report to housing management agencies;

b/ Housing management agencies shall report to owner-representing agencies, for houses assigned to them for management;

c/ Provincial-level People’s Committees or central agencies currently managing houses classified as public assets shall report to the Ministry of Construction on the management and use of houses under their management;

d/ The Ministry of Construction shall, at the request of the Prime Minister, sum up and report on the management and use of houses classified as public assets nationwide.

2. Reporting contents and regime are as follows:

a/ Contents of a report include: total number of houses classified as public assets and usable area of each type of houses (apartments, independent houses); total number of houses currently put for lease or lease-purchase or sold houses; proceeds from the lease, lease-purchase or sale of houses by the time of reporting; and cases of house recovery and function conversion, and the management and use of houses after the recovery or conversion;

b/ The agencies specified at Points a, b and c, Clause 1 of this Article shall report on house management and use every December or at the request of the Prime Minister and Ministry of Construction.

Section 2

LEASE OF OLD HOUSES AS PUBLIC ASSETS

Article 62. Subjects entitled to rent old houses as public assets

1. Subjects that are currently using houses arranged by the State for use before January 19, 2007 (the date of issuance of the Prime Minister’s Decision No. 09/2007/QD-TTg on arrangement and re-handling of houses and land) include:

a/ Households and individuals that are currently using houses and have signed house rent contracts with competent agencies;

b/ Households and individuals that are currently using houses and have not signed house rent contracts but have obtained house distribution or arrangement decisions or documents (below collectively referred to as house arrangement documents) and have their names stated in house arrangement documents, including also cases in which houses were constructed with the state budget funds under the State’s permission before November 27, 1992 (the date of issuance of the Prime Minister’s Decision No. 118/TTg on house rent rates and inclusion of housing rental in salaries, below referred to as Decision No. 118/TTg), but such houses were completely constructed and put into use on or after November 27, 1992, for distribution for lease under Decision No. 118/TTg, and cases in which people who rented houses before November 27, 1992, but were subject to work transfer and required by the State to return the houses but later leased other houses by state agencies after November 27, 1992;

c/ Households and individuals that are currently using houses other than those specified at Points a and b of this Clause but falling into the cases specified in Clause 3, Article 63 of this Decree.

2. Subjects currently using houses from the acquisition of the right to rent houses are those specified at Points a and b, Clause 1 of this Article, including also those acquiring the right to rent houses after January 19, 2007.

Article 63. Conditions for renting old houses classified as public assets

1. For those having signed house rent contracts with competent agencies, they may continue to rent houses under such contracts unless they no longer need to rent the houses.

2. For those not specified in Clause 1 of this Article, they must be those having house arrangement documents specified at Point b, Clause 1, Article 62 of this Decree and being free from disputes over house use rights.

3. For those specified at Point c, Clause 1, Article 62 of this Decree, they must be those free from disputes over house use rights or not falling into the case of house appropriation and possessing one of the documents proving house use issued by competent agencies before January 19, 2007, including:

a/ Papers on permanent residence registration or temporary residence registration as specified by the residence law at the time of house use;

b/ Papers on house registration and declaration;

c/ Receipts of annual land use levy payment.

4. For those specified in Clause 2, Article 62 of this Decree, they must have obtained the written approval of housing management agencies for acquisition of the house lease right by the time of carrying out procedures for the signing of house rent contracts under Article 65 of this Decree and be free from disputes over the house use right.

Article 64. Determination of time of arrangement of old houses as public assets for use

1. For those currently using old houses as public assets and having signed house rent contracts, the time of arrangement of houses for use shall be determined as follows:

a/ In case of having signed a house rent contract but not falling into the case specified at Point b or c of this Clause, the time of arrangement of the house for use shall be determined based on the time stated in the contract, or the time of contract signing if the time of house arrangement is not stated in the contract;

b/ In case having signed a house rent contract but the current house user has a house arrangement document bearing his/her name before the date of contract signing, the time of house arrangement shall be determined based on the time stated in the document, or the time of issuance of the document if the time of house arrangement is not stated in the document;

c/ In case of having signed a house rent contract but not falling into the case specified at Point b of this Clause and the current house user has papers proving that he/she has paid the rental before signing the contract, the time of house arrangement shall be determined based on the time of rental payment. If the competent agency has retrospectively collected the rental (with papers proving such retrospective collection) upon the signing of the house rent contract, the time of house arrangement shall be determined based on the time of retrospective collection of rental;

dd/ If falling into the case of renewing house rent contracts, based on each case of house use, the determination of the time of house arrangement must comply with Point a, b or c of this Clause and be stated in the renewed contract.

2. For those currently using houses and having no house rent contracts but having their names stated in house arrangement documents, the determination of the time of house arrangement must comply with Point b, Clause 1 of this Article.

3. For those currently using houses and having papers specified in Clause 3, Article 63 of this Decree, the time of house arrangement shall be determined based on the date of grant of papers proving the use of such houses by competent agencies.

4. For those currently using houses and eligible for acquisition of the house lease right specified in Clause 2, Article 62 of this Decree but not having their names stated in house rent contracts or house arrangement documents, the determination of the time of house arrangement is specified as follows:

a/ In case of acquiring a house rent contract specified at Point a, Clause 1 of this Article, the time of house arrangement shall be determined based on the date of signing of the initial house rent contract;

b/ In case of acquiring a house arrangement document specified at Point b, Clause 1 of this Article, the time of house arrangement shall be based on the document, or the date of issuance of the document if the time of house arrangement is not stated in the document;

c/ In case of acquiring a house rent contract specified at Point c, Clause 1 of this Article, the time of house arrangement shall be based on papers proving the payment of rental.

5. In case the all-people ownership has been established over old houses as public assets by the State after January 19, 2007, but those currently using such houses fall into the cases specified in Article 62 of this Decree, the time of house arrangement shall be determined on a case-by-case basis under this Article.

Article 65. Dossiers, order and procedures for rent of old houses classified as public assets

1. Procedures for rent of old houses classified as public assets shall be carried out for those currently using houses specified in Article 62 of this Decree but having not yet signed house rent contracts with competent agencies, or for those re-signing house rent contracts.

2. A dossier of request for signing of a contract to rent an old house classified as a public asset must comprise:

a/ An application for rent of old house classified as public asset, made according to Form No. 02 provided in Appendix V to this Decree;

b/ A certified copy, or a copy enclosed with the original for collation, of the document proving the house arrangement for the applicant in one of the cases specified at Point b, Clause 1, Article 62; or Clause 3, Article 63, of this Decree; one of the documents specified at Point a or b, Clause 1, Article 62; or Point c, Clause 1, Article 64, of this Decree, if the current user of the house acquires the right to rent the house; or a certified copy, or a copy enclosed with the original for collation, of the marriage certificate, if the applicant is a married couple;

c/ A certified copy, or a copy enclosed with the original for collation, of the document proving the applicant’s eligibility for house rental exemption or reduction (if any) as specified in Clause 3, Article 67 of this Decree.

3. A dossier of request for re-signing of a contract on rent of an old house classified as a public asset must comprise:

a/ An application for rent of old house classified as public asset, made according to Form No. 02 provided in Appendix V to this Decree;

b/ The original of the house rent contract signed with a competent agency.

4. The order and procedures for rent of an old house classified as a public asset in case no house rent contract is available are as follows:

a/ The applicant shall hand-deliver 1 dossier specified in Clause 2 of this Article, or send it by post or submit it online to the house operation management unit or the housing management agency (as designated by the house owner-representing agency);

b/ The dossier-receiving agency shall check the dossier and issue a receipt; in case the applicant is ineligible to rent houses, such agency shall issue a notice, clearly stating the reason to the applicant.

In case the dossier is incomplete, the dossier-receiving agency shall immediately guide the applicant to complete the dossier, in case the dossier is hand-delivered, or within 5 working days, the dossier-receiving agency shall issue a notice to the applicant for the latter to complete the dossier under regulations, but may not return the dossier for re-submission. In case the dossier recipient is the house operation management unit, it shall report thereon to the housing management agency for the latter to consider and propose the house owner-representing agency to decide on the rent of the house;

c/ Within 15 days after receiving a complete and valid dossier, the housing management agency shall check the dossier, make and submit a report, enclosed with a draft decision approving a subject eligible to rent the old house, to the house owner-representing agency for consideration and decision;

d/ Within 15 days after receiving the report from the housing management agency, the house owner-representing agency shall consider and issue a decision approving a subject eligible to rent the house. Such decision shall be sent to the housing management agency for notification to the house operation management unit for the latter to sign a house rent contract. In case the Ministry of National Defense currently manages such old house and assigns a housing management agency to decide on a subject eligible to rent the house, such agency shall issue a decision approving a subject eligible to rent the house.

After the decision approving a subject eligible to rent the old house is issued, the house operation management unit shall sign a contract with the lessee.

5. The order and procedures for signing a house rent contract in case the current user of the house acquires the right to rent the house as specified in Clause 2, Article 62 of this Decree are as follows:

a/ In case the current user of the house acquired the right to rent the house before June 6, 2013 (the effective date of the Government’s Decree No. 34/2013/ND-CP of April 22, 2013, on management and use of state-owned houses, below referred to as Decree No. 34/2013/ND-CP), the applicant for rent of the house shall hand-deliver 1 dossier specified in Clause 2 of this Article, or send it by post or submit it online to the house operation management unit or the housing management agency.

Within 15 days receiving a valid dossier, the dossier-receiving agency shall post information on the house put for lease on 3 consecutive issues of a local newspaper and on its portal; in case the dossier recipient is the housing management agency, it shall forward information to the house operation management unit for posting.

After 30 days since the last time of posting information, if there is no dispute over or lawsuit against the house put for lease, the house operation management unit shall sign a contract with the lessee and report such to the housing management agency for monitoring and management; if there arises a dispute over or lawsuit against the house, a house rent contract may be signed only after such dispute or lawsuit has been settled;

b/ In case the current user of the house acquires the right to rent the house on or after June 6, 2013, the applicant for rent of the house shall hand-deliver 1 dossier specified in Clause 2 of this Article, or send it by post or submit it online to the house operation management unit or the housing management agency.

In case the dossier recipient is the housing management agency, it shall check the dossier and, if finding that the house is free from any dispute or lawsuit, it shall, within 15 days after receiving a complete and valid dossier, issue a document approving the transfer of the right to rent the house, then send such document enclosed with a copy of the dossier of application for rent of the house to the house operation management unit for signing a contract with the lessee.

In case the dossier recipient is the house operation management unit, it shall, within 10 days after receiving a dossier, check the dossier and report such to the housing management agency for the latter to consider and issue a document approving the transfer of the right to rent the house before signing a contract; if the housing management agency disapproves the transfer, it shall issue a written reply, clearly stating the reason to the applicant.

6. The order and procedures for re-signing a contract on rent of an old house classified as a public asset are as follows:

a/ At least 30 days before the house rent contract expires, the current lessee shall hand-deliver 1 dossier specified in Clause 3 of this Article, or send it by post or submit it online to the house operation management unit or the provincial-level housing management agency;

b/ Within 15 days after receiving a dossier of request for re-signing the contract, the dossier-receiving agency shall check the dossier and, if finding that the lessee is still eligible to rent the house under Articles 62 and 63 of this Decree, send a written notice to the lessee, stating the time and place for re-signing of the house rent contract; if the lessee is no longer eligible to rent  the house, such agency shall issue a written notice, clearly stating the reason to the lessee.

The applicant for re-signing a house rent contract shall re-sign the contract within 15 days after receiving the notice from the dossier-receiving agency.

7. In case of signing or re-signing a house rent contract, if the actually used house area differs from that stated in the document on house distribution or arrangement or the house rent contract, the house operation management unit shall, before signing the house rent contract, check and re-determine the lawfully used house area.

8. The term of a contract on rent of an old house classified as a public asset is 5 years from the date of its signing, unless the lessee wishes to rent the house for a shorter term.

Article 66. Rental rates of old houses classified as public assets

1. For houses arranged for use before July 5, 1994 (the date of promulgation of the Government’s Decree No. 61/CP on purchase, sale and trading of houses, below referred to as Decree No. 61/CP) which have yet to be renovated or reconstructed, the rental rates shall be determined based on the rental rates of houses issued by provincial-level People’s Committees as specified in Clause 3 of this Article.

2. For houses arranged for use before January 19, 2007, which have been renovated or reconstructed by the State, or for non-residential buildings arranged for residential purpose in the period between July 5, 1994, and before January 19, 2007, the rental rates are those applicable to social houses classified as public assets.

3. Based on the standard rental rate tariff provided in Appendix VI to this Decree and the rental rates currently applied by localities before the effective date of this Decree, provincial-level People’s Committees shall set specific rental rates for old houses as public assets in their localities in conformity with urban grading, location, number of stories and technical infrastructure conditions of houses put for lease and with socio-economic conditions of localities at the time of determining the rental rates in accordance with this Decree.

Based on the past use duration, level of damage and deterioration of a house on lease, and the amount paid by the lessee to repair the damage of the house, the provincial People’s Committee shall decide to reduce the rental rate of the house by no more than 30% of the amount payable according to the standard rental rate provided in Appendix VI to this Decree.

In case the State adjusts wages, provincial-level People’s Committees shall adjust house rental rates corresponding to the wage adjustment rate.

Article 67. Exemption from or reduction of rental rates for old houses classified as public assets

1. The exemption from or reduction of rental rates for old houses classified as public assets must adhere to the following principles:

a/ Persons eligible for rental exemption or reduction must be those whose names are stated in a house rent contract (including the person undersigning the contract and other persons whose names are stated in the contract);

b/ Rental exemption or reduction may be considered only once for the lessee; a person who rents multiple houses classified as public assets may enjoy rental exemption or reduction for only one house;

c/ A person who is eligible for rental exemption or reduction in multiple cases may only enjoy the highest exemption or reduction level;

d/ Rental exemption will be granted in case two or more members of a household as current lessees are eligible for rental reduction.

2. Subjects eligible for, and levels of exemption from or reduction of rental rates for old houses classified as public assets:

a/ People with meritorious services to the revolution are entitled to rental exemption or reduction at levels provided by law;

b/ Poor households and near-poor households as provided by law at the time of approving rental exemption or reduction; people with disabilities, the elderly benefiting from social protection policies and urban dwellers who suffer extreme housing difficulties are entitled to a 60% reduction of payable rental amounts; for poor households and near-poor households, the reduction shall be calculated for the whole households (but not for each household member).

3. Documents proving the eligibility for exemption from or reduction of rental rates for old houses classified as public assets:

a/ Proof documents issued by competent agencies in accordance the law on preferential treatment toward people with meritorious services to the revolution, for people with meritorious services to the revolution;

b/ Certificates granted by competent agencies in accordance with the law on people with disabilities or under the policy on support for social protection beneficiaries, for people with disabilities or the elderly;

c/ Certificates granted by People’s Committees of communes, wards or townships (below collectively referred to as commune-level People’s Committees) of the localities where the concerned subjects are permanent residents or have been temporary residents for 1 year or more, for members of poor households or near-poor households in urban areas.

Section 3

SALE OF OLD HOUSES CLASSIFIED AS PUBLIC ASSETS

Article 68. Types of old houses classified as public assets not permitted for sale

1. The following types of old houses classified as public assets are not permitted for sale:

a/ Houses located in areas planned for construction of official residences or planned for construction of works of national important projects in accordance with law;

b/ Houses for which land recovery or house recovery decisions have been issued by competent state agencies;

c/ Non-residential buildings currently arranged for residential purpose and undergoing house or land handling or rearrangement procedures in accordance with the law on management and use of public assets;

d/ Houses attached to historical or cultural relics ranked under competent state agencies’ decisions; houses planned for use as official residences, working offices, schools, hospitals, parks or public works as approved by competent agencies;

dd/ Condominiums subject to demolition specified in Clause 2, Article 59 of the Housing Law;

e/ Apartments other than self-contained apartments which have yet to be renovated by the State, except cases in which lessees have performed the renovation by themselves before the effective date of this Decree and are independently and voluntarily using the apartments with the consent stated in their written commitments when applying for house purchase;

g/ Villas on the list of not-for-sale villas as reported by provincial-level People’s Committees and approved by the Prime Minister before the effective date of this Decree, and other villas as reported by provincial-level People’s Committees to provincial-level People’s Councils for decision.

2. When the State handles not-for-sale houses specified in Clause 1 of this Article, the current lessees will be entitled to resettlement arrangement on a case-by-case basis in accordance with the policies on handling of houses and residential land specified in Clause 1 of this Article.

Article 69. Subject eligible and conditions for purchase and conditions for sale of old houses classified as public assets

1. Subjects eligible to purchase old houses classified as public assets must be the current users of such houses specified in Article 62 of this Decree.

2. To purchase an old house classified as a public asset, a person must meet the following conditions:

a/ Filing an application for purchase of old house classified as public asset, made according to Form No. 03 provided in Appendix V to this Decree;

b/ Having a house rent contract signed with the house operation management unit and having his/her name stated in such contract (the eligible purchasers include the person who undersigns the house rent contract and other persons aged full 18 years or older whose names are stated in the contract); in case more than one person undersigns the rent contract, these persons shall agree to appoint a representative to sign the house purchase and sale contract with the housing management agency;

c/ Having fully paid the house rental under the house rent contract as well as house operation management expenses (if any) by the time of signing the house purchase and sale contract.

In case the lessee starts using the house before the time of signing the house rent contract, or the house rent contract has been signed but the State has not yet collected the rental, the lessee shall retrospectively pay the rental for the actual use duration of the house at the following rate: for the house use duration before January 19, 2007, the rental rate must comply with the Prime Minister’s Decision No. 118/TTg of November 27, 1992, on house rental rates and inclusion of housing costs in salaries; for the house use duration on and after January 19, 2007, the rental rate must comply with the Prime Minister’s Decision No. 17/2008/QD-TT of January 28, 2008, promulgating standard rental rates for state-owned houses that have not been renovated or reconstructed, in accordance to this Decree.

3. Conditions for houses to be permitted for sale:

a/ The houses do not fall into the cases specified in Article 68 of this Decree;

b/ The houses currently on lease are those arranged for use before January 19, 2007;

c/ For houses subject to establishment of all-people ownership under the National Assembly’s Resolution No. 23/2003/NQ11 of November 26, 2003, on houses and land managed and arranged for use by the State during the implementation of house and land management policies and socialist reformation policies before July 1, 1991, and the National Assembly Standing Committee’s Resolution No. 755/2005/NQ-UBTVQH11 of April 2, 2005, on settlement of a number of specific cases concerning houses and land arising during the implementation of house and land management policies and socialist reformation policies before July 1, 1991, competent state agencies shall complete procedures for establishment of all-people ownership and sign house rent contracts under regulations before selling such houses;

d/ For non-residential buildings arranged for residential purpose before January 19, 2007, such a building must meet the following conditions: The land area under such building has independent premises or can be separated from the premises of the working offices; the building has different passageways and neither blocks the frontage of working offices nor affects the surrounding spaces and landscapes; the agency or unit currently using the building no longer needs to use it and the building conforms with the approved master plan on residential land use in the locality.

The agency or unit that no longer needs to use the building specified at this Point shall hand over such building to the provincial-level People’s Committee of the locality where such building is located for management and sale under this Decree, except houses currently managed by the Ministry of National Defense;

dd/ In case a house is transferred by an agency or unit that has houses under its management to a housing management agency for management, or the agency or unit managing such house does no longer exist but, at the time of receipt, such house has been demolished and reconstructed, the housing management agency shall still receive the house and, on a case-by-case basis, sell such house to the current lessee at the price specified in Article 71 of this Decree without having to carry out procedures for signing a house rent contract.

4. Non-residential buildings arranged for residential purpose before January 19, 2007, but failing to fully meet the conditions for sale specified at Point d, Clause 3 of this Article, and houses arranged for use on or after January 19, 2007, must be managed and handled in accordance with the law on management and use of public assets.

Article 70. Agencies in charge of selling old houses classified as public assets

1. Provincial-level People’s Committees and the Ministry of National Defense shall take responsibility for selling, and assign housing management agencies to sell, old houses classified as public assets in accordance with this Decree.

2. For old houses classified as public assets which are located in localities but currently managed by the Ministry of National Defense, if the Ministry of National Defense wishes to hand over such houses to provincial-level People’s Committees of the localities where such houses are located for management and sale, it shall reach agreement with provincial-level People’s Committees on the handover and receipt of such houses. After receiving such houses from the Ministry of National Defense, provincial-level People’s Committees shall act as the owner’s representatives of such houses and manage, lease or sell them in accordance with this Decree.

Article 71. Sale prices of old houses classified as public assets

1. The sale price of a house specified in this Article in inclusive of the house price and land use levy for the land area within the premises of such house.

2. The sale price of an old house classified as a public asset arranged for use before July 5, 1997, even in case the house is subject to establishment of all-people ownership under regulations (regardless of whether one or multiple house(s) is/are purchased), is as follows:

a/ The house price shall be determined based on the residual value of the house and the use value adjustment coefficient; the residual value of the house shall be determined based on the percentage of the current quality of the house multiplied by (x) the price of a newly built house issued by the provincial-level People’s Committee and effective at the time of signing the house purchase and sale contract, and multiplied by (x) the usable area of the house.

For a villa involving multiple households and involving a shared-use area, such shared-use area shall be distributed to each household according to its house use area (m²). For grade-IV houses demolished and reconstructed before the effective date of the Government’s Decree No. 99/2015/ND-CP of October 20, 2015, detailing and guiding the implementation of a number of articles of the Housing Law (below referred to as Decree No. 99/2015/ND-CP), their residual value is 0 (zero).

For grade-I, grade-II and grade-III houses demolished and reconstructed before the effective date of the Government’s Decree No. 30/2021/ND-CP of March 26, 2021, amending and supplementing a number of articles of Decree No. 99/2015/ND-CP, their residual value shall be determined based on the actual state of the houses at the time of house arrangement stated in the document proving the house arrangement specified in Article 62 of this Decree; in case the document specified at this Point states the grade of the house but does not state the current quality, the current quality of the house shall be determined to be equal to 50% of the value of the house of such grade; in case the grade of the house is not stated, the current quality of the house shall be determined to be equal to 50% of the value of a grade-III house for use as a basis for calculating the house sale price;

b/ Land use levy for the land area within the premises of a house upon transfer of land use rights together with sale of such house shall be calculated based on the land price list promulgated by the provincial-level People’s Committee and effective at the time of signing the purchase and sale contract, and based on the location of the land parcel and number of stories of the house, specifically as follows:

For a multi-story house occupied by multiple households, land use levy is equal to 10% of the residential land price upon transfer of land use rights and distributed to each story according to its corresponding coefficient;

For a single-story house or multi-story house occupied by one household or a villa occupied by one household or multiple households, land use levy is equal to 40% of the residential land price upon transfer of land use rights, for the land area within the residential land limit specified by the provincial-level People’s Committee for each household; or equal to 100% of the residential land price, for the area exceeding the residential land limit specified by the provincial-level People’s Committee for each household. The residential land limit specified at this Point shall be determined in accordance with the land law at the time of submitting the sale price.

For a villa occupied by multiple households, land areas used for calculation of the land use levy amount payable by each household include the private-use land area free from dispute; the land area for villa construction distributed to each household based on its house usable area corresponding to story coefficient; and the shared-use land area within the premises of the villa distributed to the sharing households (calculated according to the number of households currently using the villa). The land use levy amount payable by each household shall be calculated for the land area for construction of the villa occupied by multiple households first and for the remaining areas later.

Provincial-level People’s Committees shall specify the distribution of land areas upon sale of villas as suitable to local realities;

c/ For an old house constructed partially with individuals’ and collectives’ contributed money amounts not from the state budget, the house price shall be calculated under Point a of this Clause but the purchaser(s) will have his/her/their contributed amounts deducted (in percentage (%) of the contributed amounts to the finally settled value of the house); land use levy shall be calculated under Point b of this Clause.

In case an individual has been allocated land by an agency or unit for self-construction of a house and expenses for the house construction are not from the state budget, the land law shall apply;

d/ In case a house has been liquidated or sold by the State under the previous policy on house liquidation and sale in which the State has only collected the house price but not yet calculated the land use levy, land use levy shall be collected under Point b of this Clause;

dd/ In case an old house classified as a public asset arranged for lease is subject to renovation or reconstruction, if the lessee wishes to continue to rent such house after it is renovated or reconstructed, the rental rate shall be determined under Clause 2, Article 66 of this Decree; if the lessee wishes to purchase such house after it is renovated or reconstruct, he/she may purchase the usable area stated in the previous house rent contract at the price specified at Points a and b of this Clause, or Points a and b, Clause 3, of this Article; in case the usable area of the house after its renovation or reconstruction is larger than the area stated in the previous house rent contract, the purchaser shall pay for the larger area at the sale price of resettlement houses per square meter as stated in the approved compensation, support and resettlement plan;

e/ For a single-story or multi-story house occupied by multiple households and involving a shared-use area of houses or residential land, such shared-use area may only be sold to the households currently using such area if all the households so agree in writing and it is required to clearly define the distribution of the area to each household; the house price and land use levy for the shared-use area in this case shall be calculated under Points a and b of this Clause.

If the households disagree to the distribution of the shared-use area, the housing management agency will not sell this area and shall manage it in accordance with this Decree and the housing law.

In case a house specified at this Point has an area under private ownership and an area of old house classified as public asset, the distribution of the shared-use area shall also be determined for each apartment; the sale of the shared-use area after being distributed to apartments classified as public assets must comply with this Point;

g/ For a multi-story house other than a condominium that is occupied by multiple households, in case the State has sold part of the house area to the purchaser, and the remaining area is left unused but is damaged and the State no longer needs to use it, if the purchaser of such part of the house area wishes to purchase the remaining area, the provincial-level People’s Committee may sell such area at the market price. If such purchaser does not wish to purchase the remaining area, the provincial-level People’s Committee shall advance the local budget’ funds for recurrent expenditures in accordance with the law on the state budget to cover expenses for relocation, compensation, support and resettlement for the purchaser under the land law and organize an auction of the whole of such house and land under regulations on sale of public assets; the proceeds from the auction shall be remitted to the local budget.

 3. The sale price of houses or non-residential buildings arranged for households and individuals for residential purpose in the period between July 5, 1994, and before January 19, 2007 (including also houses subject to establishment of all-people ownership, and regardless of whether one or multiple house(s) is/are purchased), which is inclusive of the house price and land use levy, is as follows:

a/ The house price shall be determined under Point a, Clause 2 of this Article;

b/ The land use levy for the land area within the premises of the house upon transfer of land use rights together with sale of the house shall be determined to be equal to 100% of the residential land price specified in the land price list issued by the provincial-level People’s Committee and effective at the time of signing the purchase and sale contract, regardless of whether the land area is within or beyond the residential land limit.

4. The method for determining the residual value of houses, house use value adjustment coefficient, and coefficient used for distribution to stories of a house upon transfer of land use rights are provided in Appendix VIII to this Decree; the minutes for determining the residual value of old houses shall be made according to Form No. 01 provided in Appendix IX to this Decree.

Article 72. Determination of usable areas and grading of old houses classified as public assets

1. The determination of usable areas and grading of old houses classified as public assets are as follows:

a/ Subject to classification are independent houses, villas or multi-apartment buildings (multi-household houses, multi-apartment buildings);

b/ The usable area (m²) of each apartment is inclusive of the living area and auxiliary area for separate use; for multi-apartment buildings, the usable area of each apartment is inclusive of the separate use area of ​​that apartment plus (+) the shared-use auxiliary area for multiple households distributed according to the ratio of the living area of each apartment (if any);

c/ The area of ​​rooms and other spaces shall be measured by net saleable area (excluding walls, partitions and columns, inclusive of plastering, but not excluding the thickness of the baseboard or wall cladding);

d/ The circulation area of shared-use ​​stair chambers and corridors for apartments; and the entrance to the house or each floor are not included in the usable area of ​​the house.

2. The usable area (m²), inclusive of the living area and auxiliary area, is calculated as follows:

a/ The living area is the total area of ​​main rooms used for residential purpose, including rooms in the apartment (dining room, bedrooms, common room, living room, etc.); rooms and bedrooms in multi-household houses; wall cabinets, built-ins, hidden cabinets with doors opening inward the rooms; area under the stairs arranged in rooms of the apartment (if the height from the ground to the bottom of the stairs is lower than 1.6 meters, this area is not calculated);

b/ The auxiliary area is the total area of ​​the following auxiliary rooms or parts: kitchen (places for cooking, washing, processing and preparation), excluding the occupancy area of chimneys, garbage chutes, water supply and drainage pipes; bathroom, laundry, toilet, and walkways inside rooms, for houses designed with shared-use toilets; warehouse; half of the loggia area; half of the balcony area; corridors, walkways of the apartment or rooms; lobbies, buffer rooms used exclusively for one apartment or several rooms; walkways, entrances, buffer rooms of the areas for kitchen or bathroom, laundry, toilet; built-ins, hidden cabinets of the apartment with doors opening inward to parts or auxiliary rooms; for multi-apartment buildings, the shared-use auxiliary area for multiple apartments for distribution of rental according to the living area ratio for each apartment is exclusive of the area of parking rooms, common rooms, manager’s room or security guard’s room.

3. A dossier for determining the usable area for each apartment must comprise:

a/ Plan and section drawings of the apartment (house) of a scale of between 1:100 and 1:50; for a multi-apartment building, it is required to have a plan drawings of the entire building and each story, clearly stating the shared-use auxiliary area distributed to each apartment, with a description of walkways;

b/ A report on figures, including those on the living area, separate auxiliary area of ​​each apartment, and shared-use auxiliary area for multiple households (for multi-apartment buildings) distributed to each apartment;

c/ A dossier made by the lessor, clearly stating the full names and signatures of the dossier maker and of the representative of the lessee who undersigns the contract, and bearing the confirmation and seal of the lessor;

d/ A declaration for determination of usable area, made according to Form No. 02 provided in Appendix IX to this Decree;

dd/ The dossier specified in this Clause must be made in 2 copies, of which 1 copy is kept at the lessor and 1 copy is handed to the lessee.

4. The grading of old houses classified as public assets serving as a basis for selling old houses is provided in Appendices X and XI to this Decree.

Article 73. Principles of exemption from or reduction of purchase prices of old houses classified as public assets

1. The purchase price of an old house classified as a public asset is inclusive of land use levy and house price. For old houses, the house price reduction levels must comply with Article 74 of this Decree; for land use levy, the exemption or reduction shall be granted on a case-by-case basis under Article 74 of this Decree.

2. The reduction of prices of old houses classified as public assets must adhere to the following principles:

a/ It is not permitted to grant repeated reduction in terms of time and eligible subject. Each person is only entitled to a single reduction when purchasing the house he/she currently rents;

b/ The reduction will not be granted for those arranged to use houses in the period between November 27, 1992, and before January 19, 2007, except persons with meritorious services to the revolution;

c/ For a household with many members whose names are stated in the house rent contract or who register the permanent residence at the address of the to-be-purchased house and are eligible for house price reduction, the reductions enjoyed by these members shall be aggregated to calculate the total reduced amount for the whole household, which, however, must not exceed the payable amount (excluding land use levy) in the house sale price;

d/ The number of years used for applying house price reduction is the number of years the applicant has actually been working in an agency/unit in a state sector by the time of signing the house purchase contract. An odd working period of 6 months or less shall be rounded up to a half year while an odd working period of over 6 months shall be rounded up to one year.

3. The exemption from or reduction of land use levy upon sale of an old house classified as a public asset and transfer of the rights to use the land parcel under such house must adhere to the following principles:

a/ The exemption or reduction shall be considered and granted only once for the house purchaser; in case a person is eligible for multiple reduction policies, only the highest reduction level shall apply. For a household with many members as current lessees eligible for land use levy reduction, the reductions enjoyed by these members shall be aggregated to calculate the total reduced amount, which, however, must not exceed the land use levy amount payable by the house purchaser under regulations;

b/ It is not permitted to grant land use levy exemption or reduction for those arranged to use houses in the period between November 27, 1992, and before January 19, 2007;

c/ For those who have enjoyed land use levy exemption or reduction upon purchase of old houses classified as public assets or upon land allocation by the State for house construction, or have received monetary support for house improvement before the effective date of this Decree, they will not be entitled to land use levy exemption or reduction upon acquisition of land use rights together with house purchase in accordance with this Decree;

d/ Principles of levels of, and subjects eligible for, land use levy exemption or reduction for people with meritorious services to the revolution when they purchase old houses classified as public assets must comply with the law on preferential treatment toward people with meritorious services to the revolution.

Article 74. Eligible subjects, documents proving subjects eligible for exemption from or reduction of purchase prices of old houses classified as public assets, and reduction levels

1. Reduction of house prices will be granted for those purchasing old houses classified as public assets who fall into one of the following cases:

a/ State-salaried cadres, civil servants and public employees in administrative and non-business agencies, Party agencies and mass organizations;

b/ State-salaried people in the armed forces;

c/ Non-commissioned officers and soldiers who are entitled to cost-of-living allowance and used to operate in battlefield A, B, C or K;

d/ Commune/ward cadres who are salaried by the state budget or entitled to cost-of-living allowance prescribed by the State;

dd/ Workers and public employees who work regularly for one year or more at state enterprises, or organizations or units permitted to conduct production, business and service activities in administrative and non-business agencies, armed forces, Party agencies or mass organizations;

e/ Persons specified at Points a, b, c and dd of this Clause who are assigned to work in foreign-invested economic organizations, industrial parks, export processing zones, hi-tech parks, economic zones, economic and trade representative offices established and operating in Vietnam, diplomatic missions, international organizations or non-governmental organizations, Vietnam-based foreign news agencies, press agencies, radio and television agencies, and units of other economic sectors;

g/ Persons who are on pension, working capacity loss allowance, occupational accident or disease allowance, allowance for rubber workers, lump-sum social insurance allowance or severance allowance before and after the issuance of Decision No. 111/HDBT of April 12, 1991, of the Council of Ministers (now the Government), or before and after the effective date of the 1994 Labor Code;

h/ Salaried persons in the people’s armed forces who are ineligible for monthly pension or working capacity loss allowance but enjoy demobilization allowance; and persons who were demobilized before 1960;

i/ Persons specified at Points a and b, Clause 2 of this Article;

k/ People with disabilities and the elderly eligible for social protection and urban dwellers who face extreme housing difficulties.

2. Land use levy exemption or reduction will be granted for those purchasing old houses classified as public assets who fall into one of the following cases:

a/ People with meritorious services to the revolution in accordance with law;

b/ Members of poor households and near-poor households in accordance with law at the time of consideration for the exemption or reduction approval.

3. The exemption or reduction levels of purchase prices of old houses classified as public assets are as follows:

a/ For the house price, the reduction levels shall be determined as follows:

For each year of working, the house purchaser is entitled to a reduction equal to 0.69 time the Government-prescribed minimum wage level applicable to cadres, civil servants, public employees and armed forces’ personnel. For a house purchaser who once served in the armed forces, for each year of service, he/she is entitled to a reduction equal to 1.24 times the minimum wage level specified at this Point;

For a person with meritorious services to the revolution, member of a poor household or near-poor household, person with disabilities or the elderly who has a working period for applying house price reduction but the total reduced amount calculated according to his/her years of working is smaller than 6.9 times the Government-prescribed minimum wage level, he/she will be entitled to a reduction equal to 6.9 times the minimum wage level; if such person has no working period for applying house price reduction, he/she will be entitled to a reduction equal to 6.9 times the minimum wage level.

For members of a poor household or near-poor household, the reduction level shall be applied for the whole household, but not for each household member;

b/ The exemption or reduction levels of land use levy shall be determined as follows:

Poor households and near-poor households specified at Point b, Clause 2 of this Article are entitled to a 60% reduction of payable land use levy amounts; this reduction level shall apply to the whole household (but not for each household member).

4. A person eligible for exemption from or reduction of the purchase price of an old house classified as a public asset must have one of the following documents:

a/ A document proving the number of years of working, issued by his/her employer;

b/ A written confirmation made by the district-level social insurance agency, if he/she is on pension, working capacity loss allowance, occupational disease allowance, or job allowance in accordance with law;

c/ A certified copy of the decision to permit him/her to cease working for enjoying lump-sum social insurance allowance or severance allowance before and after the issuance of Decision No. 111/HDBT of April 12, 1991, of the Council of Ministers (now the Government), or before and after the effective date of the 1994 Labor Code, or demobilization allowance; if this decision is lost, he/she is required to produce a full declaration of the working process bearing confirmation of the former employer;

d/ The documents specified in Clause 3, Article 67 of this Decree, in case he/she falls into the case specified at Point i or k, Clause 1 of this Article.

Article 75. Dossiers, order and procedures for sale of old houses classified as public assets

1. A dossier of application for purchase of an old house classified as a public asset must comprise:

a/ An application for purchase of old house as public asset, made according to Form No. 03 provided in Appendix V to this Decree;

b/ The original of the house rent contract; certified copies, or copies enclosed with the originals for collation, of papers proving the applicant’s full payment of rental and house operation management expenses by the time of dossier submission, for houses subject to payment of house operation management expenses; a certified copy, or a copy enclosed with the original for comparison, of the marriage certificate, if the applicant is a married couple.

In case the person whose name is stated in the house rent contract has settled abroad, he/she shall make a paper to authorize another person to undersign the house purchase contract (the authorization paper must bear certification by a notary office or authenticated under regulations); if the person whose name is stated in the house rent contract died, a death certificate is required.

In case the person whose name is stated in the house rent contract waives the right to purchase the house and have his/her name stated in the certificate, he/she shall make a document to waive the right to purchase the house and have his/her name stated in the certificate, and commit that he/she will not file a dispute over or a lawsuit against the purchase and sale of the house;

c/ Certified copies, or copies enclosed with the originals for collation, of documents proving the applicant’s eligibility for exemption from or reduction of the house purchase price (if any).

2. The order and procedures for selling old houses classified as public assets are as follows:

a/ An applicant for house purchase shall hand-deliver 1 dossier or send it by post or submit it online to the current house operation management unit or the housing management agency under regulations of the house owner-representing agency;

b/ The dossier-receiving agency shall receive the dossier, issue a receipt, check the dossier, and make a list of applicants for house purchase;

c/ Within 5 working days after receiving a complete dossier of application for purchase of an old house classified as a public asset, the provincial-level housing management agency shall hold a meeting of the Council for determination of house sale prices to determine the sale price of the house;

d/ Within 15 days after the date of the meeting of the Council for determination of house sale prices, the provincial-level housing management agency shall make and submit a list of subjects eligible to purchase the house, enclosed with the Council’s document on determination of house sale prices, to the house owner-representing agency for consideration and decision.

For a house currently managed by the Ministry of National Defense, the dossier-receiving agency shall request the Council for determination of house sale prices to hold a meeting to determine the sale price of the house, and propose the Ministry of National Defense to issue a decision on sale of the house;

dd/ Within 10 days after receiving the report from the housing management agency, the house owner-representing agency shall consider and issue a decision on the sale of the house, clearly stating the subject eligible to purchase the house, address of the house, the sale price of the house and price for transfer of land use rights, and send such decision to the housing management agency and the house operation management unit for signing a house purchase and sale contract;

e/ Within15 days after receiving the decision on the sale of the old house, the house operation management unit shall notify the house purchaser of the time for signing the house purchase and sale contract with the housing management agency;

g/ The time limit specified in this Clause shall not be included in the time limits for the house purchaser to fulfill financial obligations and for the competent agency to grant a Certificate to the purchaser.

The grant of Certificates to house purchasers must comply with the land law. The agency competent to grant Certificates shall send a list of house purchasers that have been granted Certificates and one copy of the Certificate to the provincial-level housing management agency for preservation and monitoring;

h/ Past 90 days after the house operation management unit issues a notice of the time for signing the purchase and sale contract, if the house purchaser has not yet signed the contract and there is a change in the land price issued by the provincial-level People’s Committee, the housing management agency shall propose the provincial-level People’s Committee to approve the new price of the house before signing the purchase and sale contract with the house purchaser;

i/ In case the house purchaser fails to sign the house purchase and sale contract within the notified time limit, the housing management agency shall issue the second notice to the house purchaser, clearly stating that the time limit for the house purchaser to sign the house purchase and sale contract is 30 days after receiving the notice. Within 10 days from the date of expiration of the second notice, if the house purchaser fails to sign the house purchase and sale contract, the housing management agency shall report thereon to the provincial-level People’s Committee for the latter to cancel the signed decision on sale of the house and continue to manage the lease of the house in accordance with this Decree.

Article 76. Handling of the shared-use area of old houses classified as public assets

1. For a house occupied by multiple households, if the State has sold the whole area under private use to these households but has yet to sell the shared-use area within the premises of such house (the shared-use area includes the area of ​​corridors and stairs and other shared-use areas within the premises of the house), and the organization or household/individual currently owning the whole area of the house already sold by the State wishes to purchase the whole of such shared-use area:

a/ The organization or household/individual shall pay the house price and land use levy for the shared-use area;

b/ The house price shall be determined based on the current quality of the house multiplied by (x) the price of a newly built house issued by the provincial-level People’s Committee and effective at the time of signing the purchase and sale contract and multiplied by (x) the whole unsold useable area;

c/ The land use levy is equal to 100% of the residential land price specified in the residential land price list issued by the provincial-level People’s Committee and effective at the time of signing the purchase and sale contract; in this case, the residential land limit specified in the land law does not apply to calculate the land use levy;

d/ Before selling the shared-used area under this Clause, the selling agency is not required to sign a rent contract for such shared-use area.

2. For a house which is constructed by a household/individual on a vacant land area within the premises of an old house classified as a public asset, or in case of using the land area adjacent to an old house classified as a public asset, the rights to use such land area must comply with the land law.

3. For the shared-use area specified in Clause 1 of this Article, if the house owner does not purchase such area or if such area is ineligible for sale, the housing management agency shall assume the prime responsibility for, and coordinate with the district-level People’s Committee of locality where the house is located in, managing such area in accordance with this Decree and the housing and land laws.

4. Provincial-level People’s Committees shall arrange local budget funds for recurrent expenditures in accordance with the law on the state budget for surveying, making dossiers and managing the shard-use area specified in Clause 3
of this Article.

Article 77. Dossiers, order and procedures for sale of shared-use areas of old houses classified as public assets

1. A dossier must comprise:

a/ An application for sale of the shared-use area of house classified as public asset, made according to Form No. 04 provided in Appendix V to this Decree;

b/ A certified copy or copy enclosed with the original for collation, of one of the following documents: the Certificate, for the purchased area of ​​house and land; or the contract on purchase and sale of such house area signed with a competent agency, or the document proving the full payment for the area of the house and land as stated in the signed contract, if the Certificate is unavailable; or a certified copy, or a copy enclosed with the original for collation, of the marriage certificate, if the applicant is a married couple.

2. The order and procedures are as follows:

a/ The applicant shall hand-deliver 1 dossier specified in Clause 1 of this Article, or send it by post or submit it online to the current house operation management unit or the provincial-level housing management agency under regulations of the provincial-level People’s Committee of the locality where the house is located;

b/ The dossier-receiving agency shall receive and check the dossier and issue a receipt, clearly stating the date of notifying the dossier-processing result. In case the dossier does not comply with Clause 1 of this Article, within 5 working days, the dossier-receiving agency shall issue a written request to the applicant to complete the dossier under regulations.

In case the dossier recipient is the house operation management unit, it shall, within 5 working days after receiving a valid dossier, check the dossier, make a list of applicants, and send a report thereon to the provincial-level housing management agency;

c/ Within 30 days after receiving the report from the house operation management unit, the provincial-level housing management agency shall hold a meeting of the Council for determination of house sale prices to determine the house price and land use levy under regulations and report such in writing to the provincial-level People’s Committee for consideration and decision.

In case the dossier recipient is the provincial-level housing management agency, it shall, within 30 days after receiving a dossier, check the dossier the dossier and hold a meeting of the Council for determination of house sale prices;

d/ Within 15 days after receiving the report from the provincial-level housing management agency, the provincial-level People’s Committee shall consider and issue a decision on sale of the shared-use area within the premises of the old house to the purchaser. Such decision shall be sent to the provincial-level housing management agency and the house operation management unit for issuing a notice to the purchaser to sign a contract. In case the purchaser fails to comply with the notice, the case shall be settled under Point i, Clause 2, Article 75 of this Decree;

d/ After the purchaser has fulfilled the financial obligations under regulations, the housing management agency shall forward the dossier to a competent agency for the latter to grant a Certificate to the purchaser or register changes in the granted Certificate in accordance with the land law.

Section 4.

RECOVERY, COERCIVE RECOVERY, AND SETTLEMENT OF DISPUTES OVER MANAGEMENT AND USE OF HOUSES CLASSIFIED AS PUBLIC ASSETS

Article 78. Order and procedures for recovery of houses classified as public assets

1. The order and procedures for recovery of a house classified as a public asset, except the cases specified in Clauses 2 and 3 of this Article, shall be as follows:

a/ Within 15 days after detecting that the house falls into one of the cases of houses subject to recovery specified at Points a, b, c, d, dd, e, h, i and k, Clause 1, Article 127 of the Housing Law or after obtaining a competent agency’s inspection conclusion that the house is subject to demolition for renovation or reconstruction under Point g, Clause 1, Article 127 of the Housing Law, the unit assigned to take charge of house operation management shall report the request for house recovery to the agency assigned by the house owner’s representative to manage the house;

b/ Within 15 days after receiving the document from the house operation management unit, the housing management agency shall check and if the house is subject to recovery under Article 127 of the Housing Law, it shall submit a report to the house owner’s representative for the latter to consider and issue a house recovery decision; in case the housing management agency itself checks and detects that the house is subject to recovery (except the case specified at Point g, Clause 1, Article 127 of the Housing Law), it shall carry out the procedures for requesting house recovery under Points c, d and dd of this Clause;

c/ Within 15 days after receiving the report from the housing management agency, the house owner’s representative shall check and if there are sufficient conditions for house recovery, it shall issue a house recovery decision under Article 80 of this Decree, and at the same time, send such decision to the housing management agency, house operation management unit and house user for implementation.

In the case the house is managed by the Ministry of National Defense or Ministry of Public Security, the agency with housing management function under the Ministry of National Defense or Ministry of Public Security shall issue a house recovery decision (if it is assigned to do so), and send such decision to the house operation management unit and house user for implementation and send such decision to the house owner’s representative for reporting;

d/ Within 15 days after receiving the house recovery decision, the house operation management unit shall send a notice, enclosed with a copy of such decision, to the house user for the latter to hand over the house to the house; the house user shall hand over the house to the house operation management unit within the time limit stated in the decision; the recovery and handover of the house must be recorded in a minutes, signed by all involved parties; in case the house user refuses to receive the notice of house recovery or sign the house handover minutes, the house operation management unit shall invite a representative of the commune-level People’s Committee of the locality where the house is located to witness and sign the minutes.

Within 5 days after receiving the house recovery decision from the house owner’s representative, the house operation management unit or housing management agency shall issue a notice of termination of house lease, lease-purchase or purchase contract (in case such a contract has been signed); in case the house is subject recovery because it was sold ultra vires or in contravention of the Housing Law and this Decree, the purchaser shall be entitled to refund of the payment paid for house purchase, unless the purchaser has forged documents and dossiers related to house purchase and sale.

dd/ After recovering the house, the house operation management unit shall send a report on completion of house recovery and propose a plan on house management and use or demolition for reconstruction to the housing management agency for reporting to the house owner’s representative for consideration and decision in accordance with the housing law, law on construction and other relevant laws.

2. The order and procedures for recovery of apartments of a condominium specified at Points a and Point b, Clause 2, Article 59 of the Housing Law shall be as follows:

a/ To relocate apartment owners/users in accordance with the law on renovation and reconstruction of condominiums;

b/ Within 15 days after completing the relocation of the apartment owners/user in accordance with the law on renovation and reconstruction of condominiums, the housing management agency shall report to the house owner’s representative for issuance of a house recovery decision;

c/ Within 15 days after receiving the report from the housing management agency, the house owner’s representative shall consider and issue a house recovery decision under Article 80 of this Decree; such decision shall be sent to the house operation management unit, housing management agency and users of the apartments subject to recovery.

3. The order and procedures for recovery of apartments of a condominium specified at Points c, d and dd, Clause 2, Article 59 of the Housing Law shall be as follows:

a/ After having a compensation, support and resettlement plan approved in accordance with the law on renovation and reconstruction of condominiums, a unit assigned to manage the operation of the apartment shall report to the agency assigned by the apartment owner’s representative to manage such apartment to submit a report to the representative for issuance of a house recovery decision;

b/ After issuing a house recovery decision under Article 80 of this Decree, the decision-issuing agency shall send such decision to the housing management agency, house operation management unit and apartment users for implementation.

In case the house is managed by the Ministry of National Defense or Ministry of Public Security, the agency with housing management function under the Ministry of National Defense or Ministry of Public Security shall issue a house recovery decision (if it is assigned to do so), and send such decision to the house operation management unit and apartment users for implementation and concurrently to the house owner’s representative for reporting;

c/ The time for implementation of a house recovery decision specified in this Clause shall be determined as coincidental with the of relocation of apartment owners/users in accordance with law on renovation and reconstruction of condominiums.

Lessees of apartments of old condominiums classified as public assets subject to recovery under Clauses 2 and 3 of this Article shall be entitled to policies on relocation, support, temporary accommodation arrangement, lease, lease-purchase and purchase of resettlement houses after the condominiums are renovated or reconstructed in accordance with the law on renovation and reconstruction of condominiums and this Decree.

Article 79. Order and procedures for coercive recovery of houses classified as public assets

1. The coercive recovery of houses classified as public assets shall be carried out when house users fail to hand over such houses according to house recovery decisions specified in Article 78 of this Decree, except the case specified in Clause 2, Article 78 of this Decree.

2. The order and procedures for coercive recovery of a house classified as a public asset specified in Clause 1, Article 78 of this Decree shall be as follows:

a/ Within 5 working days after the expiration of the deadline for handover of the house under the house recovery decision, in case the house user fails to hand over such house, the house operation management unit shall send a report to the housing management agency requesting the coercive recovery of the house;

b/ Within 5 working days after receiving the report from the house operation management unit, the housing management agency shall carry out the inspection and submit a report, enclosed with a draft decision on coercive recovery of house, to the house owner’s representative for consideration and issuance of a decision on coercive recovery of house;

c/ Within 10 days after receiving the report from the housing management agency, the house owner’s representative shall consider and issue a decision on coercive recovery of house and send such decision to the housing management agency, house operation management unit and house user for implementation.

In case the issuer of the decision on coercive recovery of house is a central agency, it shall send a request, enclosed with the decision, to the provincial-level People’s Committee of the locality where the house is located for coordination in organizing the coercive recovery;

d/ In case the house is not subject to coercive recovery, the house owner’s representative shall send a notice thereof to the housing management agency and house operation management unit for continued management under regulations.

For houses under the management of the Ministry of National Defense or Ministry of Public Security, the agency with housing management function under the Ministry of National Defense or Ministry of Public Security shall issue decisions on coercive recovery of house if they are assigned to do so;

dd/ Based on the decision on coercive recovery of house, the provincial-level People’s Committee of the locality where the house is located shall itself organize, or assign the district-level People’s Committee of the locality where the house is located to, in coordination with the provincial-level housing management agency, district-level Public Security agency and commune-level People’s Committee of the locality where the house is located to organize, coercive recovery and handover of the house to the house operation management unit according to regulations. The handover of the house must be recorded in a minutes certified by the agencies participating in the coercive recovery.

Funds for organizing the coercive recovery of the house shall be covered by the local budget from its recurrent expenditures in accordance with the law on the state budget;

e/ The time limit for coercive recovery of a house is 30 days after the house owner’s representative issues a decision on coercive recovery of house.

The coercive recovery of the house must be carried out during office hours; the agency in charge of the coercive recovery must conduct an inventory of, and move, assets of the house user to another location in case such person does not move his/her assets by himself/herself;

g/ After recovering the house, the house operation management unit shall send a report on completion of house recovery and plan on house management and use or demolition for reconstruction to the housing management agency for the latter to report thereon to the house owner’s representative for consideration and decision in accordance with the housing law, law on construction and other relevant laws.

3. The coercive recovery of condominium apartments specified in Clause 3, Article 78 of this Decree shall be applied in case apartment users do not hand over the apartments according to house recovery decisions and carried out simultaneously with procedures for coercive relocation in accordance with the law on renovation and reconstruction of condominiums.

Article 80. Contents of decisions on recovery/coercive recovery of houses classified as public assets

1. A house recovery/coercive recovery decision, for houses classified as public assets, must have the following contents:

a/ Legal grounds for house recovery/coercive recovery; reasons for house recovery/coercive recovery;

b/ Address of the house in question and full name of the house user. In case the house is recovered as it is no longer safe for use and must be demolished (except condominium apartments), the house recovery decision must contain information on arrangement of accommodation at another location for the house user.

For condominiums subject to demolition or reconstruction, the house recovery decision must clearly state that the arrangement of temporary accommodation and resettlement is carried out according to the approved compensation, support and resettlement plan;

c/ Name of the agency or unit conducting the house recovery/coercive recovery; responsibility for handover and receipt of the house;

d/ Time limit for house recovery/coercive recovery;

dd/ Funds for house recovery/coercive recovery;

e/ Plan on house management and use after the recovery/coercive recovery.

2. In case of recovering a condominium as specified in Clause 2, Article 78 of this Decree, the house recovery decision does not necessarily contain the information specified at Points c, d, dd and e, Clause 1 of this Article.

In case of recovering a condominium as specified in Clause 3, Article 78 of this Decree, the house recovery decision does not necessarily contain the information specified at Points dd and e, Clause 1 of this Article; the time limit for recovery shall be the same as the time limit for coercive relocation.

Article 81. Order and procedures for settlement of disputes over the management and use of houses classified as public assets

1. The order and procedures for settling disputes over management and use of houses falling under the competence of provincial-level People’s Committees shall be as follows:

a/ The lessee of a house in dispute shall hand-deliver or send by post to the provincial-level People’s Committee of the locality where the house is located a request for dispute settlement, enclosed with certified copies, or copies together with the originals, of documents proving that it/he/she is the actual house user. The provincial-level People’s Committee shall assign the provincial-level housing management agency to receive and process the dossier;

b/ Within 30 days after receiving the request, the housing management agency shall check the information stated in the request and prepare a dispute settlement dossier comprising the request for settlement of dispute over house management and use; minutes of the working session with the disputing parties; minutes of inspection of current status of house management and use (if any); and records of house management and use;

c/ Within 30 days after preparing the dispute settlement dossier, the housing management agency shall consider and verify the actual situation (if any), synthesize reports and make a draft decision on dispute settlement and submit it to the provincial-level People’s Committee for consideration and decision;

d/ Within 30 days after receiving the housing management agency’s report, the provincial-level People’s Committee shall consider and issue a decision on dispute settlement according to its competence; such decision must be sent to the requester and related individuals and organizations.

2. The order and procedures for settlement of disputes over management and use of houses falling within the competence of the Ministry of Construction or the Ministry of National Defense/Ministry of Public Security shall be as follows:

a/ The lessee of a house in dispute shall hand-deliver or send by post a request, enclosed with certified copies, or copies together with the originals, of documents proving that it/he/she is the actual house user to the Ministry of Construction (in case the house is managed by a central agency and does not fall under management by the Ministry of National Defense/Ministry of Public Security) or to the Ministry of National Defense/Ministry of Public Security in case the house is under such ministry’s management, for consideration and settlement;

b/ The agency specified at Point a of this Clause shall assign its attached housing management agency to receive the dossier;

c/ Within 30 days after receiving the dossier, the housing management agency shall check the information stated in the request and prepare a dispute settlement dossier according to Point b, Clause 1 of this Article;

d/ Within 30 days after preparing the dispute settlement dossier, the housing management agency shall consider and verify the actual situation (if any), synthesize and make a draft decision on dispute settlement for reporting to the Ministry of Construction or Ministry of National Defense/Ministry of Public Security for consideration and decision;

dd/ Within 30 days after receiving the report from the housing management agency, the Ministry of Construction or Ministry of National Defense/Ministry of Public Security shall consider and issue a decision on settlement of dispute over house management and use according to its competence; such decision shall be sent to the requester and related individuals and organizations.

Chapter XI

GRADING OF CONDOMINIUMS

Article 82. Grading of condominiums

1. Owners of condominium projects and owners of condominiums (including condominiums built under commercial housing projects, condominiums built under social housing projects, condominiums for resettlement arrangement, and condominiums used as official residences) may grade their condominiums under this Chapter if they so wish.

2. The grading shall be conducted for each apartment building at the request of the condominium project owners or condominium owners by socio-professional organizations operating in the field of construction, housing or real estate business specified in Clause 2, Article 83 of this Decree if condominiums meet the grading criteria specified in Clause 1, Article 83 of this Decree. Organizations that carry out the grading of condominiums specified in this Clause shall be held responsible for their grading.

To-be-graded condominiums must meet technical regulations and standards as prescribed by the construction law and the criteria specified in Article 83 of this Decree.

3. The publicization of information and advertisements relating to the grade of a condominium for business purposes must be true to the grade of such condominium.

Article 83. Criteria for condominium grading

1. Condominiums shall be graded into:

a/ Grade-1 condominiums, which must meet the criteria of grade-1 condominiums provided in Appendix XII to this Decree;

b/ Grade-2 condominiums, which must meet the criteria of grade-2 condominiums provided in Appendix XII to this Decree;

c/ Grade-3 condominiums, which must meet the criteria of grade-3 condominiums provided in Appendix XII to this Decree.

2. Based on the criteria for condominium grading specified in Clause 1 of this Article, socio-professional organizations operating in the fields of construction, housing or real estate business shall issue specific criteria and supplementary criteria (if any) to serve as a basis for identifying and grading condominiums on a case-by-case basis under Article 82 of this Decree.

Chapter XII

MANAGEMENT AND USE OF CONDOMINIUMS

Section 1

CONDOMINIUM OPERATION MANAGEMENT UNITS

Article 84. Conditions and dossiers of request for notification of qualification for condominium operation management

1. A condominium operation management unit must satisfy the following conditions:

a/ Meeting the requirements specified in Clause 1, Article 150 of the Housing Law;

b/ Having been issued a notice of qualification for condominium operation management by the competent agency specified in Article 85 of this Decree.

2. A dossier of request for issuance of notice of qualification for condominium operation management must comprise:

a/ A request made by the condominium operation management unit wishing to be issued a notice of qualification for condominium operation management, clearly stating its name and head office address, and information on its legal representative as stated in its business registration document or establishment and operation decision;

b/ A certified copy of the document proving that the requester has the function of condominium operation management or real estate management;

c/ A list of managers and staff members of divisions and departments under the condominium operation management unit, enclosed with certified copies of these persons’ intermediate or higher-level diplomas and certificates as proofs of their expertise and professional qualification corresponding to house operation management jobs in the fields specified at Point c, Clause 1, Article 150 of the Housing Law;

d/ Certified copies of certificates of completion of training courses on professional knowledge and skills in condominium operation management of the subjects specified at Point c of this Clause, made according to the form specified in Appendix XIII to this Decree, after they complete training courses at training institutions under the framework program on training and further training on condominium operation management specified by the Ministry of Construction.

Article 85. Order and procedures for notification of qualification for condominium operation management

1. A unit that wishes to be issued a notice of qualification for condominium operation management shall hand-deliver or send by post or submit online 1 dossier specified in Clause 2, Article 84 of this Decree to the housing management agency under the Ministry of Construction or the provincial-level housing management agency of the locality where it is headquartered. In case the dossier contains uncertified copies, originals are required for collation; the requesting unit may only submit the dossier to one of the competent agencies specified in this Clause.

2. The dossier-receiving agency shall check the dossier; in case the dossier is incomplete or invalid, within 15 days after receiving it, the dossier-receiving agency shall notify thereof in writing to the unit for submission of insufficient documents.

During the processing of the dossier, if the dossier-receiving agency detects that the requester uses professional knowledge and skills-proving documents of the personnel of another recognized condominium operation management unit, it shall issue a notice of refusal to recognize the unit as qualified for condominium operation management.

In case the dossier is complete, within 30 days after receiving it, the dossier-receiving agency shall check and issue a written notice of qualification for condominium operation management, send it to the unit and publicly post such notice on its portal; such a notice must contain information on the unit’s name and address and information of its legal representative and shall be valid for 5 years from the date of its signing, except the case specified in Clause 2, Article 86 of this Decree.

In case the notice issuer is a provincial-level housing management agency, within 15 days after issuing the notice, it shall send a copy of the notice to the Ministry of Construction for posting on the latter’s portal; in case the notice issuer is the housing management agency under the Ministry of Construction, it shall post the notice on the Ministry of Construction’s portal.

3. Upon the expiration of the deadline specified in the notice specified in Clause 2 of this Article, if the unit wishes to continue to perform condominium operation management, it shall submit 1 dossier specified in Clause 2, Article 84 of this Decree for consideration and issuance of notice of qualification for condominium operation management.

4. Agencies competent to issue notices of qualification for condominium operation management shall make a list of employees of condominium operation management units as stated in lists submitted together with dossiers of request for issuance of notice of qualification for condominium operation management of qualified units to serve as a basis for determining the list of employees of each unit.

5. Condominium operation management units may only sign contracts for provision of condominium operation management services after obtaining a notice of qualification for condominium operation management issued by a competent agency.

Article 86. Handling upon changes in information or violations of condominium operation management units

1. The change of information of a unit qualified for condominium operation management shall be as follows:

a/ After receiving a notice of a unit qualified for condominium operation management, if the unit changes one of the information stated in the notice, it shall submit a request for change of information, together with documents proving the change, to the notice-issuing agency specified in Clause 1, Article 85 of this Decree for consideration and issuance of a notice of change of information;

b/ Within 30 days after receiving the request for change of information, the dossier-receiving agency shall check and issue a notice of change of information to the requester, and at the same time post the notice on its portal; in case the dossier is incomplete, the dossier-receiving agency shall notify the requester thereof in writing for the latter to supplement the dossier according to regulations.

In case the agency issuing the notice of change of information is the provincial-level housing management agency, within 15 days after issuing the notice, it shall send a copy of such notice to the Ministry of Construction for change of the information posted on the Ministry of Construction’s portal.

2. After receiving a notice of qualification for condominium operation management, if the condominium operation management unit is dissolved or bankrupt or terminates operation, or if during the inspection and examination process, a competent agency detects that the unit is no longer qualified for condominium operation management, the notice shall cease to be legally valid.

The inspection and examination agency shall send a notice to the competent agency specified in Clause 1 of this Article for deletion of the information posted on the latter’s portal.

Section 2

COERCIVE HANDOVER OF FUNDS FOR MAINTENANCE OF CONDOMINIUMS’ COMMON AREAS

Article 87. Cases of coercive handover of funds for maintenance of a condominium’s common areas

1. In case purchasers and lessees-purchase of apartments and non-apartment areas in a condominium and the project owner have paid maintenance funds for the condominium’s common areas as prescribed in the housing law into the same account of the project owner before the effective date of the Housing Law (below referred to as the project owner’s common account), but past the deadline specified in Clause 3, Article 154 of the Housing Law, the project owner fails to hand over the maintenance funds, the coercive handover shall be carried out under Article 88 of this Decree.

2. In case purchasers and lessees-purchase of apartments and non-apartment areas in a condominium and the project owner have paid maintenance funds for the condominium’s common areas as prescribed in the housing law into a payment account other than the common account specified in Clause 1 of this Article (below referred to as the maintenance fund account) but past the deadline specified in Clause 3, Article 154 of the Housing Law, the project owner fails to hand over the maintenance funds, the coercive handover shall be carried out under Article 89 of this Decree.

3. In case the project owner has not paid or has not fully paid its payable maintenance funds for the condominium’s common areas and non-apartment areas into the account specified in Clause 1 or the account specified in Clause 2 of this Article, the coercive handover shall be carried out under Articles 90 and 91 of this Decree.

Article 88. Procedures for coercive handover of maintenance funds of a condominium’s common areas from the project owner’s common account

1. Within 15 days after the district-level People’s Committee of the locality where the condominium is located receives a request for handover of maintenance funds from the condominium governance board, it shall carry out the inspection and issue a document requesting the project owner to hand over the maintenance funds to the condominium governance board. In case the condominium falls into the case specified in Clause 4, Article 155 of the Housing Law, it is requested to clarify the maintenance fund amount payable to the condominium governance board by the project owner, and the amount the project owner may retain as agreed upon in contracts on purchase/sale or lease-purchase of apartments or non-apartment areas in the condominium.

2. Past the deadline specified in Clause 3, Article 154 of the Housing Law, if the project owner still fails to hand over the maintenance funds as requested by the district-level People’s Committee, the condominium governance board shall send a document to the district-level People’s Committee, requesting the latter to issue a decision on coercive recovery of maintenance funds for handover to the condominium governance board; such decision shall be sent to the project owner, the provincial-level housing management agency of the locality where the condominium is located, and the credit institution or foreign bank branch where the project owner opens the account for management of the maintenance funds (below collectively referred to as the credit institution).

3. Within 15 days after receiving the decision of the district-level People’s Committee, the credit institution managing the project owner’s common account shall check such account. In case the account has sufficient money, the credit institution shall transfer the whole payable amount to the account of  the condominium governance board for management and use under regulations; in case the project owner’s common account does not have any money or does not have sufficient money to hand over to the condominium governance board, the credit institution shall transfer the amount to the condominium governance board’s account and notify such in writing to the district-level People’s Committee to carry out the coercive handover of the deficit amount under Articles 90 and 91 of this Decree.

4. After transferring the maintenance funds to the account of the condominium governance board, the credit institution shall send a notice thereof to the district-level People’s Committee, the condominium governance board, the provincial-level housing management agency and the project owner; such notice must clearly state the transferred amount, time of transfer, and the beneficiary’s account number.

Article 89. Order and procedures for coercive handover of maintenance funds from the maintenance fund account established by a project owner

1. Within 15 days after the district-level People’s Committee of the locality where the condominium is located receives a request for handover of maintenance funds from the condominium governance board, it shall carry out the inspection and issue a document requesting the project owner to hand over the maintenance funds to the condominium governance board. In case the condominium falls into the case specified in Clause 4, Article 155 of the Housing Law, it is requested to clarify the maintenance fund amount payable to the condominium governance board by the project owner, and the amount the project owner may retain as agreed upon in contracts on purchase/sale or lease-purchase of apartments and non-apartment areas in the condominium.

2. Past the deadline specified in Clause 3, Article 154 of the Housing Law, if the project owner fails to hand over the maintenance funds as requested by the district-level People’s Committee, the condominium governance board shall send a document to the district-level People’s Committee, requesting the latter to issue a decision on coercive recovery of maintenance funds for handover to the condominium governance board; such decision shall be sent to the project owner, the provincial-level housing management agency of the locality where the condominium is located, and the credit institution where the project owner opens the account for management of the maintenance funds.

3. Within 15 days after receiving the decision of the district-level People’s Committee, the credit institution managing the account for management of the maintenance funds shall transfer the whole balance of this account to the account established by the condominium governance board for management and use according to regulations.

4. After transferring the maintenance funds to the account of the condominium governance board, the credit institution shall send a notice thereof to the district-level People’s Committee, the condominium governance board, the provincial-level housing management agency and the project owner; such notice must clearly state the transferred amount, time of transfer, and the beneficiary’s account number.

Article 90. Order and procedures for coercive handover of maintenance funds from a project owner’s business account

The order and procedures for coercive transfer of maintenance funds from the project owner’s business account in case its common account’s does not have money or does not have sufficient money for transfer to the condominium governance board as specified in Article 89 of this Decree shall be as follows:

1. The condominium governance board shall request the competent agency to sanction administrative violations of the project owner in accordance with the law on handling of administrative violations in the fields of construction, housing and real estate business.

2. Within 10 days after the issuance of the decision, if the project owner still fails to hand over the maintenance funds according to the administrative handling decision, the condominium governance board shall request the district-level People’s Committee to check the situation; if the request of the condominium governance board is appropriate, the district-level People’s Committee of the locality where the condominium is located shall issue a document requesting the credit institution to provide information on the project owner’s business account and the balance of this account. Within 15 days after receiving the request from the district-level People’s Committee, the credit institution shall provide the information to the latter.

3. Based on the information provided by the credit institution, the district-level People’s Committee shall issue a document requesting the credit institution to transfer the maintenance funds that the project owner must hand over from its business account to the condominium governance board’s account for management and use under regulations. After completing the transfer of such amount, the credit institution shall send a notice thereof to the district-level People’s Committee, the provincial-level housing management agency, the project owner and the condominium governance board; such notice must clearly state the transferred amount, time of transfer, and the beneficiary’s account number.

Article 91. Order and procedures for coercive distraint and auction of project owners’ assets

1. In case a project owner has been coerced to hand over the maintenance funds for the condominium’s common areas under Article 88 or Article 90 of this Decree but the condominium governance board has yet to receive the full amount as specified in Article 153 of the Housing Law, the condominium governance board shall send a document to the district-level People’s Committee to request the coercive distraint and auction of the project owner’s assets for recovery of the maintenance funds.

2. The coercive handover of the maintenance funds or distraint of the project owner’s assets for auction shall be carried out in accordance with the law on enforcement of decisions on sanctioning of administrative violations and the law on asset distraint; the district-level People’s Committee shall only distrain the areas of houses or land or other assets with a value equivalent to the amount of maintenance funds to be recovered for handover to the condominium governance board and expenses for organizing the coercive distraint and auction of these assets.

The auction of assets to recover maintenance funds for handover to the condominium governance board shall be carried out in accordance with the law on asset auction. In case the proceeds from asset auction are greater than to-be-handed money amount and the expenses for asset auction, within 30 days, the district-level People’s Committee shall coordinate with the auction organization to carry out procedures for returning the value difference to the project owner whose assets are distrained for auction.

Chapter XIII

IMPLEMENTATION PROVISIONS

Article 92. Responsibilities of related ministries and sectors

1. The Ministry of Construction has the following powers and responsibilities:

a/ To perform its assigned tasks specified in Article 191 of the Housing Law, and this Decree;

b/ To guide and urge the implementation of the Housing Law and this Decree; to organize public communication about and dissemination of mechanisms, policies and law on housing;

c/ To perform other tasks assigned by the Government and Prime Minister.

2. The Ministry of Finance has the following powers and responsibilities:

a/ To coordinate with the Ministry of Construction in handling violations of regulations on management and use of the state budget for housing development, and house management and use under the Housing Law and this Decree;

b/ To perform other housing-related tasks as specified in the Housing Law and this Decree according to its state management functions and tasks or as assigned by the Government and Prime Minister.

3. The Ministry of Natural Resources and Environment has the following powers and responsibilities:

a/ To coordinate with the Ministry of Construction in handling violations of regulations on use of land related to housing in accordance with the Housing Law and this Decree;

b/ To perform other housing-related tasks as specified in the Housing Law and this Decree according to its state management functions and tasks or as assigned by the Government and Prime Minister.

4. The State Bank of Vietnam has the following powers and responsibilities:

a/ To coordinate with the Ministry of Construction in handing violations in the use of capital sources of credit institutions for housing development according to its competence;

b/ To perform other housing-related tasks as specified in the Housing Law and this Decree according to its state management functions and tasks or as assigned by the Government and Prime Minister.

5. Related ministries, sectors and central agencies shall, within the ambit of their assigned functions and tasks, promulgate or amend and supplement housing regulations under their vested competence or submit to competent agencies for promulgation or amendment and supplementation housing regulations in compliance with the Housing Law and this Decree; and perform other housing-related tasks according to their state management functions and tasks or as assigned by the Government and Prime Minister.

Ministries and sectors that have old houses classified as public assets under their self-management shall hand over these houses to provincial-level People’s Committees of localities where these houses are located for receipt, management, lease and sale in accordance with the Housing Law and this Decree. For old houses currently under the Ministry of National Defense’s management, the Ministry of National Defense shall direct the management, lease and sale of these houses in accordance with this Decree, except the handover of such houses to localities for management under this Decree.

Article 93. Responsibilities of local authorities for state management of housing

1. Provincial-level People’s Committees have the following tasks and powers:

a/ To perform the state management of housing in their localities;

b/ To allocate local budget funds for recurrent expenditures as specified in the law on the state budget for the formulation and adjustment of provincial-level housing development programs and plans in accordance with the Housing Law, this Decree and the Ministry of Construction’s guidance; to direct the formulation and implementation of these programs and plans after they are approved;

c/ To direct the publicization on portals of provincial-level People’s Committees and provincial-level housing management agencies of the following contents: contents of approved local housing development programs and plans; information on houses eligible for sale, lease-purchase or capital mobilization as specified in this Decree; and the list of housing investment projects in their localities under which foreign organizations and individuals are permitted to own houses as specified in the Housing Law and this Decree;

d/ To promulgate specific regulations on management and use of villas and condominiums; to receive and manage self-managed houses in their localities, even in the case where self-management agencies no longer exist for handover; to specifically guide the sale, lease and lease-purchase of houses classified as public assets and resettlement houses under their management; to organize recovery or coercive recovery of houses classified as public assets under Article 127 of the Housing Law, and this Decree; to direct and assign functional agencies to perform other related jobs, ensuring the management, use and operation of houses classified as public assets in accordance with the housing law and relevant laws;

dd/ To specify criteria for, and draw up the list of, houses of artistic, architectural, cultural and historical values (including also ancient villas and houses) in accordance with the Housing Law; to decide to set up councils for drawing up, and issuing decisions approving, the list of such houses for management in accordance with the Housing Law, this Decree and relevant laws;

e/ Based on specific conditions of their localities, to identify cases in which housing investment projects are not located in wards, districts or cities of special-grade, grade-I, grade-II and grade-III urban areas (except auction of land use rights for housing investment projects), and project owners have to build houses for sale, lease-purchase, lease or transfer of land use rights in the form of division of land plots for sale to individuals to build houses by themselves under Clause 5, Article 5 5 of the Housing Law;

g/ To convert house functions under Article 124 of the Housing Law, and this Decree;

h/ To promulgate, amend and supplement according to their competence or propose provincial-level People’s Councils to promulgate, amend and supplement legal documents on housing according to their competence to comply with the Housing Law and this Decree; to organize training in, public communication about, and dissemination of, legal documents on housing and mobilize organizations and individuals in their localities to abide by the housing law; to propose provincial-level People’s Councils to promulgate their localities’ preferential mechanisms applicable to project owners engaged in condominium renovation or reconstruction in accordance with the Housing Law;

i/ To arrange sufficient officials and civil servants and assign functions and tasks of related local agencies for housing development and management in accordance with the Housing Law and this Decree; to direct, guide, examine and inspect housing development and management work in their localities; to handle violations, settle disputes, complaints and denunciations related to housing according to their competence, or propose competent agencies for settling and handling disputes and violations in accordance with law;

k/ To assume the prime responsibility for, or coordinate with related ministries and sectors in, performing their assigned tasks in accordance with the Housing Law, this Decree and relevant laws;

l/ Annually or upon request, to report to competent agencies on the implementation of the Housing Law and this Decree in their localities;

m/ Based on project owners’ proposals, project implementation progress outlined in investment policy, and practical conditions of their localities, to determine the time for individuals acquiring land use rights under projects and eligible for transfer of land use rights in the form of division of land plots for sale to complete the construction of houses to ensure the development of houses in sync with the development of other construction facilities under the projects, avoiding the waste of land resources;

n/ To perform other tasks as specified in the Housing Law, this Decree and relevant laws, or as directed by the Government and Prime Minister.

2. Provincial-level housing management agencies shall act as focal-point agencies assisting provincial-level People’s Committees in performing the state management of housing in their localities, and perform other tasks as specified in the Housing Law and this Decree or assigned by provincial-level People’s Committees.

3. District-level People’s Committees shall organize the coercive handover of maintenance funds for the common areas of condominiums in accordance with the Housing Law and this Decree; perform the state management of housing in their localities according to their functions and tasks as specified in the Housing Law, this Decree and the law on organization of local administration and as directed by provincial-level People’s Committees.

4. When constructing or renovating/repairing a single-story building with multiple apartments or accommodations for lease, the commune-level People’s Committee of the locality where the building is located shall examine the building to ensure that such building complies with the regulations on criteria for independent houses and other relevant criteria, and at the same time meet fire safety requirements as specified by the law on fire prevention and fighting.

5. Chairpersons of provincial- or district-level People’s Committees and heads of related local agencies shall take responsibility before law for delayed implementation of, failure to implement, or improper implementation of, the Housing Law, this Decree and legal documents on housing.

Article 94. Effect

1. This Decree takes effect on August 1, 2024.

2. From the effective date of this Decree, the following decrees cease to be effective:

a/ The Government’s Decree No. 99/2015/ND-CP of October 20, 2015, detailing and guiding the implementation of a number of articles of the 2014 Housing Law;

b/ The Government’s Decree No. 30/2019/ND-CP of March 28, 2019, amending and supplementing a number of articles of Decree No. 99/2015/ND-CP, detailing and guiding the implementation of a number of articles of the Housing Law;

c/ The Government’s Decree No. 30/2021/ND-CP of March 26, 2021, amending and supplementing a number of articles of Decree No. 99/2015/ND-CP, detailing and guiding the implementation of a number of articles of the Housing Law.

3. To annul Article 5; and Clause 3, Article 16, of the Government’s Decree No. 35/2023/ND-CP of June 20, 2023, amending and supplementing a number of articles of the Decrees in the fields under the state management of the Ministry of Construction; to annul Article 9 of the Government’s Decree No. 104/2022/ND-CP of December 21, 2022, amending and supplementing a number of articles of the Decrees concerning the submission and presentation of household registration books and temporary residence books in paper form upon the performance of administrative procedures and provision of public services.

Article 95. Transitional provisions

1. In case a housing investment project is located in an area not in need of national defense and security assurance as notified by the Ministry of National Defense or Ministry of Public Security but later the area is classified to be in need of national defense and security assurance as notified by the Ministry of National Defense or Ministry of Public Security, the provincial-level People’s Committee of the locality where the houses are located shall:

a/ Notify such to the project owner for the latter not to continue leasing-purchase or selling the houses to foreign organizations or individuals;

b/ Direct the agency granting the Certificate to assume the prime responsibility for, and coordinate with the provincial-level housing management agency in, notifying foreign organizations or individuals that have owned houses for the latter to sell or donate the houses to domestic organizations or individuals or Vietnamese citizens residing abroad;

c/ Based on the actual situation of national defense and security assurance in areas where foreign organizations or individuals own houses, assume the prime responsibility for, and coordinate with the Ministry of National Defense or Ministry of Public Security in, determining the time for clearance for house owners being foreign organizations and individuals.

The clearance specified at this Point and the compensation for foreign organizations or individuals that have owned the houses subject to clearance shall be carried out in accordance with the policies and ground clearance and compensation under the land law upon the use of land for national defense and security purposes. Procedures for clearance and compensation, support and resettlement are those for clearance, compensation, support and resettlement specified in the land law. After the clearance under this Point, the houses shall be managed and used in accordance with the housing law and the law on public asset management and use.

2. Transitional handling for housing development programs and plans:

a/ In case a provincial-level People’s Committee has approved funds for the formulation or adjustment of a housing development program or plan and is carrying out procedures for formulation or adjustment of a provincial-level housing development program or plan before the effective date of this Decree, it shall continue to comply with the approved contents;

b/ In case a provincial-level People’s Committee has approved a housing development program before the effective date of this Decree but the program’s period is not conformable with the period of a national housing development strategy, it is required to formulate and approve the housing development program with the period conformable with the period of the national housing development strategy.

The period of the whole program (including also the period of the supplementary program as specified at this Point) must follow the period of a national housing development strategy;

c/ In case a housing development program or plan is approved before the effective date of this Decree but, after the effective date of this Decree, there arises a ground for adjustment of the program or plan in accordance with the Housing Law, the provincial-level People’s Committee shall adjust the housing development program or plan in accordance with this Decree.

3. Within 8 months from the effective date of this Decree, the commune-level People’s Committee of the locality where exist single-story houses involving multiple apartments and accommodations for lease shall review and request house owners to take fire safety solutions for such houses in accordance with the law on fire prevention and fighting. In case house owners fail to take solutions as requested, they may not lease such houses.

4. Transitional handling for cases of capital mobilization for housing development:

a/ An investor that obtains a notice of eligibility to mobilize capital in accordance with the housing law before the effective date of this Decree shall continue to comply with such notice;

b/ If an investor has submitted a dossier of request for notice of eligibility to mobilize capital but, by the effective date of this Decree, has yet to obtain the competent agency’s notice, it/he/she shall continue to comply with the regulations effective at the time of dossier submission. If the investor is qualified for mobilizing capital at the time of dossier submission, the provincial-level housing management agency shall issue a notice of eligibility for capital mobilization, and send it to the project owner;

c/ In case the parties signed a contract on capital contribution, investment cooperation or business cooperation before the effective date of the Government’s Decree No. 99/2015/ND-CP and reached an agreement on division of 20% of housing products under the Government’s Decree No. 71/2010/ND-CP of June 23, 2010, detailing and guiding the implementation of the Housing Law, but by the effective date of this Decree, they have yet to divide the housing products, they may continue to do so based on the agreement specified in the signed contract. The parties shall liquidate this contract and sign a house purchase and sale contract when qualified for selling this house in accordance with the law on real estate business;

d/ A project owner that mobilizes capital for housing development through the issuance of bonds, stocks and fund certificates before the effective date of this Decree shall continue to comply with the regulations effective before the effective date of this Decree.

5. Transitional handling for transfer of land use rights in the form of division of land plots for sale to individuals to build houses by themselves:

For a housing investment project located in a ward, urban district or city of a special-grade, grade-I, grade-II or grade-III urban area in which the provincial-level People’s Committee has issued a document determining areas and locations eligible for transfer of land use rights in the form of division of land plots for sale to individuals to build houses by themselves, or for which the competent agency has approved investment policy allowing the project owner to transfer land use rights in the form of division of land plots for sale to individuals to build houses by themselves before the effective date of the Housing Law, such document or investment policy shall continue to apply.

If the competent agency has received a dossier but, by the effective date of the Housing Law, has yet to issue a permission, or the investment policy for the project has yet to be approved, the Housing Law and this Decree shall apply.

6. Transitional handling for houses classified as public assets:

a/ In case of purchase/sale of an old house classified as a public asset but, by the effective date of this Decree, the purchaser fails to fulfill the obligation to pay for the house under the signed contract, the seller shall settle the case based on terms of the signed purchase and sale contract and regulations effective at the time of contract signing;

b/ In case a decision on approval of the sale price of an old house classified as a public asset is issued before the effective date of this Decree, but the purchaser does not sign a house purchase and sale contract in accordance with the housing law at the time of decision issuance, such decision shall no longer apply. The approval of house sale price after the effective date of this Decree must comply with this Decree. In case a person currently using such house wishes to continue renting the house and still eligible for house rent under the Housing Law and this Decree, he/she may be considered to continue renting the house under the existing contract. In case the rent contract has expired, a new contract shall be signed according to the procedures specified in this Decree;

c/ If the competent agency issues before the effective date of this Decree a decision on approval of sale price of an old house classified as a public asset, for profitable streetside independent houses specified in Decree No. 99/2015/ND-CP, the house may be sold at the approved sale price;

d/ If a dossier of request for recognition of land use rights for a vacant land area within the premises of an old house classified as a public asset is submitted before the effective date of this Decree but, by the effective date of this Decree, the competent agency has issued a decision on transfer of land use rights for cases of construction of a house on a vacant land area, such decision shall apply. If such a decision has not yet been issued, the vacant land area within the old house shall be handled in accordance with the land law;

dd/ In case a dossier of request for settlement of a land area adjacent to an old house classified as a public asset or a dossier for purchase of an old house classified as a public asset in association with the settlement of the adjacent land area is submitted before the effective date of this Decree, but by the effective date of this Decree, the competent agency has yet to issue a decision approving the sale price of the house, such dossier shall be processed in accordance with the housing law before the effective date of this Decree.

In case a dossier of request for purchase of an old house classified as a public asset is submitted before the effective date of this Decree, the dossier shall be processed based on the time of its submission under Decree No. 99/2015/ND-CP;

e/ In case the purchaser of an old house classified as a public asset is a person with meritorious services to the revolution who was arranged house for use during the period between November 27, 1992, and before January 19, 2007, and obtains a decision on approval of house sale price before the effective date of this Decree, but by the effective date of this Decree, no house purchase and sale contract has been signed, the house price shall be reduced under Point b, Clause 2, Article 73 of this Decree in the house sale price before the signing of the house purchase and sale contract. In case a house purchase and sale contract is signed before the effective date of this Decree, the house purchase/sale price specified in the signed contract shall apply;

g/ Official residences with function conversion schemes submitted to competent agencies under Decree No. 99/2015/ND-CP shall continue to comply with Decree No. 99/2015/ND-CP;

h/ For student accommodations built by the State before the effective date of the Prime Minister’s Decision No. 65/2009/QD-TTg of April 24, 2009, promulgating a number of mechanisms and policies to build accommodations for lease to students of universities, colleges and professional intermediate schools and vocational schools (June 10, 2009) and student accommodations built by the State after June 10, 2009, their lease management, operation management and recovery must comply with the housing regulations enacted before the effective date of this Decree, except houses eligible for function conversion specified in Article 57 of this Decree.

7. In case a condominium graded in accordance with the housing law before the effective date of this Decree, upon the expiration of the term stated in the decision on recognition of condominium grade, the grading of such condominium must comply with this Decree.

8. Transitional handling for units qualified for condominium operation management:

Within 12 months after the effective date of this Decree, condominium operation management units that are notified as units qualified for condominium operation management in accordance with the housing law effective before the effective date of this Decree shall send their dossiers specified in Clause 2, Article 84 of this Decree to one of the competent agencies specified in Clause 1, Article 85 of this Decree for consideration and notification of units qualified for condominium operation management in accordance with the Housing Law and this Decree. Past this time limit, if no notification of units qualified for condominium operation management is issued, it is not allowed to sign condominium operation management service contracts.

9. Transitional handling for coercive recovery of maintenance funds for common areas of a condominium:

In case the competent agency issues a decision on coercive recovery of maintenance funds for common areas of a condominium in accordance with the housing law before the effective date of this Decree, such decision shall continue to be implemented. If by the effective date of this Decree, such decision has yet to be implemented, the coercive recovery may continue to be carried out in accordance with the issued decision without having to issue another decision. Procedures for coercive handover of maintenance funds for common areas of condominiums must comply with this Decree.

10. Transitional handling for handover of technical infrastructure facilities of condominiums:

If by the effective date of this Decree, a decision or document on investment policy approval or another document of equivalent legality under the investment and housing laws requests the handover of technical infrastructure facilities in the condominium area, but the project owner still fails to hand over them, then the handover shall be carried out as follows:

a/ Within 60 days after the effective date of this Decree, the project owner shall issue a written request for handover, and send it together with a dossier on acceptance testing of technical infrastructure facilities in the condominium area to the agency assigned to receive such facilities;

b/ Within 30 days after receiving the project owner’s request, the provincial-level People’s Committee shall issue a document to assign an agency to receive the handover and send it to the project owner for carrying out procedures for the handover;

c/ Within 30 days after receiving the document of the provincial-level People’s Committee, the agency assigned to receive the handover shall receive the dossier and receive technical infrastructure facilities of the condominium area from the project owner for management, operation and use according to the objectives and functions of such facilities. The handover shall be recorded in a minutes;

d/ Expenses for management, operation, maintenance and use of technical infrastructure facilities in the condominium area after the handover under this Clause shall be covered by local budgets funds for recurrent expenditures in accordance with the law on the state budget.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
TRAN HONG HA

* The Appendices to this Decree are not translated.