Nghị định 34/2013/ND-CP

Decree No. 34/2013/ND-CP of April 22, 2013, on the management and use of state-owned houses

Decree No. 34/2013/ND-CP on the management and use of state-owned houses đã được thay thế bởi Decree of Government No. 99/2015/ND-CP on guidelines for the law on housing và được áp dụng kể từ ngày 10/12/2015.

Nội dung toàn văn Decree No. 34/2013/ND-CP on the management and use of state-owned houses


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 34/2013/ND-CP

Hanoi, April 22, 2013

 

DECREE

ON THE MANAGEMENT AND USE OF STATE-OWNED HOUSES

Pursuant to the Law on Government organization dated December 25th 2001;

Pursuant to the Law on Land dated November 26th 2003;

Pursuant to the Civil Code dated June 14th 2005;

Pursuant to the Law on Housing dated November 29th 2005;

Pursuant to the Law on Management and use of State-owned property dated June 03rd 2008;

Pursuant to the Ordinance on Incentives for contributors to revolution No. 26/2005/PL-UBTVQH11 dated June 29th 2005 and the Ordinance No. 04/2012/UBTVQH13 dated July 16th 2012 on amendments to the Ordinance on Incentives for contributors to revolution;

At the request of the Minister of Construction;

The Government issue a Degree on the management and use of state-owned houses

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides guidance on the implementation of some regulations on the management, use, lease, hire-purchase, and sale of state-owned houses

2. State-owned houses in this Decree include:

a) Public houses;

b) Social housing partially or wholly invested by the State budget (hereinafter referred to as state-owned social housing)

c) Dormitories partially or wholly invested by the State budget or derived from the State budget under the management of Services of Education and Training; student housing invested by the State under the Decisions of the Prime Minister (hereinafter referred to as student housing);

d) Houses derived from the State budget or houses under other ownerships that pass into the state ownership and used for living as prescribed by law, including autonomous houses (hereinafter referred to as old houses).

3. The State-owned property being offices, guest houses, official accommodations, and other types of state-owned houses are not regulated by this Decree.

Article 2. Subjects of application

1. Tenants and buyers of state-owned houses; people that lease state-owned houses with an option to buy them (hereinafter referred to as hirers).

2. Agencies in charge of the management and use of state-owned houses (hereinafter referred to as managing authorities)

3. Organizations and individuals involved in the management and use of state-owned houses

Article 3. Rules for the management and use of state-owned houses

1. The management of state-owned houses must be consistent, the duties of involved agencies must be clearly assigned in order to sustain and develop this housing fund.

2. The use of state-owned houses must serve legitimate purposes, ensure the efficiency, and avoid wastefulness.

3. State-owned houses must ensure quality and safety for their users in accordance with the laws on housing, construction, and relevant laws.

4. The lease, hire-purchase, and sale (hereinafter referred to as lease and sale) of state-owned houses must ensure legitimate subjects, conditions, and comply with this Decree.

5. All violations against the laws on the management and use of state-owned houses shall be strictly penalized as prescribed by law.

Chapter 2.

MANAGING AUTHORITIES

Article 4. Agencies in charge of the management of state-owned houses

1. The agencies that represent the ownership of state-owned houses (hereinafter referred to as ownership representatives) funded by the central budget include:

a) The Ministry of Construction shall represent the ownership of public houses of the Government and state-owned social housing funded by the central budget (excluding state-owned social housing invested by the Ministry of National Defense and the Ministry of Public Security) and student housing under the management of educational institutions affiliated to the Ministry of Construction;

b) The Ministry of National Defense and the Ministry of Public Security shall represent the ownership of public houses and state-owned social housing invested by the Ministry of National Defense and the Ministry of Public Security, student housing under the management by educational institutions affiliated to the Ministry of National Defense and the Ministry of Public Security. The Ministry of National Defense shall represent the ownership of old houses under its management;

c) Other Ministries and central agencies shall represent the ownership of publish houses under their management, student housing under the management of educational institutions affiliated to them.

2. People’s Committees of central-affiliated cities and provinces (hereinafter referred to as provincial People’s Committees) shall represent the ownership of local state-owned houses under their management.

3. Managing authorities are agencies assigned by the ownership representatives prescribed in Clause 1 and Clause 2 of this Article to manage state-owned houses, in particular:

a) For Ministries and central agencies: the agencies in charge of housing management affiliated to such Ministries and central agencies;

b) For local governments: Services of Construction

c) Educational institution shall manage student housing under their management.

4. The units in charge of the management and operation of state-owned houses (hereinafter referred to as house operators) are organizations or enterprises licensed or qualified to manage and operate houses, assigned to manage houses in the form of appointment or competitive bidding.

Public houses for teachers, doctors, and health workers that lie within or adjacent to schools of medical facilities may be managed by such schools of medical facilities.

Article 5. Rights and responsibilities of representatives of state-owned houses

1. The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree have the following rights and responsibilities to the houses under their management:

a) Decide the people eligible to lease public houses, lease and buy old houses, lease and hire with an option to buy (hereinafter referred to as hire) state-owned social housing;

b) Select house operators;

c) Decide the maintenance, upgrade, dismantlement, and reconstruction of houses;

d) Issue or decide the rents, hire-purchase, and sale prices;

dd) Decide to take back houses;

e) Other rights and responsibilities delegated by the Prime Minister.

2. The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree may delegate managing authorities prescribed in Clause 3 Article 4 of this Decree to exercise the rights prescribed in Point b Clause 1 of this Article. The Ministry of National Defense and the Ministry of Public Security may delegate managing authorities to exercise the rights in Points a, b, and dd Clause 1 of this Article.

Article 6. Rights and responsibilities of managing authorities

The managing authorities prescribed in Clause 3 Article 4 of this Decree has the following rights and obligations:

1. Review, make statistics, and classify houses under their management, manage autonomous houses delegated by central agencies (if any) in accordance with this Decree;

2. Make and submit plans for the maintenance, upgrade, or reconstruction of houses to the ownership representatives for approval;

3. Compile and retain documents about houses and send 01 as-built dossier (for new construction) or drawing dossier (for old houses) to the house operators;

4. Make and submit decisions on the persons eligible to lease public houses, decision on the persons eligible to lease or hire state-owned social housing, and decisions on the persons eligible to lease or hire old houses. Managing authorities may decide the persons eligible to lease, hire, or purchase houses under the management of the Ministry of National Defense and the Ministry of Public Security if they are assigned.

5. Request the ownership representatives to select a house operator or select a house operator if assigned;

6. Impose the rents and sale prices of houses under their management based on the laws on the brackets of rents, hire-purchase and sale prices of state-owned houses, and request the ownership representatives to decide;

7. Report the decisions to take back houses to ownership representatives. The managing authorities affiliated to the Ministry of National Defense and the Ministry of Public Security may decide to take back houses under their management if assigned;

8. Manage, inspect, and supervise the lease, maintenance, maintenance, hire-purchase and sale of houses in accordance with this Decree;

9. Inspect the financial statements of house operators;

10. Carry out inspections, supervision, penalize violations, or request competent authorities to penalize violations relating to the management and use of houses;

11. Summarize and report the management and use of houses as prescribed.

Article 7. Rights and responsibilities of house operators

1. Manage and operate houses handed over by competent authorities as prescribed in Clause 3 Article 4 of this Decree in accordance with this Decree and relevant laws.

2. Lease out and manage the use of houses in accordance with given tasks or contracts signed with managing authorities and this Decree;

3. Compile and issue the regulations on the management and use of houses under the guidance of the Ministry of Construction, and spread these regulations among tenants, hirers, and users of houses.

4. Tightly manage the unsold state-owned houses.

5. Utilize the area serving business and service provision (if any) in projects of public houses and state-owned social housing as prescribed by law to create sources of incomes for defraying the cost of house management and maintenance. The management and operation of houses in this Clause are eligible to policies similar to those of public services.

6. Compile and retain documents relating to the construction, operation, warranty, maintenance, and upgrade of houses; arising documents shall be submitted to managing authorities for retention.

7. Organize the maintenance, operation, and upgrade of houses in accordance with the plans approved by competent authorities.

8. Carry out inspections to discover violations against the laws on management and use of houses, and request competent authorities to take disciplinary actions.

9. Cooperate with local competent authorities in ensuring the security and order for tenants and hirers.

10. Take backs houses under decisions of competent authorities.

11. Make and send periodic or unscheduled reports on the management and use of houses.

12. Fulfill and exercise other rights and responsibilities as prescribed by law.

Article 8. Order and contents of reports on the management of state-owned houses

1. Order of reporting the management of state-owned houses:

a) House operators shall send reports to managing authorities prescribed in Clause 3 Article 4 of this Decree;

b) Managing authorities shall send reports to corresponding ownership representatives.

c) Provincial People’s Committees, Ministers, and central agencies in charge of state-owned houses shall send reports to the Ministry of Construction on the management and use of houses under their management;

d) The Ministry of Construction shall summarize and send reports to the Prime Minister on the management and use of houses nationwide.

2. Report contents:

a) The agencies in Clause 1 of this Article shall report the management and use of houses in every December or at unscheduled requests of the Prime Minister and the Ministry of Construction;

b) The Ministry of Construction shall provide guidance on the report contents to ensure the uniformity in national housing database; apply appropriate information technology in each stage of development of Vietnam.

Article 9. Management of receipts from the lease, hire-purchase and sale of state-owned houses

1. Receipts from the lease, hire-purchase and sale of state-owned houses in this Decree, after deducting the administrative expense and other legitimate expenses (including the expenditure on organizing the sale and hire-purchase of houses as prescribed by law), shall be submitted to the Housing Development Fund, or left in a separate section of the budget of provincial People’s Committees (in provinces that have not establish Housing Development Fund) to sustain and develop state-owned houses, including:

a) Maintain and upgrade state-owned houses;

b) Investment in reconstruction of state-owned houses;

2. The Ministry of Finance shall cooperate with the Ministry of Construction in providing guidance on collecting and spending receipts from the lease and sale of state-owned houses prescribed in Clause 1 of this Article; ensure the openness and transparency, avoid wastefulness in the management and use of this source of income.

Article 10. Prohibited acts in the management and use of state-owned houses

1. Leasing and selling houses ultra vires; leasing or selling houses to improper people or inconformably with this Decree.

2. Transferring lease, hire-purchase or sale contracts; leasing back or lending leased or hired houses improperly.

3. Not using houses for living.

4. Repairing, upgrading, dismantling, or rebuilding houses without permission.

5. Using receipts from the lease, hire-purchase and sale of houses for illegitimate purposes according to this Decree.

6. Other prohibited acts in the management and use of state-owned houses

Chapter 3.

MANAGEMENT OF THE LEASE, HIRE-PURCHASE, SALE, AND USE OF STATE-OWNED HOUSES

Article 11. Subjects and conditions for renting public houses

1. Public houses are used for subjects eligible for leasing while performing their tasks; publics houses shall be returned to the State when the tenants move or stop working. Subjects eligible to hire public houses:

a) Senior officials of the Communist Party and the State shall stay in public houses while performing their tasks;

b) Officials of Communist Party’s agencies, state agencies, and socio-political organizations shall be moved according to their work requirements;

c) Military officers and professional soldier in the army that are mobilized to serve National defense and security;

d) Teachers sent to remote areas, particularly disadvantaged areas, bordering areas, and islands;

dd) Doctors and health workers sent to remote areas, particularly disadvantaged areas, bordering areas, and islands; or rotationally sent to lower medical facilities and hospitals for a certain period

Where the tenant of a public house in this Point lives with his or her family (parents, spouse, children whose names are in the same residence book with the tenant), the public house area shall be extended under the Decision of the Prime Minister on the conditions for using public houses.

2. Conditions for leasing public houses:

a) The subjects in Point a Clause 1 of this Article shall be provided with public houses according to security requirements;

b) The subjects in Points b, c, d, and dd Clause 1 of this Article must not own, buy, lease, or hire social housing in the locality where they work.

If the public housing fund is not sufficient, the organization responsible for such subjects shall lease other houses with similar standards to pubic houses. The rent for this house shall be extracted from wages of the tenant. Where the rent is higher than the price to which the tenant is entitled, the State budget shall pay for this difference: the central budget shall pay for officials under the management of central agencies, local budgets shall pay for officials under the management of local agencies.

Article 12. Subjects and conditions for leasing and hiring public houses

1. Article 12. Subjects and conditions for leasing and hiring public houses:

a) Contributors to revolution according to the Ordinance on incentives for contributors to revolution;

b) Officials, public employees in administrative agencies, communist agencies, and associations whose wages are paid by the State budget;

c) Military officers and professional soldier in the army whose wages are paid by the State budget;

d) Workers in industrial parks, industrial complexes, and enterprises outside industrial parks;

dd) Low earners and poor households facing problems in housing in urban areas;

e) The disabled, the elderly who live alone, and special subjects facing housing problem in urban areas.; The disabled and the elderly that have no residence nor income shall be sent to social protection centers of the State;

g) The subjects that have returned public houses when they are no longer eligible to rent public houses;

h) Households and individuals in resettlement programs who have not been provided with resettlement land or residences.

2. A subject is eligible to rent state-owned social housing when:

a) He owns no house, or has not leased or hired social housing; or has not provided with land or housing by the State in any shape or form, or has owned a house but it cramped, the average area is 5m2 per person, or the house is in a poor condition;

b) He has a permanent residence or a labor contract of at least 1 year and has paid social insurance where the house is rented.

Low earners in Point dd Clause 1 of this Article are people that are not obliged to pay regular income tax as prescribed by law on personal income tax; poor households in Point dd Clause 1 of this Article are households that satisfy the standards of the Prime Minister; the disabled and lonely elderly must be certified by People’s Committees of the districts or towns where they live;

Do not apply the conditions in Point a and Point b of this Clause to the subjects in Point h Clause 1 of this Article. The conditions applicable to such subjects shall be decided by provincial People’s Committees.

3. Conditions for hiring state-owned social housing:

a) Satisfy all conditions prescribed in Clause 2 of this Article. The conditions applicable to the subjects in Point h Clause 1 of this Article shall be decided by provincial People’s Committees;

b) The first installment of the hire-purchase is 20% of value of the house.

Article 13. Subjects and conditions for renting state-owned student housing

1. The subjects eligible to lease state-owned student housing are students of universities, colleges, vocational high schools, vocational colleges, and vocational intermediate schools. Where housing is not adequate, housing shall be provided in the following order of priority: students being children in families being beneficiaries of social policies; students in poor households as prescribed by the State; students in remote areas and in provinces; elite students, and first-year students.

2. A student must study in an educational institution (certified by that educational institution) to lease state-owned student housing.

Article 14. Subjects and conditions for state-owned old houses

1. The subjects eligible to rent state-owned old houses are current tenants who wish to keep renting them.

2. Tenants of hold houses must fall into one of the following cases:

a) If the house is being used and the tenant’s name is in the lease contract, then the lease contract shall not be remade unless it expires.

b) If the house is being used and the tenant’s name is not in the lease contract but in the decision to provide housing, the lease contract shall be signed with the house operator

b) If the house is being used and the tenant’s name is not in the lease contract nor in the decision to provide housing, and a dispute over such house is not arise, a written approval must be made by the managing authority, and the lease contract shall be signed with the house operator.

Article 15. Rents, hire-purchase prices, and expenses relating to the lease and hire-purchase of state-owned houses

1. Rents for public housing shall include the administrative, operation, and maintenance expense, excluding construction depreciation and land levies.

2. Rents for state-owned social housing shall ensure the capital recovery for at least 20 years from the day on which the lease contract is signed, excluding land levies.

The hire-purchase prices of state-owned social housing shall ensure the expense recovery for 10 years, excluding land levies. The first installment of the hire-purchase is 20% of the value of the house, the remainder shall be paid for at least 10 years from the day on which the hire-purchase contract is signed.

3. Rents for student housing shall include all administrative, operation, and maintenance expenses, excluding construction depreciation and land levies.

4. Rents for old houses:

a) Rents for houses or non-resident buildings allocated before July 05th 1994 (the day on which the Government's Decree No. 61/CP on trade in housing is promulgated), but have not been upgraded shall comply with the Prime Minister’s Decision on rents for state-owned houses that have not been upgraded or rebuilt.

b) Rents for the houses in Point a of this Clause have been upgraded or rebuilt; houses or non-residential buildings allocated after July 05th 1994 are similar to state-owned social housing.

5. Tenants of apartments being state-owned social housing and old houses shall pay the administrative fees as prescribed.

6. The Ministry of Construction shall provide guidance on the determination of rents for state-owned houses prescribed in this Article.

Article 16. Exemption and reduction of rents for state-owned houses

1. The exemption and reduction of rents shall comply with the following principles:

a) Do not exempt or reduce rents for public housing, student housing, and houses prescribed in Point c and Point d Clause 1 Article 22 of this Decree;

b) The persons of the persons given rent exemption or reduction must be named in lease contracts (including the representative and other members named in the lease contracts)

c) The exemption or reduction of rent is given once to the tenant. A person who rents multiple state-owned houses shall be eligible for the exemption or reduction of rent for only one of them;

d) Where a person eligible for multiple levels of rent exemption or reduction, he or she shall enjoy the highest level of rent exemption or reduction;

dd) Where at least 02 persons in a household who are renting houses and eligible for rent reduction, they are entitled to rent exemption.

2. The subjects eligible for rent exemption and reduction:

a) Revolutionists before January 01st 1945;

b) Revolutionists from January 01st 1945 to August’s Revolution 1945;

c) Relatives of martyrs;

d) Heroic Mothers of Vietnam;

dd) War heroes;

e) Heroes of labor in wars;

g) War invalids and beneficiaries of similar policies on war invalids;

h) Sick soldiers;

i) Partisans contaminated with toxic chemicals;

k) Revolutionists and partisans arrested and imprisoned by enemies;

l) Revolutionists and participants in liberation, national protection, and fulfillment of international obligations;

m) Contributors to revolution;

n) Poor households as prescribed by the Prime Minister;

o) The disabled, lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas.

3. The rent exemption and reduction for the subjects prescribed in Clause 2 of this Article shall comply with the Prime Minister’s Decisions.

Poor households, the disabled, lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas are entitled to a 60% reduction of rents. This reduction is applicable to the whole household (not to each member of the household).

Article 17. Contracts to lease and hire state-owned houses

1. The lease and hire-purchase of a state-owned house shall be made in a contract signed with the house operator (when renting) or with the managing authority (when hiring)  For public housing, the house operator shall sign the lease contract with the tenant or signed with the organization responsible for the tenant of public housing.

2. A lease contract or hire-purchase contract of state-owned houses include:

a) Names and address of parties;

b) Description of the house (position and floor plan);

c) The rent, hire-purchase price, and method of payment.

The exemption or reduction of the rent for old houses or state-owned social housing must be specified (if the tenant is eligible for rent exemption or reduction); the first installment of the hire-purchase of state-owned social housing being 20% of the house value, and the next installments must be specified;

d) The lease period and hire-purchase period; the shortest hire-purchase period is 10 years from the day on which the contract is signed.

dd) Rights and responsibilities of parties;

e) Commitments of parties;

g) Method for settling disputes and the organization in charge of dispute settlement;

h) Other agreements (if any);

i) Contract conclusion date;

k) Signatures of parties;

3. A lease contract or hire-purchase contract shall be terminated when:

a) Both parties agrees to terminate the lease contract or hire-purchase contract;

b) The tenant is no longer eligible to lease the house;

c) The tenant dies and one in his or her household (parents, spouse, children) is living together. When a tenant of public housing dies, the lessor is entitled to terminate the lease contract.

The installment contract shall be terminate when the hirer dies without a legal inheritor, or less than 2/3 of the hire-purchase period is passed though a legal inheritor is present.

d) The tenant or hirer fails to pay the rent for 3 consecutive months without legitimate reason;

dd) The tenant or hirer repairs, upgrades, or changes the structure of the house without permission;

e) The tenant or hirer transfers the right to lease or buy to another person;

g) The house suffers from serious damage and threatens to collapse, and the tenant or hirer has to move from the house under the decision of competent authorities; or the house lies within the area where competent authorities have made decisions on land withdrawal, land clearance, or house dismantlement;

h) A party unilaterally terminate the contract in accordance with the agreements in the contract or in accordance with law.

4. According to this Article, the Ministry of Construction shall specify the lease periods of each subjects and issue templates of contracts to lease and to hire state-owned houses to apply nationwide.

Article 18. Documentation, order, and procedure for leasing and hiring state-owned houses

1. Documentation for leasing and hiring state-owned houses includes the application for the lease or hire-purchase of housing (according to the template provided by the Ministry of Construction), papers proving the entitlement to rent exemption or reduction, and relevant papers.

2. The procedure for the lease or hire-purchase of housing shall be done within 30 days from the day on which the house operator receives the complete and valid dossier.

3. The Ministry of Construction shall specify this Article to ensure the firm management, simple procedure, and convenience for tenants and hirers.

Article 19. Rights and responsibilities of lessors and owners

1. Sign contracts with legitimate subjects and for legitimate purposes; terminate contracts in the cases prescribed in Clause 3 Article 17 of this Decree.

2. Collect rents and installments sufficiently and punctually. When the tenant of public housing who directly signs the contract fails to pay the rent for 03 consecutive months, the house operator shall request the organization responsible for such tenant to deduct the rent from the tenant’s wages; the organization responsible for the tenant shall deduct the rent from the tenant’s wages and make payment to the lessor.

3. Carry out maintenance and operate leased and hired houses as prescribed by law on construction and housing.

4. Notify tenants and hirers of the regulations on the use of public housing, student housing, state-owned social housing, the regulations on the management of apartments or villas (if the leased or hired house is an apartment or villa); remind tenants and hirers to comply with these regulations.

5. The hirer shall receive 20% of the contract value (with an interest according to the interest rate on demand deposit of state-owned commercial banks at that time) that was paid in the first installment when the hirer no longer wishes to hire that house; if the hirer violates Points d, dd, and e Clause 3 Article 17 of this Decree during the hire-purchase period, the owner is entitled to take back the house and refuse to refund the 20% of the contract value that was paid by the hirer.

6. Detect the violations against the regulations on the management and use of housing and request competent authorities to take disciplinary actions.

7. Settle disputes and complaints about the management and use of housing, or request competent authorities to do it.

8. Take backs houses under decisions of competent authorities in this Decree.

Article 20. Rights and responsibilities of tenants and hirers

1. Rights of the tenant:

a) Receive housing according to the contract;

b) Use the housing are according to lease contract for themselves and their family members; student housing shall be used for students only;

c) Request house operators to repair the damage if such damage is not on account of the tenant; enable the lessor to carry out maintenance as prescribed;

d) The tenant may extend the lease contract after the lease period expires if he or she is still eligible to lease housing as prescribed;

dd) If a tenant of public housing returns the public housing without having owned any housing or leased any social housing, such tenant shall be entitled to buy, lease, or hire public housing or be supported by the provincial People’s Committee in other form that suit the actual condition;

e) Exercise other rights as prescribed by law.

2. Rights of the hirer:

a) The rights prescribed in Points a, b, and c Clause 1 of this Article;

b) Request the owner to apply for the Certificate of land use right, ownership of housing and property attached to land (hereinafter referred to as Certificates) after the final installment is made;

c) Make housing transaction after paying off hire installments according to the signed contract and issued with the Certificate; the shortest hire-purchase period is 10 years from the day on which the hire-purchase contract is signed.  Before the end of the 10-year period, the hirer may only sell the house to the State at a price not higher than the prices of social housing of the same type at that time.

d) Receive 20% of the contract value (with an interest according to the rate of interest on demand deposit of state-owned commercial banks at that time) when the hirer wishes to terminate the contract, except for the cases in Points d, dd, and e Clause 3 Article 17 of this Decree.

3. Responsibilities of the tenant:

a) Use the house for living; protect the house and equipment therein (if any); repair the damage and pay compensation for the damage on their account;

b) Pay the rent in accordance with the schedule in the lease contract; if the house is an apartment of state-owned social housing, the tenant shall pay the administrative expense. If a signatory to the contract to lease public housing is the organization responsible for the tenant, such organization shall deduct the rent from the tenant’s wages to pay the house operator;

c) Do not repair, upgrade, dismantle, and rebuild the rented house;

d) Do not change the purpose, lend, or lease back the house in any form or shape; the transfer of the right to lease old houses must be approved in writing by the managing authority, and the tenant must sign a lease contract with the house operator as prescribed;

dd) Comply with the regulations on the management and use of housing and decisions made by competent authorities;

e) Comply with the regulations on hygiene, environment, security, and order.

g) Return the house when the contract is violated to such an extent that the house must be returned, or when competent authorities take back the house, or when they are no longer eligible to lease the house.

h) Comply with the lease contract;

i) Fulfill other obligation as prescribed by law.

4. Responsibilities of the hirer:

a)) Fulfill the obligation in Points a, b, c, dd, e, g, h and i Clause 3 of this Article;

b) Do not lease, lease back, mortgage, or sell houses in any shape or form when all installments are not paid and the minimum period of 10 years is not over from the day on which the hire-purchase contract is signed, except for the case in which the hired house is sold to the State as prescribed in Point c Clause 2 of this Article.

Article 21. The management and use of state-owned houses

The management and use of state-owned houses (including the making, retention, of housing documents, warranty, maintenance, upgrade, and dismantlement of houses):

1. The making and retention of houses are done by managing authorities. Managing authorities shall provide housing documents to house operators in other to serve the management and operation of houses;

2. The housing warranty shall comply with the Law on Housing and the Decrees guiding the Law on Housing;

3. The housing warranty shall comply with the laws on construction maintenance and the laws on housing. Housing warranty includes regular maintenance, period repairs and unscheduled repairs aiming to sustain housing quality.

For old houses that have been partially or wholly sold to tenants as prescribed in the Government's Decree No. 61/CP on house trading, those joint owners shall pay for the maintenance in proportion to the are of housing under their ownership.

4. The upgrade and dismantlement of houses shall comply with the Law on Housing and legislative documents guiding the upgrade and dismantlement of houses issued by competent authorities.

Tenants of the houses that have been inspected by competent authorities and considered suffering from serious damage degradation that pose a threat to collapse shall move away from those houses and the affected areas to protect their lives and their property.

Where a tenant fails to find an accommodation during the upgrade or reconstruction of those houses, managing authorities shall allocate another place of such tenant which satisfies the housing standards. Tenants shall resettle in the upgraded or rebuilt houses in accordance with the contracts signed with house operators.

Article 22. The lease of houses and non-residential building being used for living after November 27th 1992 (hereinafter referred to as houses)

1. The State shall lease out houses according to this Decree in the following cases:

a) Houses that are allowed to be invested by the State budget before November 27th 1992 (the promulgation date of the Prime Minister’s Decision No. 118/TTg on house rents and inclusion of payment for housing in wages) but are put into use and allocated to officials and employees after November 27th 1992 according to this Decision;

b) A tenant has to move, return the house and is allocated with another place to lease after November 27th 1992;

c) A house or non-residential building being used for living during the period from November 27th 1992 until before July 05th 1994;

d) A house is allocated during the period from July 05th 1994 until before January 19th 2007 (the promulgation date of the Prime Minister’s Decision No. 09/2007/QD-TTg on the rearrangement and settlement of state-owned land and houses).

2. The rent in the cases prescribed in Clause 1 of this Article:

a) The rents for the houses in Points a, b, and c Clause 1 of this Article that have not been upgraded or rebuilt shall comply with the Prime Minister’s decisions on the rents for state-owned houses that have not been upgraded or rebuilt; the houses in Points a, b, and c Clause 1 of this Article that have been upgraded or rebuilt shall apply the rents for state-owned social housing;

b) The rents for houses prescribed in Point d Clause 1 of this Article are similar to those for state-owned social housing.

3. The houses being used from January 19th 2007 shall be settled in accordance with the regulations on the management of state-owned social housing.

Article 23. Cases in which state-owned houses are withdrawn

1. Houses are sold ultra vires, not to proper subjects, or not under the conditions in this Decree.

2. A leased house shall be withdrawn in one of the following cases:

a) The house is leased ultra vires, not to proper subjects, or not under the conditions in this Decree.

b) In one of the cases prescribed in Clause 3 Article 17 of this Decree;

c) The tenant returns the leased house;

d) Other cases as prescribed by law.

3. A hire house shall be withdrawn in one of the following cases:

a) The authority, subjects, and conditions for the hire-purchase are not conformable with this Decree;

b) In one of the cases in Points a, c, d, dd, e, g and h Clause 3 Article 17 of this Decree;

c) The hirer returns the hired house;

d) Other cases as prescribed by law.

4. The Ministry of Construction shall provide guidance on the order and process of withdrawing houses prescribed in this Article.

Chapter 4.

MANAGEMENT OF THE SALE OF STATE-OWNED HOUSES

Article 24. Types of houses banned from sale

1. The State shall not sell the following types of state-owned houses:

a) Public houses, student housing, and state-owned social housing, except for the cases in Clause 2 and Clause 3 Article 25 of this Decree;

b) Houses in the areas of where public houses or key constructions of the State are built;

c) The houses of which land has been withdrawn to upgrade, rebuilt, or to built another construction;

d) Non-residential buildings being used for living that must be rearranged under the decisions of the Prime Minister;

dd) Houses intended to be used as public houses or state offices; houses attached to historical or cultural sites ranked by competent authorities as prescribed by the laws on cultural heritage;

e) Apartment buildings that suffer from serious damage, degradation and pose a threat to collapse as concluded by competent authorities; open apartments that have not been upgraded, unless users have upgraded them before this Decree takes effect, and their use is independent, voluntary, and agreed in writing in the written request for purchase, and these apartments are not belong to damaged apartment buildings as prescribed in this Point;

g) Villas in the list of villas banned from sale made by provincial People’s Committees and approved by the Prime Minister before this Decree takes effect.

The villas reviewed after provincial People’s Committees send reports to the Prime Minister shall be managed in accordance with the criteria imposed by provincial People’s Committees and reported to the Prime Minister before this Decree takes effect.

2. Tenants of houses banned from sale prescribed in Clause 1 of this Article shall be settled in accordance with current policies on houses and residential land on a case-by-case basis.

Article 25. The subjects eligible to buy and conditions for selling state-owned houses

1. The buyer and the conditions for selling a house allowed to be sold:

a) The buyer must have sign the lease contract, pay sufficient rents, and submit a written request for buying that house, and that house is not in dispute or a lawsuit;

b) For houses of which the public ownership must be established according to the National Assembly’s Resolution No. 23/2003/QH11 dated November 26th 2003 on land and houses that have been managed and allocated while implementing the policies on land and house management and policies on socialist transformation before July 01st 1009, and the Resolution No.  755/2005/NQ-UBTVQH11 dated April 02nd 2005 of Standing Committee of the National Assembly on the settlement of some particular house and land cases while implementing the policies on land and house management and policies on socialist transformation before July 01st 1009, competent authorities shall complete the procedure for establishing public ownership before selling them;

c) When selling a non-residential building that is used for living before November 27th 1992, this building must satisfy the following conditions: its land is independent or separated from the agency; the building has separate passages, does not block the front of the office, does not affect the surrounding environment and landscapes; the building is not needed by the agency and is conformable with local land zoning approved by competent authorities.  The agency that does not need this building must transfer it to the local provincial People’s Committee to sell as prescribed in this Decree.

2. The public houses and student housing that are not needed by the State or must be moved to other places according to the planning approved by competent authorities without being dismantled, the Ministries, central agencies, and provincial People’s Committees in charge of those building shall send report or the Ministry of Construction, and request the Prime Minister to allow the conversion of purposes and manage the use in accordance with the laws on State-owned property management or selling houses under the guidance of the Ministry of Construction.

3. The Ministry of Construction shall consider and request the Government to decide policies on selling state-owned social housing under the management of Ministries, central agencies, and provincial People’s Committees that must be sold to reinvest in other social housing.

4. The Ministry of Construction shall provide guidance on the regulations this Article.

Article 26. Sellers of state-owned houses

The ownership representatives prescribed in Clause 1 and Clause 2 Article 4 of this Decree are responsible for the sale and houses, and delegate the managing authorities prescribed in Point a and Point b Clause 3 Article 4 of this Decree to sell state-owned houses as prescribed in this Decree.

Article 27. Sale prices of state-owned houses

1. Managing authorities shall establish House Valuation Councils and request the ownership representative prescribed in Clause 1 of Article 4 (if the houses are under the management of central agencies) or request the ownership representative prescribed in Clause 2 of Article 4 (if the houses are under the management of local governments) to approve before selling houses.

2. Sale prices of old houses (despite one or multiple houses are sold) include the housing price and land levies. In particular:

a) The housing price is determined based on the remaining value of the house and the value adjustment coefficient; the remaining value is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and effective when the sale contract is signed, and multiplied by the housing area. The remaining value of a house class IV that has been dismantled and rebuilt by the tenant before this Circular takes effect is 0 (zero);

b) The land levy shall comply with the land price list issued by the provincial People’s Committee and effective when the sale contract is signed. The land levy depends on the land position and number of stories:

- The land levy on a multi-storey house shared by multiple households is at 10% of land price when transferring land use right, and distributed to stories in proportion to the number of stories;

- The land levy on a one-storey house and multi-storey house used by one household, a villa used by one household or multiple households is at 40% of the land price when transferring the right to use the land within the limit decided by the provincial People’s Committee; the land levy on the area of land that exceed the limit decided by the provincial People’s Committee is at 100% of the residential land price.

The area of a villa shared by multiple households include: the area of private land without dispute; the area of land on which the villa is built which is distributed to households according to their housing area in proportion to the number of stories; the area of shared land on the premises which is distributed to all households (according to the number of households using the villa). The calculation of land levy on each household starts from the are of land on which the villa shared by multiple households is built, the other areas.

Provincial People’s Committees shall specify the distribution of land when selling villas to suit local conditions.

c) The payments for old houses to which contributions by individuals and collectives that are not derived from the State budget are calculated as follows:

- The housing price shall comply with Point a of this Clause, but the buyer may have the contribution to the construction of the house deducted (according to the proportion of contribution to the recorded value when building the house);

- The land levy shall comply with Point b of this Clause.

3. The Ministry of Construction shall provide guidance on the determination of remaining values of houses, the distribution of stories when transferring the right to use multi-storey houses or old houses shared by multiple households.

Article 28. Exemption and reduction of prices of state-owned houses

1. The price of a state-owned house includes the land levy and housing price.

2. The exemption and reduction of prices shall comply with the following principles:

a) The exemption and reduction of the land levy when selling a state-owned house is only given once to the buyer; where a buyer is eligible for multiple incentives, the highest incentive shall apply. Where multiple individuals in a household are eligible for land levy reduction, the reduction shall be aggregated but must not exceed the land levy payable by the buyer.

b) Do not give land levy exemption or reduction in the cases prescribed in Point c and Point d Clause 1 Article 22 of this Decree;

c) A person who is eligible for land levy exemption or reduction before buying state-owned houses, or eligible for land levy exemption or reduction when receiving residential land, or provided with support for housing improvement in case before this Decree takes effect shall not be eligible for land levy exemption and reduction when buying houses as prescribed in this Decree.

3. The reduction of the housing price must comply with the following principles;

a) The reduction of the housing price must avoid coincidence of subjects and time. Each subjects is given one reduction when buying the house being leased;

b) Do not give housing price reduction in the cases in Point c and Point d Clause 1 Article 22 of this Decree;

c) Where multiple members of a households who have their names in the same lease contract or reside in the same address are eligible for house price reduction, the reduction of each member shall be aggregated, but the total amount must not exceed the amount payable (not including land levy) in the house price;

d) The number of years to calculate housing price reduction is the number of years of working in the organizations under the management of the State by the day on which the sale contract is signed. The number of years of working shall be rounded up or down.

Article 29. Subjects eligible for the exemption and reduction of prices of state-owned houses

1. The subjects eligible for land levy exemption and reduction when buying state-owned houses include:

a) Contributors to revolution prescribed in Clause 2 Article 16 of this Decree;

b) Poor households as prescribed by the Prime Minister;

c) The disabled, the lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas.

2. The levels of land levy exemption and reduction for the subjects prescribed in Clause 1 of this Article are decided by the Prime Minister’s Decisions.

Poor households, the disabled, the lonely elderly, and particularly disadvantaged subjects facing housing problem in urban areas are entitled to a 60% reduction of land levy payable. This reduction is applicable to the whole household (not to each member of the household).

3. The subjects eligible for the exemption and reduction of housing prices when buying state-owned houses include:

a) Officials and public employees in administrative agencies, communist agencies, and associations whose wages are paid by the State budget;

b) Personnel in the army whose wages are paid by the State budget;

c) Non-commissioned officers and soldiers who have operated in battlefields A, B, C, K;

d) Officers works in communes and wards whose wages are paid by the State budget;

dd) Employees and officials who have worked for at least one year in state-owned enterprises or organizations licensed to produce or provide services affiliated to administrative agencies, the armed forces, Communist’s agencies and Associations;

e) The subjects in Points a, b, c, and dd of this Clause assigned to work in foreign-invested enterprises, industrial parks, export processing zones, representative offices in Vietnam, diplomatic missions, international organizations, or non-governmental organizations, foreign radio/television stations and press agencies in Vietnam, and the units affiliated to other economic sectors;

g) Beneficiaries of pension, disability benefits, occupational accident benefits or occupational illness benefits, benefits for rubber workers, social insurance, redundancy pays before and after the issuance of the Decision No. 111/HDBT dated April 12th 1991 of the Council of Minister (now the Government), or before and after the issuance of the Labor Code 1995;

h) Wage earners in the armed forces who are not eligible for monthly pension, disability benefits but receive demobilization benefits; people demobilized before 1960;

i) The subjects prescribed in Clause 1 of this Article.

The papers serving the identification of subjects eligible for reduction of housing prices and the actual working duration shall comply with the Prime Minister’s Decisions.

4. Reduction of housing prices when buying state-owned houses:

a) Each year, a house buyer is given a reduction at 69% of the minimum wages applicable to officials, public employees, and the armed forces as prescribed by the Government. Each year of working in the armed forces shall be given a reduction at 124% of the minimum wages as prescribed in this Point;

b) Where a contributor to revolution, a member of a poor household, the disabled, the elderly is given a reduction smaller than 6.9 times of the minimum wages prescribed by the Government shall receive a reduction at 6.9 times of the minimum wages;

A member of a poor household shall receive a reduction for the whole households (not for each member thereof).

Article 30. Contracts to sell state-owned houses

1. The purchase of state-owned houses must be made in a sale contract signed by the managing authority and the house buyer. A sale contract includes:

a) Names and address of parties;

b) Description of the house (address, type, etc.);

c) Sale price and method of payment; the exemption or reduction (if the buyer is entitled to the price reduction or exemption);

d) Rights and responsibilities of parties;

dd) Commitments of parties;

e) Method for settling disputes and the organization in charge of dispute settlement;

g) Other agreements (if any);

h) Date of contract conclusion;

i) Signatures of parties.

2. Based on Clause 1 of this Article, the Ministry of Construction shall issue templates of contracts to sell state-owned houses to apply nationwide.

Article 31. Order and procedure for selling state-owned houses

1. Order and procedure for selling state-owned houses

a) The house buyer shall submit an application for buying the house to the corresponding house operator;

b) The house operator shall receive applications, make a list of house buyers; and send reports to the managing authority. The managing authority shall request the ownership representative to decide the sale of the house;

c) Based on the decision to sell houses of competent authorities, the house operator shall notify the house buyer of the specific time to sign the sale contract with the managing authority;

d) The house shall be sold within 45 days from the day on which the house operator receives the complete and valid application. This period is not included in the time limit for issuing the Certificate.

The issuance of the Certificate to the house buyer shall comply with the laws on Certificate issuance. The Certificate issuer shall send a list of house buyers that have been issued with Certificates and a copy of the Certificate to the managing authority.

2. The Ministry of Construction shall provide guidance on the order and procedure for selling houses prescribed in this Article, ensure simply procedure and convenience for house buyers.

Article 32. Entitlements and responsibilities of sellers of state-owned houses

1. Sell houses in accordance with the order, procedure and time in this Decree and guidance of the Ministry of Construction.

2. Request house buyers to pay for the house and fulfill all financial obligations punctually according to the sale contract.

3. Provide buyers with the regulations on the management and use of apartments or villas.

4. Request competent authorities to issues Certificates to buyers after the procedure for buying houses is completed.

5. Do not request buyers to submit other papers than the house purchase papers as prescribed.

6. Fulfill and exercise other rights and responsibilities as prescribed by law.

Article 33. Rights and responsibilities of buyers of state-owned houses

1. Request the buyer to comply with the order and procedure for selling state-owned houses.

2. Be given price reduction or exemption if entitled as prescribed in this Decree.

3. Request the seller to provide papers relating to the house in accordance with the time in the sale contract.

4. Make full payment for the house rice in accordance with the sale contract.

5. Fulfill financial obligations relating to the sale of houses as prescribed by law.

6. Request the seller to request competent state authorities to issue the Certificate to the bought house, and receive the Certificate.

7. Fulfill and exercise other rights and responsibilities as prescribed by law.

Article 34. Selling houses and non-residential buildings used for living after November 27th 1992

1. Houses being used from 27th 1992 until before July 05th 1994 shall be sold to their tenants as follows:

a) Conditions for selling a house:

- The house must not fall in the cases prescribed in Clause 1 Article 24 of this Decree, must not in a dispute or lawsuit, must be conformable with housing planning, and its tenant wished to buy it;

- A non-residential building must also be separated from the agency, have separate passages, not block the front of the agency, not affect the surrounding environment and landscape, be conformable with the local land zoning, and not be needed by the agency.

b) House prices shall comply with Clause 2 Article 27 of this Decree.

2. Houses being used from July 05th 1994 to before January 19th 2007 shall be sold to their tenants as follows:

a) The house must satisfy the conditions in Point a Clause 1 of this Article;

b) The house price includes:

- a) The housing price is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and is effective when the sale contract is signed, and multiplied by the housing area;

- The land levy is charged at 100% of the land price in the price list issued by the provincial People’s Committee and effective when the sale contract is signed (whether or not the land area exceeds the limit).

3. The cases in Clause 1 and Clause 2 of this Article shall not be given house price reduction nor exemption.

4. Non-residential buildings used for living that are not able to be sold as prescribed in Clause 1 and Clause 2 of this Article shall be settled in accordance with the laws on the management of state-owned land and houses.

Article 35. Settlement of shared housing area and area of land adjacent to state-owned houses

1. When all separate areas of a house shared by multiple households are sold, but the shared area has not been sold, and the owner of the whole area wishes to buy this shared area:

a) The buyer shall pay the housing price and land levy on this shared area;

b) The housing price is determined based on the remaining quality of the house multiplied by the standard price of a new house issued by the provincial People’s Committee and is effective when the sale contract is signed, and multiplied by the used area;

c) The land levy is charged at 100% of the land price in the price list issued by the provincial People’s Committee and effective when the sale contract is signed.

2. The area of land adjacent to a state-owned house being sold according to the Government's Decree No. 61/CP on the house trading, but the right to use land is not transferred to the actual users, or when the State sells a house, the adjacent area of land shall be settled as follows:

a) Transfer the right to use the land adjacent to the state-owned house if this area is not in dispute or lawsuit and is conformable with the housing planning;

b) The land levy shall be charged at 40% of the residential land price if the area does not exceed the limit, the land levy on the area of land that exceeds the limit shall be charged at 100% of the residential land price ( the land limit includes the housing area and adjacent area). Land prices for calculating land levies shall apply land price lists issued by provincial People’s Committees and effective when certifying the right to use that adjacent area of land.

Land levies on the area of land outside the premises of state-owned houses shall comply with the laws on land.

3. When building a house vacant land within the premises of a state-owned house in accordance with the housing planning and no dispute arises, the land user shall have his land use right certified by the State. The land levy in this case is charged at 100% of the land price according to the list issued by the provincial People’s Committee and effective when certifying the land use right.

4. The shared area of the house that is not bought by the house owners shall be managed by the managing authority in accordance with this Decree and the law on housing.

5. Provincial People’s Committees shall specify the documentation, order, and procedure for resolving the cases based on this Article and local conditions.

Chapter 5.

IMPLEMENTATION ORGANIZATION

Article 36. Responsibilities of the Ministry of Construction

1. Specify the contents of this Decree.

2. Cooperate with other Ministries, agencies, and provincial People’s Committees in organizing the implementation of this Decree.

3. Provide guidance for managing authorities affiliated to the Ministry of Construction on the management of the Government’s public houses and state-owned social housing invested by the central budget; provide guidance for educational institutions on the management of student housing under their management.

4. Assist the Government in exercising the rights of ownership representatives of Ministries and central agencies to the state-owned houses under their management.

5. Supervise and inspect the lease, hire-purchase, and sale of state-owned houses nationwide.

6. Penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, and sale of state-owned houses.

7. Send reports or the Prime Minister on the management and use of state-owned houses as prescribed in this Decree; suggest amendments to the regulations on the management of state-owned houses to suit the reality.

8. Fulfill other tasks in accordance with this Decree and delegated by the Prime Minister.

Article 37. Responsibilities of provincial People’s Committees

1. Provide guidance for local functional authorities on the management of local state-owned houses in accordance with this Decree and relevant laws; provide guidance for involved local agencies in cooperating in the receipt of autonomous housing fund and managing the sale, lease, and hire-purchase of houses prescribed in this Decree.

2. Decide the rents for public houses, rents and hire-purchase prices of state-owned social housing, rents for student housing and old house under the management of local governments.

3. Establish a procedure for the sale and hire-purchase of local state-owned houses based on the guidance of the Ministry of Construction; provide guidance for competent authorities on the procedure for the sale and hire-purchase of houses and the issuance of Certificates to buyers and hirers in order to ensure simple procedure and convenience for house buyers.

4. Provide guidance for Services of Construction on setting service prices for house managing services to apply to houses of central and local agencies that are built locally.

5. Provide the lists of local state-owned houses not for sale on the websites of the provincial People’s Committees and Services of Construction.

6. Supervise and inspect the management of local state-owned houses (including state-owned houses not for sale); make plans and provide policies on encouraging economic sectors to participate in the upgrade and reconstruction of houses not for sale and the houses of which the tenants do not wish to hire, ensure the safety, improve the quality and contribute to the urban embellishment, ensure the preservation of capital.

7. Send reports or the Ministry of Construction on the management and use of state-owned houses as prescribed in this Decree.

8. Penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, and sale of state-owned houses.

9. Make decisions to withdraw local state-owned houses under the management and enforce such withdrawal (including the state-owned houses under the management of central agencies) if case the tenants or hirers refuse to return the houses after the such decisions are made by competent authorities.

10. Perform other tasks prescribed in this Decree and relevant laws.

Article 38. Responsibilities of relevant Ministries and agencies

1. Relevant Ministries and agencies shall manage and use the houses under their management in accordance with this Decree and guidance of the Ministry of Construction; decide the rents for public houses and student housing, the rents and hire-purchase prices of state-owned social housing under their management; send reports to the Ministry of Construction on the management and use of houses under their prescribed as prescribed in this Decree; penalize or request competent authorities to penalize violations against the laws on the management, use, lease, hire-purchase, an sale of houses.

2. The Ministries and agencies having old autonomous houses shall transfer them to provincial People’s Committees for management as prescribed in this Decree, except for the old houses under the management of the Ministry of National Defense. The transfer shall comply with the regulations on the condition of the houses, the land, and the users when transferring, ensure simple procedures and convenience for involved organizations in the transfer and receipt of houses.

3. Cooperate with other the Ministry of Construction and provincial People’s Committees in implementing this Decree.

4. The Ministry of Finance shall cooperate with the Ministry of Construction in providing guidance on the management and use of the money from the lease, hire-purchase, and sale of state-owned houses, and the mechanism for using public services applicable to the operation of state-owned houses for managing authorities and relevant agencies.

Chapter 6.

REGULATIONS ON THE IMPLEMENTATION

Article 39. Effect

1. This Decree takes effect on June 06th 2013.

2. This Decree supersedes:

a) The Government's Decree No. 61/CP dated July 05th 1994 on the sale of houses;

b) The Government's Decree No. 21/CP dated April 16th 1006 on the amendments to Article 5 and Article 7 of the Government's Decree No. 61/CP dated July 05th 1994 on the sale of houses;

The Government’s Resolution No.  23/2006/NQ-CP dated September 07th 2006 on some solutions for speeding up the sale of state-owned houses to their tenants according the Government's Decree No. 61/CP dated July 05th 1994;

d) The Government’s Resolution No. 48/2007/NQ-CP dated August 30th 2007, amending the policies on selling state-owned houses to their tenants according to the Government's Decree No. 61/CP dated July 05th 1994, and the rents for state-owned houses that have not been upgraded or rebuilt.

3. The following documents and regulations are annulled:

a) The Prime Minister’s Decision No.  188/1998/QD-TTg dated September 28th 1998 of the Prime Minister on the sale of villas in Ho Chi Minh city; the Prime Minister’s Decision No. 189/1998/QD-TTg dated September 28th 1998 on the sale of villas in Hanoi;

b) Articles  23, 24, 25, 26, 27, 28, 29, 30, 37, Clause 1 Article 38, Clause 1 Article 39, and the regulations on the management of state-owned social housing in Article 40 of the Government's Decree No. 71/2010/ND-CP June 23rd 2010 elaborating and providing guidance on the implementation of the Law on Housing are annulled;

c) The regulations on the management, use, lease, hire-purchase, and sale of state-owned houses issued by the Prime Minister, Ministries, agencies, and provincial People’s Committees before this Decree takes effect that are at odds with this Decree are annulled.

4. Keep selling state-owned houses in accordance with the Government's Decree No.  61/CP dated July 05th 1994 on the sale of houses to the buyers that apply for buying old houses before this Circular takes effect, provided those houses are qualified for being sold as prescribed in this Decree.

Article 40. Implementation responsibilities

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the President of the provincial People’s Committee are responsible for the implementation of this Decree./.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 


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        Decree No. 34/2013/ND-CP on the management and use of state-owned houses
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