Decree No. 30/2019/ND-CP amending the Decree No. 99/2015/ND-CP

DECREE

Amending and supplementing a number of articles
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^[1]

Pursuant to the September 16, 2015 Law on Organization of the Government;

Pursuant to the November 25, 2014 Housing Law;

At the proposal of the Minister of Construction;

The Government promulgates the Decree amending and supplementing a number of articles 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.

Article 1.To amend and supplement a number of articles 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, as follows:

1.To add the following Article 57a after Article 57 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), as follows:

“Article 57a. Determination of the time of arrangement of state-owned old houses for use

1. In case those who are actually using houses have house rent contracts and are named in such contracts, the time of arrangement of such houses for use shall be determined as follows:

a/ If the time of arrangement of such houses for use is stated in house rent contracts, it shall be determined in accordance with the time stated in such contracts;

b/ If house rent contracts do not state the time of arrangement of such houses for use, it shall be determined in accordance with the time of contract signing;

c/ In case house rent contracts are required to be re-signed or extended, the time of arrangement of such houses for use shall be determined in accordance with the time stated in the first-time contracts;

d/ In case those who are currently using houses have papers proving payment of house rentals before signing house rent contracts, the time of arrangement of such houses for use shall be determined in accordance with the time of payment of house rentals; in case competent agencies already collect house rentals (with papers proving payment of house rentals) upon signing house rent contracts, the time of arrangement of such houses for use shall be determined in accordance with the time house rentals are collected;

dd/ In case those who are currently using houses have decisions or documents on house distribution or arrangement for use (below referred to as house arrangement documents) and are named in such documents before the time of signing house rent contracts, the time of arrangement of such houses for use shall be determined in accordance with the time stated in house arrangement documents. In case the time is not stated in such documents, it shall be determined in accordance with the time such documents are issued.

2. In case those who are actually using houses do not have house rent contracts but are named in house arrangement documents, the time of arrangement of such houses for use shall be determined in accordance with the time stated in such documents. In case the time is not stated in such documents, it shall be determined in accordance with the time such documents are issued.

3. In case those who are actually using houses acquire the transferred right to rent houses (having house rent contracts or house arrangement documents but being not named in such contracts or documents), the time of arrangement of such houses for use shall be determined in accordance with the time the first person is named in such contracts or documents.”

2.To amend and supplement Clause 5, Article 60 of Decree No. 99/2015/ND-CP as follows:

“5. The time limit for processing an application for rent of an old house is 30 days after the dossier-receiving agency receives a complete dossier. The term of an old house rent contract is 5 years after the contract is signed, unless the house lessee wishes to rent such house for a shorter term.

At the expiration of the house rent duration, if the lessee still satisfies the rent conditions and wishes to rent the house, the house rent contract may be extended with the term equal to that of the previous contract, except the cases subject to house recovery prescribed by law.”

Article 2.Transitional provisions

1. If house purchase and sale contracts are signed before the effective date of this Decree, the determination of the time of arrangement of houses for use is not required under this Decree.

If a house purchase dossier is submitted before the effective date of this Decree; however, by the effective date of this Decree, the parties fail to sign the house purchase and sale contract, the determination of the time of arrangement of houses for use must comply with this Decree.

2. In case house rent contracts are signed before the effective date of this Decree with the house rent duration different from that prescribed in this Decree, the parties are not required to re-sign such contracts. In case house rent contracts are to be re-signed or extended on the effective date of this Decree, the determination of the house rent term must comply with this Decree.

Article 3.Implementation provisions

1. This Decree takes effect on May 15, 2019.

2. The Ministry of Construction shall guide and organize the implementation of this Decree.

3. Ministers, heads of ministerial-level agencies and government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On the behalf of the Government
Prime Minister
NGUYEN XUAN PHUC