Nghị định 90/2006/ND-CP

Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law

Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law đã được thay thế bởi Decree No. 71/2010/ND-CP detailing and guiding the implementation of the housing và được áp dụng kể từ ngày 08/08/2010.

Nội dung toàn văn Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 90/2006/ND-CP

Hanoi, September 06, 2006

 

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF THE HOUSING LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Housing Law;
At the proposal of the Minister of Construction

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of contents on housing development, management of the use of houses, house ownership, house-related transactions and state management of houses, provided for in the Housing Law of November 29, 2005.

Article 2.- Subjects of application

This Decree applies to the following subjects:

1. Domestic organizations and individuals; overseas Vietnamese; foreign organizations and individuals that invest in housing development in Vietnam.

2. Organizations and individuals owning houses, using houses and participating in house-related transactions in Vietnam.

3. Housing state management agencies of all levels.

4. Organizations and individuals not specified in Clauses 1, 2 and 3 of this Article but involved in housing activities.

Article 3.- Interpretation of terms

In this Decree, the terms below shall be constructed as follows:

1. Legally established houses means those constructed, purchased, rent-purchased by, donated to, inherited, exchanged or owned in other forms by organizations or individuals under the provisions of law.

2. Commercial houses means those invested and constructed by organizations or individuals of all economic sectors for sale or lease under the market mechanism.

3. Social houses means those invested and constructed by the State, organizations or individuals of all economic sectors for lease to, or rent-purchase by, subjects defined in Articles 53 and 54 of the Housing Law, under the State-prescribed mechanisms.

4. Official-duty houses means those invested and constructed by the State for a number of subjects defined in Article 60 of the Housing Law to rent while they are in office under the State-prescribed mechanisms.

5. Rent-purchase of social houses means that lessees of social houses shall, after a set period of time, be recognized as owners thereof.

Chapter II

HOUSING DEVELOPMENT

Section 1. HOUSING DEVELOPMENT PROJECTS

Article 4.- Types of housing development projects

1. Projects on development of commercial houses.

2. Projects on development of social houses.

3. Projects on development of official-duty houses.

Article 5.- Formulation of housing development projects

1. When investing in housing development under projects, investors must organize the formulation of housing development projects with the contents specified in Articles 6 and 7 of this Decree and according to the requirements specified in Articles 24, 25, 26 and 30 of the Housing Law.

2. Investors shall organize the elaboration and submission of construction detailed plannings of 1/500 scale together with dossiers of housing development projects.

Article 6.- Contents of housing development projects

A housing development project must have the following principal contents:

1. The necessity and legal grounds of the project (the local program on housing development; plan on housing development and other relevant documents promulgated by competent state bodies).

2. Investment form (for sale, lease or rent-purchase) and the housing development project investors.

3. Bases for selection of the project location (the planning on construction of urban centers, rural population quarters; land use plannings and plans; the suitability to subjects having housing demands).

4. The present situation of the project area (natural, social conditions, landscape architecture, current land use purpose, acreage, boundaries of the land plot).

5. The solution of construction detailed plannings of 1/500 scale of the project land plot (the total ground planning; construction density; land use coefficient; locations, dimensions and number of storeys of architectural works and underground works.

6. Specific structures of assorted houses, other works in the project (schools, hospitals, public-welfare works and service facilities).

7. The solution of application of building technology, norms and standards applicable to the project.

8. Schemes on compensation, ground clearance and resettlement.

9. The solutions of technical infrastructures (systems of communications, power supply, water supply and drainage, information and communication, garbage treatment, fire and explosion prevention and fighting, underground works, red-line demarcation, construction demarcation and other requirements).

10. Mechanisms applicable to the project (policies on land use, finance, tax and other mechanisms),

11. The project execution duration and tempo.

12. Capital demands, capital sources and forms of mobilization of investment capital.

13. The scheme on product consumption (subjects and forms of product consumption; specific quantities of assorted houses, works for sale, lease, rent-purchase; sale prices, leasing prices, rent-purchase prices).

14. Analysis of financial criteria and capital recoverability.

15. Assessment of investment efficiency (economic and social efficiency of the project).

16. Assessment of environmental impacts and measures to minimize adverse impacts on the environment.

17. Schemes on management, exploitation and operation of the project after investment; responsibility for work warranty and maintenance and obligations of the concerned organizations or individuals to contribute fundings for the management, exploitation and operation of the project.

18. Conclusions and proposals.

19. Dossiers on drawings of the project.

Article 7.- Dossiers of drawings of the project

1. The drawings of the current status of the project land plot (expressing the location and current landscape architecture).

2. The drawings of the construction detailed planning of 1/500 scale.

3. The drawings of the organization of space of landscape architecture of various types of houses and construction works in the project area.

4. The drawings of the systems of technical infrastructures within the project area, such as traffic system, power supply system, information and communications, water supply and drainage systems; systems of underground works, infrastructure works in the project area and other works (if any).

5. The general perspective drawings of the project.

Article 8.- Approval of housing development projects

1. Projects on development of houses in provinces or centrally-run cities shall be approved by presidents of provincial/municipal People's Committees (collectively referred to as provincial-level People's Committees), excluding projects on development of official-duty houses under special requirements.

Based on the specific conditions of their respective localities, provincial-level People's Committee presidents may authorize presidents of People's Committees of urban districts, rural districts, provincial capitals or towns (collectively referred to as district-level People's Committees) to approve projects on development of commercial houses with the investment capital of under VND 30 billion.

2. Contents of decisions approving housing development projects shall include:

a/ The names of the project and investors;

b/ Project location;

c/ Land use scale, land use boundaries, population size;

d/ Number of key construction items (types of houses: villas, garden houses, adjacent houses, condominium apartments; technical infrastructure works: roads, power supply, water supply and drainage, garbage treatment, information and communications, fire and explosion prevention and fighting); social infrastructure works: kindergartens, schools, healthcare, service, sport, entertainment, recreation, marketplaces);

e/ Total investment capital of the project;

f/ Capital mobilization scheme;

g/ Preferential mechanisms (if any);

h/ Project execution duration and schedule;

i/ Scheme on product consumption;

j/ Major rights and obligations of investors;

k/ Scheme on management and operation of the project after investment.

3. For projects on development of social houses, official-duty houses, apart from the contents specified in Clause 2 of this Article, the project approval contents must specify the investment capital sources, housing design scales, eligible tenants, rent-purchase houses and house leasing or rent-purchase prices.

4. Housing development projects, before being approved, must be appraised by house management agencies competent to approve.

The appraisal of housing development projects shall comply with the provisions of the Housing Law, this Decree and other relevant legal provisions on investment and construction, which are not covered by the law on housing.

5. The period for project appraisal and approval shall not exceed 45 days as from the date the house management agencies receive the projects mentioned in Article 6 of this Decree.

Article 9.- Execution of housing development projects

1. The materialization of contents related to construction preparation and execution shall comply with the provisions of the Housing Law, this Decree and other relevant legal provisions on investment and construction.

2. Investors may use model designs, typical designs of houses and other construction works in housing development projects but must ensure their compatibility with construction standards and norms promulgated by competent bodies.

3. Investors must not apply for construction permits for each work in the projects already approved and stipulated in terms of investment and construction by competent state bodies.

4. Project investors shall have to organize the inspection and supervision of the process of investment and construction by organizations or individuals participating in their housing development projects.

Article 10.- Pre-acceptance test of housing development projects

1. Upon pre-acceptance test of housing development projects, apart from the pre-acceptance test, take-over for commission of projects under the provisions of law on construction, the systems of power supply, water supply and drainage, fire and explosion prevention and fighting and environmental sanitation must also be pre-acceptance tested.

2. The housing development project dossiers and pre-acceptance test and take-over documents must be archived at units managing the operation of projects and provincial-level house management bodies of the localities where exist the projects for monitoring and inspection.

3. For condominiums, the certification of quality under the provisions of law on construction is required.

Section 2. DEVELOPMENT OF COMMERCIAL HOUSES

Article 11.- Requirements on commercial-house development projects

1. Commercial-house development project investors shall have to elaborate construction detailed plannings of 1/500 scale and the projects for submission to competent bodies for approval. The contents of construction detailed plannings of 1/500 scale of projects must comply with plannings on construction of urban centers, rural population spots and urban designs and meet the housing requirements suitable to each urban, rural or mountainous area specified in Articles 24, 25 and 26 of the Housing Law.

2. Designs of houses in commercial-house development projects, apart from satisfying the requirements on construction standards and norms, must also comply with the specific standards defined for commodiums, separate houses and villa houses under the provisions of Article 40 of the Housing Law.

3. Commercial-house development projects should meet the demand for diversification of house types as well as payment modes (lumpsum payment, deferred payment, installment payment through credit institutions) to suit the market demands and income conditions of people.

4. Commercial-house development project investors must ensure the project execution schedule approved by competent bodies. In case of prolongation, such must be approved in writing by agencies competent to approve the projects.

Article 12.- Commercial-house development project investors

1. Commercial-house development project investors shall include:

a/ Domestic enterprises set up and operating under the provisions of the Enterprise Law;

b/ Foreign investors and overseas Vietnamese conducting investment activities under the Investment Law;

c/ Cooperatives set up and operating under the provisions of the Law on Cooperatives.

2. Conditions on commercial-house development project investors:

a/ Having the real estate business registration or investment certificate under the provisions of law;

b/ Having investment capital under their ownership for project execution not lower than 15% of the total investment of projects using less than 20 ha of land each or not lower than 20% of the total investment of projects using 20 ha of land or more each.

Article 13.- Selection of commercial-house development project investors

1. The selection of commercial-house development project investors shall comply with the principle of publicization of land plots reserved for development of commercial houses in localities for organizations and individuals of all economic sectors to know and register to be project investors.

2. At the expiration of the prescribed time limit counting from the time of publicization to call for investment if only 1 (one) investor fully satisfying the conditions defined in Clause 2, Article 12 of this Decree has registered, such investor shall be selected to be the project investor. After the publication to call for investment, if 2 (two) or more investors have registered, bidding must be organized to select project investors under the provisions of Article 14 of this Decree.

3. In cases where investors have acquired land use rights through land transfer or lease under the provisions of land law, they shall be the investors of the projects on development of commercial houses on the land plots under their use rights.

Article 14.- Bidding to select project investors

1. Based on housing development programs and lists of commercial-house development projects in each period, provincial-level People's Committees shall have to direct their functional bodies to publicize the lists of commercial-house development projects in each period throughout their respective localities; the 1/2,000-scale detailed plannings on construction of urban centers, rural population spots; the locations and boundaries of the land plots for commercial-house development projects; the land use scale and conditions (the land is assigned or leased, the leasing duration, the land fund for settlement, the projected land prices) of each project; the requirements on completion time for each project to call on domestic and foreign investors to register to be investors of commercial-house development projects.

2. Provincial-level People's Committees of the localities where exist the commercial-house development projects shall have to publicize the basic requirements for selection of investors, including:

a/ Requirements on capabilities and experience of project investors;

b/ Requirements on planning-architecture; forms and types of houses; systems of technical infrastructure, social infrastructure and other construction facilities within the scope of each project;

c/ Econo-technical, hygienic and environmental norms to be applied;

d/ Minimum land price bracket and requirements on finance and tax to be paid under regulations;

e/ Requirements on land fund and technical infrastructures, social infrastructures to be transferred by investors (if any);

f/ Requirements on management of operation and exploitation of projects after the investment, which investors must satisfy;

g/ The time for receipt of dossiers of registration to be project investors;

h/ Other necessary information related to projects.

3. After studying the specific conditions and requirements on each project under the provisions of Clause 2 of this Article, investors shall have to prepare dossiers of registration to be project investors, each comprising:

a/ Papers showing the legal grounds, professional capabilities, experience and financial capabilities of investors;

b/ The written explanation and diagrams expressing econo-technical solutions to satisfaction of requirements defined in Clause 2 of this Article;

c/ The capabilities and other advantages of investors (if any) when being assigned to act as project investors.

4. After receiving the dossiers of registration to be project investors within the prescribed time limit, provincial-level People's Committees shall set up advisory councils for selection of investors to consider and select investors for each project.

5. The advisory councils for selection of investors shall have to formulate specific point scales based on the basic requirements defined in Clause 2 of this Article to give points to every registration dossier.

6. After obtaining the marking results, the advisory councils shall have to submit them to provincial-level People's Committees for consideration and selection of commercial-house development project investors.

7. The organization of selection of commercial-house development project investors through biddings in localities shall be provided for by provincial-level People's Committee presidents in accordance with the practical local conditions.

Article 15.- Interests of commercial-house development project investors

1. To request competent agencies to supply information in service of execution of commercial-house development projects.

2. To exercise land users' rights according to the provisions of land law.

3. To select modes of project execution management.

4. To enjoy favorable conditions and preference policies under the provisions of law.

5. To sell, lease houses and construction works within the projects to other investors, excluding infrastructure works which must be transferred under decisions of competent state bodies.

6. To transfer the rights to use land on which technical infrastructures have been constructed to other project investors for investment in construction of houses strictly according to project contents and schedules already approved by competent authorities.

7. To reach agreement with persons who wish to buy or rent houses in order to mobilize advance capital according to the provisions of Clause 1, Article 39 of the Housing Law.

8. To cooperate with other investors in organizing project execution.

9. To enjoy other interests prescribed by law.

Article 16.- Obligations of commercial-house development project investors

1. To formulate, and organize the execution of, projects strictly according to the provisions of the Housing Law, this Decree and relevant legal documents promulgated by competent state bodies.

2. To execute projects in strict accordance with the contents and schedules already approved or permitted for adjustment by competent bodies.

3. To publicize information related to projects as provided for in Clause 3, Article 36 of the Housing Law after the issuance of approval decisions of competent bodies.

4. To carry out procedures for competent state bodies to grant house ownership certificates and to transfer papers related to the houses to purchasers within 30 days at most as from the date of handover of the houses, unless otherwise agreed upon.

5. To provide house warranty as provided for in Article 74 of the Housing Law.

6. To provide maintenance for leased houses under their ownership (if any) and technical infrastructures and social infrastructures not yet transferred or not transferred within the project scope according to the provisions of law.

7. To organize activities of providing services on use management of houses, technical infrastructures and other relevant services within the project scope according to the provisions of law; to manage the operation of infrastructure works already put into operation pending their transfer to public-utility service organizations or specialized management organizations.

8. To organize the management of order and security in areas of projects already put to use and business pending the administrative-management transfer to local administrations.

9. To manage the construction of houses, works by secondary investors within the project scope, ensuring its compliance with the approved construction detailed plannings and designing schemes.

10. To compile and archive house dossiers as provided for in Clause 2, Article 66 of the Housing Law with regard to houses reserved for lease by investors (if any).

11. To report on project execution results once every six months and upon project completion to the project-appraising and -approving agencies and provincial-level People's Committees of the localities where the projects exist.

12. To assume the prime responsibility for setting up the condominium management boards under the provisions of the Housing Law and the regulations on use management of condominiums, promulgated by competent state bodies.

13. To manage and operate works under their ownership and works not yet transferred or assigned for management within the project scope.

14. To fulfill financial and other obligations according to provisions of law.

Article 17.- End of the construction investment stage

Upon the completion of construction investment, project investors shall realize the following requests:

1. To accept the entire projects and make comparison with the approved project contents, make and send reports to agencies competent to approve projects and provincial-level People's Committees of localities where exist the projects.

2. To finalize dossiers and documents in service of archive according to the provisions of the Housing Law and the law on construction.

3. To hand over technical infrastructures and social infrastructures to local administrations or specialized management agencies according to the contents of projects already approved by competent bodies.

4. To make final settlement reports according to the provisions of law on finance.

5. To assume the prime responsibility for, and coordinate with functional agencies in, completing the grant of certificates of ownership of houses, construction works (if any) within the project scope.

6. To coordinate with local administration in settlement of existing problems in administrative management in project areas.

Section 3. DEVELOPMENT AND MANAGEMENT OF SOCIAL HOUSES

Article 18.- Social-house funds

1. Social houses shall be built with investment by the State, organizations or individuals of all economic sectors on the basis of renting and rent-purchase demands of people living in geographical areas suitable to socio-economic conditions of each locality as provided for in Articles 24, 25 and 26 of this Decree.

2. Provincial-level People's Committees have the responsibilities:

a/ To approve and publicize the construction plannings, housing development plannings, land funds and specific locations reserved for development of social houses, ensuring their coherence with projects on new urban centers, projects on development of commercial houses or economic zones, industrial parks, export processing zones and hi-tech parks;

b/ To elaborate five-year and annual plans on development of social houses, specifically determining types of houses; demand for housing spaces, structure of apartments for lease, for rent-purchase, specific balance of investment capital sources in accordance with the provisions of Article 52 of the Housing Law; incentive mechanisms to call on organizations and individuals of all economic sectors to invest in the development of social-house funds;

c/ To decide on the selection of investors, approve projects and direct the organization of execution of social-house development projects with a view to satisfying local demands in each period.

Article 19.- Housing development funds

1. Housing development funds shall be formed from the following sources:

a/ Proceeds from the sale, lease, rent-purchase of state-owned houses in localities;

b/ 30% to 50% of land use levies in commercial house development projects and new-urban center projects in localities. The specific percentages shall be considered and decided by provincial-level People's Councils;

c/ Annual local budget supports under decisions of provincial-level People's Councils;

d/ Support money, voluntary contributions of domestic and foreign organizations and individuals;

e/ Money mobilized from other lawful capital sources under the provisions of law.

2. Based on the practical situation of their respective localities, provincial-level People's Committee presidents shall consider and decide on the establishment of housing development funds of their localities on the basis of mobilized sources specified in Clause 1 of this Article and promulgate the regulation on management of this fund, ensuring the following principles:

a/ The housing development funds shall operate as state-owned finance bodies on the principle of preserving their capital, covering expenditures arising in the course of operation, and not for profits;

b/ Housing development funds are attached to provincial-level People's Committees, having their legal person status, operating with independent cost-accounting, having their own seals and separate balance sheets, which may open accounts at state treasuries and credit institutions for operation under the provisions of law;

c/ Housing development funds shall be managed and administered and operate according to their organization and operation charters promulgated by provincial-level People's Committees and under relevant provisions of law;

d/ Housing development funds shall be exempt from taxes and state budget payments under the Finance Ministry's guidance.

e/ Local housing development funds shall be used for development of state-owned social houses in the localities;

The Finance Ministry shall assume the prime responsibility for, and coordinate with the Construction Ministry in, guiding the organization and operation of local housing development funds.

Article 20.- Land funds reserved for social-house development

1. Competent People's Committees shall have to determine and arrange land funds for construction of social houses when elaborating and approving plannings on construction of urban centers, rural population spots, economic zones, export processing zones and hi-tech parks in localities.

2. Based on the specific conditions of each locality, provincial-level People's Committees may consider and decide that investors of projects on development of commercial houses and new urban centers in localities, each covering a land area of 10 ha or more shall have to reserve a part of the land on which technical infrastructures have been constructed for local administrations to develop social houses which, however, must, in all circumstances, not exceed 20% of the land area of the project. The expenses for ground clearance compensation and expenses for investment in construction of technical infrastructures on this land area shall be deducted from the land use levies or land rents to be paid into the state budget by investors according to regulations. Where the expenses are larger than the land use levies to be paid into the state budget by investors, the differences shall be offset with the state budget immediately after the investors hand over the land areas on which infrastructures have been constructed to agencies designated by provincial-level People's Committees.

Article 21.- Social-house development project investors

1. Provincial-level People's Committees shall decide on the selection of units to be investors of local social-house development projects invested with housing development funds.

2. Units selected to be social-house development project investors defined in Clause 1 of this Article shall have to manage the process of construction investment and at the same time to manage the operation of projects after completion of the construction investment.

3. For social-house development projects invested and constructed by organizations or individuals of any economic sector, the project investors shall be allowed to organize the management and operation of such projects after the construction investment.

4. Social-house development project investors shall have to formulate and submit projects for approval according to the provisions of Articles 5, 6 and 7 of this Decree.

Article 22.- Execution of social-house development projects

1. Designs and cost-estimates of houses and construction works in social-house development projects shall comply with the regulations on investment and construction management and the social house designing standards specified in Article 47 of the Housing Law.

2. The selection of designing consultants and construction units for social-house development projects shall comply with the provisions of law on investment and construction.

3. Consultancy units, when designing social-house development projects, must apply construction technology solutions and use proper materials in order to ensure the objectives regarding the schedule, quality and lower construction costs, and encourage the application of model and typical designs.

Article 23.- Management of operation of social house funds

1. Where there are two or more units registering to participate in the management, operation and exploitation of social-house funds, the selection of units managing the operation of projects shall comply with the bidding principles.

2. The management of operation and exploitation of social-house funds under the ownership of other economic sectors shall be decided by investors on the principle that the lease or rent-purchase is carried out for proper subjects defined in Article 24 of this Decree and the leasing or rent-purchase prices must not be higher than the local prices promulgated by provincial-level People's Committees.

3. Social-house fund operation and exploitation-managing units shall enjoy regimes like units providing public-utility services under the guidance of the Finance Ministry.

Article 24.- Persons entitled to rent, rent-purchase social houses

1. Cadres, officials and public servants as defined by the law on cadres and public servants.

2. Officers and professional personnel of the people's armed forces, who receive salaries from the state budget.

3. Workers in economic zones, industrial parks, export processing zones or hi-tech parks.

4. Those who have returned official-duty houses, defined in Clause 4, Article 40 of this Decree.

Article 25.- Conditions for rent, rent-purchase of social houses.

Persons entitled to rent, rent-purchase social houses must satisfy the following conditions:

1. Being subjects defined in Article 24 of this Decree.

2. Having not yet owned houses and not yet rented or rent-purchased state-owned houses; having houses under their ownership but with the average area of under 5 m2 of floor area per person in their families; having houses under their ownership, which are, however, makeshifts, damaged or leaking and dilapidated.

3. Having the families' monthly average income not bigger than five times the total payable monthly rent of social houses for apartments of 60 m2 of floor area at most each and not lower than four times the payable monthly rent for apartments of at least 30 m2 of floor area each, calculated at the rent rates set by provincial-level People's Committees.

4. Persons who are entitled to rent-purchase social houses shall, apart from the conditions specified in Clauses 1, 2 and 3 of this Article, have also to make the first payment equivalent to 20% of the value of the rent-purchased houses.

5. The selection of persons eligible to rent or rent-purchase social houses shall be carried out in the following priority order:

a/ The urgent housing demand (having no residential houses, having just married and the average floor area being too low);

b/ Getting paid from the state budget, young cadres of university or higher degree, workers having professional skills of grade 5 or higher, who have not been given housing supports in any form by the State;

c/ Cadres, public servants entitled to the policy on official-duty houses but having returned the official-duty houses to the State and having the demand to rent, rent-purchase social houses in localities.

6. Based on the provisions of Clauses 1, 2, 3, 4 and 5 of this Article and conditions of their respective localities, provincial-level People's Committees shall specify and publicize the subjects and conditions for rent, rent-purchase of social houses in their localities in each period and under each specific project.

Article 26.- Identification of persons entitled to rent, rent-purchase social houses

1. Persons having demands to rent, rent-purchase social houses must file their applications therefor with the certification by their agencies or units where they are working of the conditions of their existing houses. For households, there must be certifications by all agencies and/or units of their working family members and the certification by the People's Committees of communes where they are living. Such applications must be filed at provincial-level house management bodies.

2. Provincial-level house management bodies shall have to compare with the provisions of Articles 24 and 25 of this Decree and the regulations of provincial-level People's Committees in order to propose specific lists of entitled persons to provincial-level People's Committees for consideration and decision.

3. Based on their local social house funds, provincial-level People's Committees shall approve the lists of persons entitled to rent or rent-purchase social houses.

4. Provincial-level house management bodies shall have to notify such to units which are assigned to manage and operate the social house funds for arrangement and signing of contracts for rent, rent-purchase of social houses by entitled person approved by provincial-level People's Committees.

Provincial-level People's Committees shall specify the order and procedures for consideration and approval as well as the priority order for applicants for rent or rent-purchase of social houses in accordance with the local situation and specific conditions.

Article 27.- Determination of leasing and rent-purchase prices of social houses

The leasing or rent-purchase prices of social houses shall be determined on the following principles:

1. Taking into account all costs to ensure the recovery of capital for construction investment, management and operation of social house funds.

2. Excluding land use levies, land rents and tax preference amounts under the guidance of the Finance Ministry.

3. The leasing, rent-purchase prices of social houses in localities shall be prescribed by provincial-level People's Committees on the principle of ensuring their compatibility with the brackets of leasing, rent-purchase prices of social houses specified in Appendix 1 to this Decree, including:

a/ The bracket of leasing prices of social houses, applicable to types of low-rises in rural areas;

b/ The bracket of rent-purchase prices of social houses, applicable to condominiums;

c/ The bracket of rent-purchase prices of social houses;

d/ The bracket of leasing prices of social houses in economic zones, industrial parks, export processing zones, hi-tech parks.

4. The social house leasing or rent-purchase price brackets shall be reviewed and adjusted once every five years.

The Construction Ministry shall assume the prime responsibility for, and coordinate with the Finance Ministry in, studying and submitting to the Government for consideration and promulgation new price brackets or adjusted price brackets suitable to the country's socio-economic conditions in each period.

Section 4. DEVELOPMENT AND MANAGEMENT OF OFFICIAL-DUTY HOUSE FUNDS

Article 28.- Official-duty house development project investors

1. Provincial-level People's Committees shall decide on the selection of units to be investors in projects on development of official-duty houses in their respective localities.

2. Units selected to be official-duty house development project investors defined in Clause 1 of this Article shall have to manage the process of construction investment and at the same time to manage the operation of the projects after completion of the construction investment.

3. For projects on development of official-duty houses at special requests, persons competent to decide on the investment therein shall decide on the selection of project investors.

4. Official-duty house development project investors shall have to organize the formulation and submission of projects for approval according to the provisions of Clauses 1 and 2, Article 29 of this Decree.

Article 29.- Formulation, appraisal and approval of official-duty house development projects

1. The contents of official-duty house development projects shall comply with the provisions of Articles 6 and 7 of this Decree.

2. Official-house development projects shall be considered and approved by provincial-level People's Committees. For projects on development of official-duty houses at special requests, the persons competent to decide on the investment therein shall consider and organize the appraisal of the projects.

3. Provincial-level house management bodies shall assume the prime responsibility for, and coordinate with the concerned provincial Services, Committees and branches in, appraising projects on development of official-duty houses in localities. For projects on development of official-duty houses at special requests, the Construction Ministry shall have to assume the prime responsibility for, and coordinate with the concerned ministries and branches in, the appraisal.

Article 30.- Capital for investment in construction of official-duty houses

1. Funds of official-duty houses arranged for cadres and public servants of provinces or centrally-run cities may use investment capital from local budgets.

2. Funds of official-duty houses arranged for cadres and public servants of central agencies may use investment capital from the central budget. Based on the official-duty house demands of central agencies in localities, provincial-level People's Committees shall draw up capital plans to be sent to the Planning and Investment Ministry and the Finance Ministry for sum-up and submission to the Prime Minister for consideration and decision.

For projects on development of official-duty houses at special requests, the persons competent to decide on the investment therein shall draw up the capital plans and submit them to the Prime Minister for consideration and decision.

Article 31.- Land for construction of official-duty houses

1. Competent People's Committees must determine land funds for construction of official-duty houses when organizing the elaboration and approval of plannings on construction of urban centers and/or rural population quarters.

2. Land use levies shall be exempt for land areas assigned for execution of official-house development projects.

Article 32.- Types and floor area standards of official-duty houses

1. Official-duty houses shall have the floor area standards, quality and types suitable to users, providing cadres and officials with conditions to well fulfill their assigned tasks.

2. Cadres or officials holding the post of Political Bureau member, Deputy Prime Minister or higher, who are entitled to live in official-duty houses shall be provided with villas to live in. Other persons shall be provided with apartments in condominiums or low-rises in areas where condominiums are not yet developed.

3. Newly built condominium apartments shall have the floor area of between 45m2 and 150 m2 each. The floor area standards of official-duty houses shall be properly adjusted in each period of socio-economic development of the country.

4. The Construction Ministry shall stipulate and guide the designing of official-duty houses for unified application nationwide.

Article 33.- Investment in construction of official-duty houses

1. The designs, cost estimates and selection of design consultancy units and construction units upon execution of official-house development projects must comply with the provisions of law on construction and law on management and use of investment capital from the state budget.

2. Units providing consultancy on design of official-duty houses must apply regulations on designing standards, construction technology solutions and use proper materials in order to attain the objectives in terms of schedule, quality and lower construction costs.

Article 34.- Subjects entitled to rent official-duty houses

1. Party and State leaders shall be entitled to stay in official-duty houses while in office.

2. Cadres and officials of Party and State agencies or socio-political organizations, who are transferred on definite terms under decisions of competent bodies from local to central offices or from central to local offices or from one locality to another, if having demands, shall be provided with official-duty houses while performing their official duties.

3. Officers and professional personnel of the people's armed forces who are transferred or on service according to defense or security requirements.

Article 35.- Conditions for rent of official-duty houses

Cadres and officials defined in Clauses 2 and 3, Article 34 of this Decree, when allowed to rent official houses, must be persons who have no houses under their ownership or have not yet rented state-owned houses in localities where they come to work.

Article 36.- Official-duty house rentals

Official-duty house rentals shall be determined on the following principles:

1. Taking into account all necessary expenses for preservation of investment capital, ensuring the recovery of capital for construction investment, operation management in the course of using and maintaining residential houses.

2. Excluding land use levies and tax preferences defined in Clause 2, Article 27 of this Decree;

3. Local official-duty house rentals shall be set by provincial-level People's Committees, based on the rent rate brackets specified in Appendix 2 to this Decree;

4. Official-house rent rates shall be reviewed and adjusted once every five years.

The Construction Ministry shall assume the prime responsibility for, and coordinate with the Finance Ministry in, studying and submitting to the Prime Minister for consideration and adjustment the brackets of official-duty house rent rates suitable to the country's socio-economic conditions in each period.

Article 37.- Arrangement for renting official-duty houses

1. Cadres and officials entitled to be provided with official-duty houses must file their applications for renting official-duty houses to their agencies where they are working in order to get the certification.

2. Agencies employing cadres and officials shall gather applications of cadres and officials of their respective units for renting official-duty houses and send together with documents to provincial-level People's Committees, requesting the arrangement of official-duty houses.

3. Provincial-level People's Committees shall arrange official-duty houses for eligible persons of local agencies and central agencies based in their respective localities.

Article 38.- Payment of official-duty house rentals

1. Cadres and officials renting official-duty houses must pay rentals which shall not exceed 10% of their salaries and allowances (if any). Where the official-duty house rentals exceed the above-mentioned rate, the agencies employing such cadres and officials shall have to pay the differences from their sources of regular expenditures.

2. Cadres and officials renting official-duty houses shall have to pay rentals directly to official-duty house management bodies. Where after three months the cadres and officials do not pay rentals, the agencies managing such cadres and officials shall have to deduct their salaries for rental payment to official-duty house management bodies.

Article 39.- Management of the use of official-duty houses

1. Official-duty houses shall be used only for lease. The management, maintenance and renovation thereof shall comply with the regulations on management, maintenance and renovation of state-owned houses.

2. Provincial-level house management bodies shall assist provincial-level People's Committees in performing the unified management of the use of official-duty houses in their respective localities.

The Construction Ministry shall stipulate and guide the management of the use of official-duty houses.

Article 40.- Rights and obligations of official-house lessees

1. To use the houses for proper purposes and to preserve the houses and assets attached thereto; not to renovate or repair official-duty houses at their own will.

2. Not to exchange or sublease the houses in any forms and have the obligations to return them to house management bodies within three months after they are no longer entitled to live in official-duty houses or they no longer have the demand to rent the official-duty houses.

3. Cadres and officials living in official-duty houses shall have to pay monthly rentals according to the provisions of Article 38 of this Decree. The payment of other expenses in service of daily life shall comply with the provisions of law.

4. When cadres and officials who have to return official-duty houses under the provisions of Article 61 of the Housing Law meet with housing difficulties, the agencies or organizations where such persons work shall coordinate with provincial-level People's Committees of the localities where the cadres or officials live in providing them with social houses for rent or rent-purchase or supports in other forms so that they have houses to live in.

5. To use official-duty houses for daily-life activities of their own and their families. Where cadres and officials eligible to live in official-duty houses wish to rent official-duty houses but have not yet been leased the houses, provincial-level People's Committees shall coordinate with their units in considering and temporarily arranging them to stay in guest houses, if any, or to rent social houses or commercial houses in the localities.

Article 41.- Responsibilities of units managing the use of official-duty houses

1. To lease houses to eligible persons and under the conditions specified in Articles 34 and 35 of this Decree.

2. To fully gather and keep the official-duty house dossiers.

3. To coordinate with local functional bodies in maintaining security and order for official-duty houses. The security- and order-maintaining bodies shall have to coordinate with the official-duty house management bodies at the latter's request.

4. To conduct the maintenance of official-duty houses according to the provisions of the Housing Law and legal provisions on construction.

5. To collect house rentals from cadres and officials who rent official-duty houses.

6. To recover official-duty houses in the following cases:

a/ When cadres and officials are no longer entitled to live in official-duty houses;

b/ When cadres and officials are transferred to other localities on working missions under the provisions of Clause 2, Article 34 of the Decree;

c/ When cadres and officials wish to return official-duty houses;

d/ When cadres or officials who are renting official-duty houses die;

f/ When cadres and officials use official-duty houses for improper purposes or have failed to fulfill the obligations of persons who live in official-duty houses after they are notified thereof.

7. To consider and propose provincial-level People's Committees to arrange social houses in the localities for rent or rent-purchase by cadres or officials who meet with lodging difficulties after returning the official-duty houses.

Chapter III

GRANT OF HOUSE OWNERSHIP CERTIFICATES

Article 42.- Cases entitled to the grant of house ownership certificates

1. Organizations and individuals being eligible to own houses in Vietnam under the provisions of Clause 2, Article 9 of the Housing Law and having houses lawfully established shall be granted house ownership certificates.

2. Lawfully established houses means those accompanied with papers evidencing the establishment under the provisions of Article 43 of this Decree.

Article 43.- Papers on establishment of houses serving as basis for grant of house ownership certificates

1. Domestic individuals having houses established before the effective date of the Housing Law must possess one of the following prescribed papers when applying for house ownership certificates:

a/ The house construction permit, for cases where the construction permit is required under the provisions of law on construction;

b/ The contract on purchase and sale of state-owned houses under the provisions of the Government's Decree No. 61/CP of July 5, 1994, on sale and purchase of, and dealing in, houses or papers on liquidation and pricing of state-owned houses prior to July 5, 1994;

c/ Papers on assignment or donation of gratitude houses, charity houses, solidarity houses;

d/ Papers on house ownership, issued by competent bodies at different periods and such houses and land do not come under all-people ownership established by the State under the provisions of Resolution No. 23/2003/QH11 of November 26, 2003, of the XIth National Assembly, on land and houses managed, arranged for use by the State in the process of materializing the policies on land and house management and the policies on socialist transformation prior to July 1, 1991, Resolution No. 755/2005/NQ-UBTVQH of April 2, 2005, of the National Assembly Standing Committee, providing for the settlement of a number of specific cases on land and houses in the process of implementing the policies on land and house management and the policies on socialist transformation prior to July 1, 1991;

e/ Papers on sale and purchase, donation, exchange, inheritance of houses, which are certified by public notary or authenticated by People's Committees of commune or higher level; papers issued by courts or competent state administrative bodies permitting the ownership of houses, which have taken legal effect; in case of purchasing houses constructed for sale by enterprises with function to deal in houses, there must be house trading contracts concluded by the two parties (without certification by public notary or authentication by People's Committees of different levels);

f/ Cases where houses are built on land to which one of the papers on land use rights has been issued and the land is used as residential land under the provisions of land law;

g/ Where the applicants for certificates possess one of the papers defined at Points a, b, c, d, e and f of this Clause but do not have their names written in such papers, they are required to additionally have papers on house purchase and sale, donation, exchange or inheritance, which are certified by People's Committees of commune or higher level or their applications for certificates must contain the certification by commune-level People's Committees that they have acquired residential houses from purchase, donation, exchange or inheritance under the provisions of law;

h/ Where certificate applicants do not have any of the papers defined at Points a, b, c, d, e, f and g of this Clause, they must acquire the commune-level People's Committees' written certification that the residential houses and land are currently free from disputes over house ownership and/or land use rights and the houses were built before the promulgation of construction plannings or must comply with plannings in cases where they are built after the promulgation of detailed plannings on construction of urban centers or rural population quarters under the provisions of law on construction.

Provincial-level People's Committees shall specify assorted papers on establishment of residential houses defined in Clause 1 of this Article to suit the practical conditions of their respective localities.

2. Domestic individuals whose houses have been established from the date the Housing Law takes effect, when applying for house ownership certificates, must possess papers as provided for as follows:

a/ Where the houses are newly built, there must be one of the land use right papers defined at Point f, Clause 1 of this Article. In cases where construction requires permission as provided for by the law on construction, there must also be construction permit;

b/ Where the houses are acquired through purchase, donation, exchange, inheritance or other forms prescribed by law, there must be documents on such transactions as provided for in Article 93 of the Housing Law, enclosed with house ownership certificates under the provisions of the Housing Law or house ownership and residential land use right certificates under the Government's Decree No. 60/CP of July 5, 1994, on house ownership and residential land use rights in urban centers or house ownership certificates under the provisions of the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on grant of house ownership or construction work ownership certificates or land use right certificates with acknowledgement of houses under the provisions of law on land or one of the papers on establishment of houses specified at Points a, b, c, d, e and f of Clause 1 of this Article of the transferers.

In case of purchase of houses constructed for sale by enterprises, there must be house sale and purchase contracts concluded by the two parties, one of the papers on investment projects for construction of houses for sale (decisions approving projects or investment decisions or investment certificates) and land use right certificates.

In case of purchase of currently rented houses under state ownership, which have existed before the effective date of the Housing Law, there must be house sale and purchase contracts as provided for in the Government's Decree No. 61/CP of July 5, 1994, on sale and purchase of, and dealing in, residential houses under the provisions of this Decree.

3. Overseas Vietnamese, when applying for house ownership certificates, must possess papers according to the following regulations:

a/ In case of investment in construction of houses for lease, there must be investment certificate and land use right certificate;

b/ In cases where houses are acquired through purchase, donation, inheritance or other forms under the provisions of law, there must be papers on such transactions as provided for in Article 93 of the Housing Law, enclosed with house ownership certificates as provided for by the Housing Law or house ownership and residential land use right certificates under the provisions of the Government's Decree No. 60/CP of June 5, 1994, on the rights to own houses and the right to use lands in urban centers or house ownership certificates under the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on grant of house ownership or construction work ownership certificates or land use right certificates with acknowledgement of houses under the provisions of land law of the transferers.

4. Domestic organizations, foreign organizations and individuals, when applying for house ownership certificates, must possess papers according to the following regulations:

a/ In case of investment in construction of houses for lease, there must be one of the papers on leasing house projects (decisions approving the projects or investment decisions or investment certificates) and land use right certificates;

b/ Where domestic organizations purchase, are donated, inherit or own houses through other forms under the provisions of law, there must be papers on such transactions as provided for in Article 93 of the Housing Law, enclosed with house ownership certificates under the provisions of the Housing Law or house ownership and residential land use right certificates under the provisions of the Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses and the rights to use residential land in urban centers or house ownership certificates under the provisions of the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on grant of house ownership or construction work ownership certificates or land use right certificates with acknowledgement of houses under the provisions of land law of the transferers.

5. In cases where house owners who are not concurrently land users apply for house ownership certificates, apart from the papers evidencing the house ownership under the provisions in Clauses 1, 2, 3 and 4 of this Article, there must be land users' documents permitting the use of land for construction of residential houses, which are notarized by public notary or authenticated by People's Committees of commune or higher level.

6. Organizations and individuals that have lost their house ownership certificates, when applying new ones, must possess the following papers:

a/ Papers certifying the loss of certificates, issued by commune-level police offices of the localities where the certificates were lost;

b/ In case of losing papers not due to natural calamities or fires, there must be papers evidencing an announcement thereof on the mass media, for urban centers (a report on papers or written certification of the agency publishing such report) or written certification by commune People's Committees of the posting of the announcement on loss of papers at the headquarters of the commune People's Committees for 10 working days, for rural areas.

7. Organizations and individuals whose house ownership certificates are damaged or ragged or have all pages on change certification fully inscribed, when applying for change thereof, must have the old house ownership certificates.

8. Organizations and individuals that were granted house ownership certificates and make changes in areas, height, main structure of houses, separate or consolidate land plots for cases of granting house ownership certificates provided for at Point a, Clause 1, Article 11 of the Housing Law against the contents in the certificates, when applying for certification of such changes, must possess the old residential house ownership certificates and the written declarations of the changes, except where the applications for certification of changes have already stated the contents of such changes.

Article 44.- Contents and forms of house ownership certificates

1. The house ownership and residential land use right certificates provided for at Point a, Clause 1, Article 11 of the Housing Law shall each contain four pages covering the following principal contents:

a/ Page 1 has the national emblem and the certificate name "Residential house ownership and residential land use right certificate";

b/ Page 2 has the contents on the name of the People's Committee competent to issue the certificate; the code number of the certificate; the name(s) of the residential house owner(s) and residential land user(s); the current status of the residential house and the residential land; day, month, year, position of the certificate signer and the serial number of the original dossiers;

c/ Page 3 expresses the content on the diagrams of the residential house and residential land;

d/ Page 4 demonstrates the contents on changes after the issuance of the certificate and matters the house owner should pay attention to when being granted the certificate.

The form of residential house ownership and residential land use right certificates prescribed in this Clause is specified in Appendix 3 to this Decree.

2. The house ownership certificates prescribed at Point b, Clause 1, Article 11 of the Housing Law shall each contain four pages covering the following principal contents:

a/ Page 1 has the national emblem and the certificate name "Residential house ownership certificate";

b/ Page 2 covers the contents on the name of the People's Committee competent to issue the certificate; the code number of the certificate; the name(s) of the house owner(s); the actual house conditions; the content on the used residential land; day, month, year and position of the certificate signer and the serial number of the original dossiers;

c/ Page 3 expresses the contents on the house diagram;

d/ Page 4 demonstrates the contents on changes after the issuance of the certificate and matters the house owner(s) should pay attention to when being granted the certificate.

The form of house ownership certificate provided for in this Clause shall be specified in Appendix 4 to this Decree.

3. The house ownership and residential land use right certificate defined in Clause 1 of this Article and the house ownership certificate defined in Clause 2 of this Article shall be collectively referred to as the house ownership certificate.

4. The Construction Ministry shall have to print and publish the house ownership certificates according to the contents and forms prescribed in this Article for unified application nationwide.

5. The house ownership certificates issued from the effective date of this Decree shall comply with the form of house ownership certificate as provided for by this Article.

Article 45.- Provisions on grant of, change certifications on, house ownership certificates

1. The competence to grant, change and re-grant house ownership certificates (hereinafter referred collectively to as to grant house ownership certificates) shall comply with the provisions of Article 14 of the Housing Law.

Based on their practical local conditions, provincial-level People's Committees may authorize provincial-level house management bodies to grant house ownership certificates to subjects falling under their competence to grant certificates. In case of being authorized by provincial-level People's Committees to grant certificates, the directors of provincial-level house management bodies shall sign under the authorization and affix the seals of the provincial-level People's Committees.

2. Competence to certify changes after the grant of house ownership certificates is provided for as follows:

a/ Where the house ownership certificates fall under the competence of provincial-level People's Committees, provincial-level house management bodies shall give the certification and affix the seals of the provincial-level house management bodies;

b/ Where the house ownership certificates fall under the competence of the district-level People's Committees, the district-level house management sections shall give the certification and affix the seals of the district-level People's Committees.

3. The writing of house owners' names in house ownership certificates shall comply with the provisions of Article 12 of the Housing Law. Dead persons' names should not be written in the certificates, except where house owners who have submitted the dossiers of application for certificates die within the duration of certificate granting. For other cases, when dossiers of application for certificates are compiled, persons entitled to inherit such houses must be identified under the provisions of civil law in order to write their names in the certificates.

4. Organizations and individuals that sell or donate parts of their houses may, depending on their own demands, request competent bodies to grant written certifications of changes in the granted house ownership certificates or grant new house ownership certificates for the remaining house and land sections.

5. Organizations and individuals that purchase, inherit or are donated houses adjacent to their own houses may, depending on their demands, request competent bodies to grant separate house ownership certificates to the houses newly transferred to them or grant common house ownership certificates to both their existing houses and the newly transferred houses.

6. Agencies that grant certificates or certify changes on certificates shall have to grant the originals of the house ownership certificates to owners and archive the copies thereof in dossiers; in cases of the house ownership and residential land use right certificates, they shall have to send the copies to the land management bodies of the same level for archive.

Article 46.- House ownership certificate-granting order and procedures with regard to houses granted the house ownership certificates for the first time (hereinafter called grant for short)

1. Organizations and individuals applying for house ownership certificates shall have to compile dossiers of application for certificates and submit them to provincial-level house management bodies, for organizations, or to district-level sections having the function to manage houses, for individuals. For domestic individuals in rural areas, they may file their dossiers at commune People's Committees and within five working days counting from the date of receiving the complete valid dossiers, the commune People's Committees shall have to transfer the dossiers to the district-level sections having the function to manage houses.

Where enterprises have invested in the construction of houses for sale, they shall have to represent the purchasers to carry out the procedures so that competent state bodies issue certificates to the purchasers according to the provisions of this Article.

2. Dossiers of application for house ownership certificates shall each comprise:

a/ The application for house ownership certificate (made according to the form guided by the Construction Ministry);

b/ Copies of the papers on establishment of house as provided for in Article 43 of this Decree. For domestic organizations applying for certificates, they are required to additionally have copies of their business registration certificates or copies of the decisions on their establishment. For overseas Vietnamese applying for certificates, they are required to additionally have copies of the papers evidencing that they are entitled to own houses in Vietnam;

c/ The drawings of the house and land diagram, for the cases specified at Point a, Clause 1, Article 11 of the Housing Law, the drawings of the house diagram, for the cases specified at Point b, Clause 1, Article 11 of the Housing Law, except where such drawing has been included in the papers on establishment of the houses defined at Point b of this Clause and there is practically no change therein.

The drawings of house and residential land diagrams must express the positions, shapes, sizes and acreages of the land plots; shapes, dimensions and flooring spaces of storeys of the houses; the locations of the houses on the land plots, common walls, separate walls. Particularly for condominium apartments, the drawings must express the location of the buildings, the shapes and floor dimensions of the storeys where exist such apartments and the positions, shapes, dimensions and areas of the apartments proposed for grant of certificates.

The drawings of house and residential land diagrams can be made by the applying organizations or individuals themselves, by hired organizations with legal person status in construction activities or by certificate-granting bodies. In cases where certificate-applying organizations or individuals make the drawings by themselves, they must obtain the verifications and certifications from provincial-level house management bodies, for organizations, or from the district-level sections having the function to manage houses, for individuals in urban centers, or from commune People's Committees, for individuals in rural areas. For newly built houses under housing projects, new-urban center projects, the drawings supplied by investors shall be used.

3. Agencies receiving dossiers shall have to check the dossiers, compare copies with their originals; if the dossiers include all papers defined in Clause 2 of this Article, they must issue receipts to certificate applicants, clearly stating the time for hand over of the certificates. Where the house and/or residential land diagrams are drawn by organizations or individuals themselves without verifications and certifications by competent bodies defined at Point c, Clause 2 of this Article, the receipts must state the appointment time for verification; the verification appointment time must not exceed 10 working days counting from the date of receiving the dossiers of application for certificates and shall not be counted into the certificate-granting time limit.

Where dossiers do not include all the prescribed papers, the dossier-receiving persons must clearly state the reasons and provide specific guidance right after receiving the dossiers so that the applicants know and supplement the dossiers.

4. Organizations and individuals applying for certificates shall have to pay certificate-granting fees to dossier-receiving bodies when submitting the dossiers. The certificate-granting fees shall be refunded in cases where certificates are not granted, except for cases where the certificate applicants have made untruthful declarations or are not entitled to own houses in Vietnam.

5. Within 30 days after the receipt of complete valid dossiers, provincial-level house management bodies or district-level sections having the function to manage houses shall have to check the dossiers, express the contents on the certificates, submit certificates to competent bodies for signing, notify the certificate applicants to pay financial obligation amounts under the provisions of law, make entries into house registers and hand the certificates to applicants, and at the same time have to transfer copies of the certificates to the land management bodies of the same level for archive as provided for in Clause 6, Article 45 of this Decree.

The certificate applicants shall have to pay the financial-obligation amounts notified to them before receiving the house ownership certificates.

6. House owners shall receive house ownership certificates at the agencies which have received their dossiers; in cases where other persons receive the certificates on their behalf, there must be authorization letters of the house owners, which are authenticated by commune People's Committees. Upon receipt of certificates, house owners must submit the receipts of the notified financial obligation amounts, the original papers on house establishment in the copy dossiers to certificate-handing bodies for archive in dossiers (except decisions approving housing development projects; investment certificates; land use right certificates for cases of being granted house ownership certificates defined at Point b, Clause 1, Article 11 of the Housing Law); house owners or their authorized persons, when receiving the certificates, must sign in the house ownership registers.

Where commune People's Committees hand over the house ownership certificates, they shall have to gather the papers defined in this Clause and must, within 15 working days, submit them to district-level house management bodies for inclusion in the archives.

Article 47.- Order and procedures for re-grant or change of, certification of changes on, house ownership certificates

1. Organizations and individuals that have been granted house ownership certificates which, however, have been lost, damaged, ragged or reduced to no more pages for inscription of changes in land areas, house height or main structures, shall have to compile dossiers of application for re-grant or change of, or certification of changes on, certificates and submit them to provincial-level house management bodies, for organizations, or to district-level sections having the function to manage houses, for individuals.

2. Dossiers of application for re-grant, change, certification of changes shall each include:

a/ The application for re-grant or change of, or certification of changes on, house ownership certificates (made according to the form guided by the Construction Ministry);

b/ Papers related to the re-grant, change or certification of changes as provided for in Article 43 of this Decree.

3. The dossier-receiving agencies shall have to check the dossiers; if they are complete with all papers specified in Clause 2 of this Article, they must issue receipts to the applicants, clearly stating the time for handing of certificates. In case of certification of changes, such receipts must state the appointment time for verification; the verification appointment time must not exceed 10 working days, counting from the date of receiving the dossiers of application for certificates and shall not be counted into the time limit for certification of changes on certificates.

Where dossiers do not include all the prescribed papers, the dossier-receiving persons must clearly state the reasons and have the responsibility to give detailed guidance immediately after receiving the dossiers so that the applicants know and supplement the dossiers.

4. Organizations and individuals applying for re-grant or change of, or certification of changes on, certificates shall have to pay fees for granting of certificates or certification of changes and shall be refunded the paid fees under the provisions of Clause 4, Article 46 of this Decree.

5. Within 30 days, in case of re-grant, and 15 days, in case of change or certification of changes, counting from the date of full receipt of complete and valid dossiers, provincial-level house management bodies or district-level sections having the function to manage houses shall have to check the dossiers, express the contents on certificates, submit the certificates to competent bodies for signing, certify changes on certificates, make entries in house ownership registers and hand the certificates to applicants, and at the same time transfer copies of the certificates to land management bodies of the same level for archive according to the provisions of Clause 6, Article 45 of this Decree.

6. The applicants for re-grant or change of, certification of changes on, certificates shall receive the house ownership certificates at agencies where they have submitted the dossiers and must sign the house ownership registers.

Article 48.- Order and procedures for grant of house ownership certificates with regard to cases of transfer of houses already granted the house ownership certificates

1. Organizations and individuals that purchase, rent-purchase, are donated, inherit houses with house ownership certificates already granted to the transferers shall have to compile dossiers of application for certificates and submit them to provincial-level house management bodies, for organizations, or to district-level sections having the function to manage houses, for individuals. For domestic individuals in rural areas, they may file the dossiers at commune People's Committees which, within five working days counting from the date of receiving the complete and valid dossiers, shall have to transfer the dossiers to the district-level sections having the function to manage houses.

2. Dossiers of application for house ownership certificates shall each comprise:

a/ The application for house ownership certificate (made according to the form guided by the Construction Ministry);

b/ The (written) contract on purchase, rent-purchase, donation or inheritance of house as provided for in Article 93 of the Housing Law, enclosed with a copy of the house ownership certificate of the transferer. For overseas Vietnamese applying for certificates, they are required to additionally have the copies of papers evidencing that they are entitled to own houses in Vietnam.

c/ In case of transfer of parts of houses in granted certificates, there must be drawings of house diagrams as provided for at Point c, Clause 2, Article 46 of this Decree.

3. The dossier-receiving agencies shall have to check the dossiers, compare copies with their originals; if the dossiers include all papers defined in Clause 2 of this Article, they must issue receipts to the certificate applicants, clearly stating the time for handing the certificates. In case of partial transfer of the houses already granted the certificates and the drawings of house and residential land diagrams have not yet been verified and certified by competent bodies defined at Point c, Clause 2, Article 46 of this Decree, the receipts must state the appointment time for verification; the verification time must be within 10 working days counting from the date of receiving the dossiers of application for certificates and shall not be counted into the certificate-granting time limit.

In cases where the dossiers do not comprise all the prescribed papers, the dossier-receiving persons must clearly state the reasons and have to provide specific guidance immediately after the receipt of dossiers so that the certificate applicants know and supplement the dossiers.

4. Organizations and individuals applying for certificates shall have to pay certificate-granting fees and shall be refunded the paid fees according to the provisions of Clause 4, Article 46 of this Decree.

5. Within 30 days counting from the date of full receipt of valid dossiers, provincial-level house management bodies or district-level sections having the function to manage houses shall have to check the dossiers, express the contents on certificates, submit them to competent agencies for signing, notify the certificate applicants to fulfill the financial obligations according to the provisions of law, make entries into house ownership registers and hand the certificates to applicants, and at the same time send copies of the certificates to the land management agencies of the same level for archive according to the provisions of Clause 6, Article 45 of this Decree.

The certificate applicants shall have to pay the notified-financial obligation amounts in order to receive the house ownership certificates.

6. House owners shall receive house ownership corticats at the agencies which have received the dossiers; in cases where certificates are received by other persons, there must be authorization letters of the house owners, which are authenticated by commune-level People's Committees. Upon receipt of certificates, house owners must submit receipts of the notified financial obligation amounts and the transferers' house ownership certificates to the certificate-handing agencies for archive in dossiers; owners or their authorized persons, when receiving the certificates, must sign in house ownership registers.

Article 49.- Fees for grant of certificates, certification of changes on house ownership certificates

Organizations and individuals applying for certificates, certification of changes on house ownership certificates shall have to pay fees for grant of, or certification of changes on, house ownership certificates according to the following regulations:

1. Not more than VND 100,000/certificate, for individuals, not more than VND 500,000/certificate, for organizations that apply for house ownership certificates for the first time for residential houses and cases of being transferred parts of houses already granted house ownership certificates.

2. Not more than VND 50,000/certificate, for the following cases:

a/ Houses have been granted the house ownership certificates, and now the owners apply for change, re-grant of, or certification of changes on, the granted house ownership certificates;

b/ Houses have been granted the house ownership and residential-land use right certificates under the Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses and rights to use residential land in urban centers, the house ownership certificates under the provisions of the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on grant of certificates of house ownership, construction work ownership or land use right certificates under the provisions of land law with the acknowledgement of houses, and now owners wish to change, re-grant the house ownership certificates according to the form prescribed in this Decree;

c/ For case of transfer of the entire houses already granted the house ownership certificates under the Housing Law, the house ownership and residential-land use right certificates under the Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses and rights to use residential land in urban centers under the provisions of the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on grant of house ownership or construction work ownership certificates or land use right certificates according to the provisions of land law with contents of acknowledgement of houses.

3. Based on the fee levels prescribed in Clauses 1 and 2 of this Article, provincial-level People’s Councils shall set the specific fee rates to suit the practical local conditions.

Article 50.- Registration fees and other financial obligations upon grant of certificates, certification of changes on house ownership certificates

1. Organizations and individuals establishing houses due to transfer from other organizations or individuals shall have to pay registration fees before being granted house ownership certificates, except for cases where they have already paid or are exempt from fee payment under the provisions of law on registration fees.

2. Registration fees shall not be collected in the following cases:

a/ Organizations and individuals are granted for change of, re-granted or given certification of changes on, house ownership certificates;

b/ Individuals establishing houses through the form of developing separate houses of households or individuals.

3. Organizations and individuals applying for grant of, or certification of changes on, house ownership certificates shall have to fulfill other financial obligations if so provided for by law upon recognition of house ownership and/or land use rights, except for cases of exemption or debt acknowledgement.

Article 51.- Cases not entitled to grant of house ownership certificates

1. Houses lie within areas banned from construction or encroach upon protection boundaries of technical infrastructures or classified historical or cultural relics.

2. Houses subject to ground clearance and demolition under issued decisions or notices or to land recovery under decisions of competent state bodies.

3. Houses under state ownership.

4. Houses otherwise committed by the Vietnamese government and foreign governments or international organizations.

5. There exist disputes over, or complaints about, house ownership and/or residential land use rights, which have not yet been settled under provisions of law.

6. Cases ineligible to own houses or unqualified for grant of house ownership certificates under the provisions of law on housing.

If provincial-level house management bodies or district-level sections having the function to manage houses, when dealing with dossiers of application for house ownership certificates, detect cases ineligible for grant of house ownership certificates specified in this Article, they shall have to notify the involved parties in writing thereof, clearly stating the reasons for non-grant of certificates, and return the dossiers to the applicants within 15 days counting from the date of receiving the dossiers.

Chapter IV

CONTENTS OF MANAGEMENT OF THE USE OF HOUSES

Article 52.- House warranty

1. Houses must be warranted after completing the construction of, and putting the houses to use, except for cases where houses are damaged due to natural calamities, enemy sabotage or by users.

2. The house warranty duration shall comply with the provisions of Article 74 of the Housing Law.

3. Where organizations or individuals constructing or selling houses without performing the obligation for house warranty, house owners may initiate lawsuits at the court; where the house warranty obligations are not fully performed, thus causing damage to other persons, they must pay compensations or shall be examined for penal liability according to the provisions of law.

Article 53.- House maintenance

1. House owners shall have to perform the house maintenance according to the provisions of the Housing Law and the law on construction, unless otherwise agreed upon between house owners and users. Where house owners cannot be identified yet, the current users shall have to perform the maintenance of such houses.

2. For urban houses and condominiums, if the persons responsible for maintenance fail to perform the maintenance of the facades and the sections under common ownership according to the regulations, the ward People's Committees shall request in writing the owners to perform the maintenance. If after 30 days counting from the date the ward People's Committees send their written requests the owners do not perform the maintenance, the ward People's Committees shall perform the maintenance and the owners shall have to pay all expenses for the organization of such maintenance.

3. If the responsible persons' failure to perform the house maintenance has caused damage to other persons, they must pay compensations therefor or shall be examined for penal liability according to provisions of law.

Article 54.- Funds for maintenance of condominiums' sections under common ownership by more than one owners

1. For condominiums sold from the effective date of the Housing Law, investors shall have to pay the following funding amounts for the maintenance of the condominiums:

a/ For the sold house floor areas, 2% of the sale proceeds must be paid. This money amount shall be calculated into sale money to be paid by purchasers;

b/ For the house floor areas not sold but retained by investors (excluding areas under common use), 2% of the value of such floor area shall be paid. This amount shall be calculated at the highest sale prices of apartments of such condominiums.

These funding amounts shall be pre-tax deducted for payment (the State shall not collect tax on these funding amounts).

2. For condominiums sold before the effective date of the Housing Law, for which 2% has not yet been collected by investors, the maintenance funding shall be distributed as follows:

a/ Investors retaining the house floor areas (excluding the areas for common use) shall contribute maintenance fundings corresponding to the retained areas;

b/ Apartment owners shall contribute 70% of the maintenance funding corresponding to their separate acreages. Local budgets shall provide as support the remaining 30% for owners to perform the maintenance.

3. The maintenance funding shall be deposited at commercial banks and managed by condominium management boards in service of the maintenance work according to the condominium management regulations.

4. Where the collected maintenance fundings are not enough, contributions shall be mobilized from owners corresponding to their separately owned flooring spaces. Where condominiums must be dismantled while the maintenance fundings prescribed at Point a, Clause 1 of this Article have not yet been used up, the remainder shall be used to support the resettlement upon reconstruction of the condominiums or included into the condominium maintenance funds after the reconstruction.

Article 55.- Demolition of houses currently on lease

1. The demolition of houses currently on lease shall comply with the provisions of Article 88 of the Housing Law.

2. Where houses must be urgently demolished due to heavy damage, which may collapse, the written notification of the demolition is not required.

3. Where demolition is carried out for reconstruction of houses while the leasing term has not expired yet, the lessors shall have to arrange other lodgings for the lessees during the period of house demolition and reconstruction, except for cases where the lessees agree to find lodgings by themselves.

Article 56.- Demolition of condominiums of many owners

1. The demolition of condominiums of many owners for reconstruction under projects must be agreed upon by two-thirds of the total number of condominium owners. Where the reconstruction of condominiums has been agreed upon by two-thirds of the total number of condominium owners, the coercive evacuation of other owners and users shall comply with the provisions of law. The expenses for coercive demolition shall be contributed by the coerced owners.

2. Where condominiums must be demolished for reconstruction under the provisions of Clause 1 of this Article, the owners shall be resettled and enjoy some benefits under the following regulations:

a/ To be provided with evacuation funding supports by investors; to be provided with lodgings or funding supports for self-finding of lodgings during the period of reconstruction;

b/ Owners who wish to purchase more floor areas of new houses under projects on reconstruction of condominiums at commercial prices shall be given priority to buy them first.

Chapter V

SOME SPECIFIC PROVISIONS ON HOUSE-RELATED TRANSACTIONS

Article 57.- Trading in houses under common ownership with co-owner(s) who is/are absent

1. The trading in houses under common ownership shall comply with the provisions of Article 96 of the Housing Law.

2. Where a co-owner is absent and his/her residence place is unidentifiable, the remaining co-owners must file their applications requesting the court to declare such person missing under the provisions of law before selling such houses.

Based on the sale prices of houses stated in the house trading contracts, the remaining co-owners shall have to deposit the house sale money amount corresponding to the value of the missing person's house ownership into a commercial bank at the place where the house is sold; when the person declared missing returns and requests, the bank that has received the deposit shall have to return the money to him/her with both principal and interests according to regulations on demand deposit interests at the time the person declared missing receives back the money.

3. Where the person declared missing has died or been declared dead by a court, the bank deposit money amount mentioned in Clause 2 of this Article shall be divided to his/her lawful heirs under the provisions of civil law.

Article 58.- Rent-purchase of social houses

1. The rent-purchase of social houses must be carried out under contracts between social house-managing units and rent-purchasers.

2. After the advance payment of 20% of the value of the rent-purchased houses, the rent-purchasers may pay the remainder within the period prescribed by provincial-level People's Committees, which, however, must not be shorter than 15 years and longer than 20 years.

3. Upon the expiry of the house rent-purchase term as provided for in Clause 2 of this Article, units assigned to manage houses shall have to complete the procedures for termination of the rent-purchase contracts and transfer the house purchase dossiers to district-level People's Committees of the localities where the rent-purchased houses are located for grant of house ownership certificates to rent-purchasers.

4. Units assigned to manage social houses may unilaterally stop performing contracts on social house rent-purchase and recover the houses currently on rent-purchase in one of the following cases:

a/ The rent-purchasers do not pay rents for three consecutive months without plausible reasons;

b/ The rent-purchasers repair, restructure, renovate or expand the houses on rent-purchase at their own will;

c/ The rent-purchasers sell or transfer the right to rent to other persons at their own will without consent of house-managing units.

5. Disputes over house rent-purchase contracts shall be settled through conciliation. Where conciliation fails, the parties may request a court to settle their diameters according to the provisions of law.

Article 59.- House exchange

1. The transactions of house exchange prescribed in Section 6, Chapter V of the Housing Law shall only apply to cases where the parties exchange houses and transfer the house ownership to each other, not to the cases of house use right exchange.

2. The house exchange parties shall have to strictly comply with the house exchange order and procedures and fulfill all financial obligations towards the State according to regulations. All cases of converting the transaction form of house exchange contract into house trading contract shall be regarded as breaching law and the parties shall not be granted certificates of ownership over the exchanged houses.

Article 60.- House mortgage

1. The house mortgage must be carried out via contracts. House mortgage contracts must contain the contents defined in Article 93 of the Housing Law and comply with the provisions of Section 8, Chapter V of the Housing Law.

2. Immediately after the conclusion of mortgage contracts, the mortgagees shall have to notify the mortgage in writing to provincial-level house management bodies of the localities where exist the houses, if the mortgagors are organizations, or to district-level house management bodies, if the mortgagors are individuals. Such written notification must clearly state the names of house owners, the addresses of the mortgaged houses and the mortgage duration.

3. After the mortgagors fulfill the obligations towards the mortgagees or where the mortgaged houses are auctioned to settle the mortgage obligations, the mortgagees must send written notices to house management bodies on the demortgage or auction of the mortgaged houses.

4. Upon receipt of notices mentioned in Clauses 2 and 3 of this Article, the house management bodies must record them into house ownership registers for monitoring of the mortgage. Where house owners are detected as having mortgaged their houses at other credit institutions, the house management bodies must immediately notify in writing the mortgagees thereof.

Article 61.- House-related transactions involving overseas Vietnamese, foreign organizations or individuals

1. Overseas Vietnamese participating in transactions of trading in, donating, inheriting houses in Vietnam shall have to comply with the following regulations:

a/ They are entitled to own houses in Vietnam under the provisions of Article 126 and satisfy all the conditions prescribed in Article 92 of the Housing Law;

b/ They carry out the trading in, donation, inheritance of houses in strict accordance with the provisions of Chapter V of the Housing Law and the provisions of this Decree;

c/ Those who are other than the subjects defined at Point 126 of the Housing Law or those who fall into the subjects defined at Point 2, Article 126 of the Housing Law but are currently owning houses in Vietnam, if being donated or inheriting houses, may only enjoy the value of such houses according to the provisions of Article 68 of this Decree.

2. Overseas Vietnamese, foreign organizations and individuals that conclude contracts on renting houses in Vietnam shall have to comply with the following regulations:

a/ They must satisfy all conditions for renting houses in Vietnam as provided for in Article 131 of the Housing Law;

b/ The house-renting contracts must be made in writing under the provisions of Article 93 of the Housing Law;

c/ The house lessees must fully perform their rights and obligations specified in the Housing Law, the Civil Code and this Decree.

Article 62.- House contracts

1. Transactions on sale and purchase, rent-purchase, donation, exchange, mortgage, lending, permitted temporary stay, authorized management of houses must be concluded in writing (referred collectively to as house contracts); the contents of these contracts must conform to the provisions of Clause 2, Article 93 of the Housing Law and the provisions of the Civil Code. Where houses are donated by legal persons, there must be documents on donation.

2. Contracts on sale and purchase of newly built houses, apart from the contents prescribed in Clause 1 of this Article, must also express clearly the contents on house warranty duration, the sellers’ responsibilities for house warranty, time for transfer of house ownership to purchasers. The house sale and purchase contracts shall be made according to the form in Appendix 5 to this Decree.

3. Contracts on rent, rent-purchase of social houses shall be made in writing, specifying the rights and obligations of the involved parties and must not be notarized nor authenticated.

Social-house renting contracts shall be signed according to set terms which, however, shall not exceed 5 years (60 months). At the end of such term, the lessees shall be considered by competent bodies for extension of contracts if they have fully implemented the house-renting regulation during the leasing terms and remain eligible and satisfy the conditions to rent social houses. Social house-renting contracts shall be made according to the form in Appendix 6 and under the guidance in Appendix 7 to this Decree.

4. Official-duty house renting contracts shall be made in writing, specifying the rights and obligations of the involved parties and must not be notarized nor authenticated.

Official-duty house-renting contracts shall be signed for terms not exceeding the terms of office of the lessees as stated in the decisions on transfer or rotation of cadres. Where the leasing contracts expire but the lessees still satisfy the conditions on subjects and floor area for renting official-duty houses under the provisions of the Housing Law, this Decree and have fully paid rents, the official-house management units shall extend the leasing contracts until the lessees move to other places, retire from work or are no longer eligible for renting such official-duty houses. The official-duty house renting contracts shall be made according to the form in Appendix 8 to this Decree (not printed herein).

5. Other house-renting contracts must be made in writing, specifying the rights and obligations of the two parties under the provisions of the Housing Law and the Civil Code. In cases where individuals lease houses for less than six months or house-leasing organizations have the function of dealing in houses, the house-renting contracts must not be notarized nor authenticated. The house-renting contracts shall be made according to the form in Appendix 9 to this Decree (not printed herein).

6. Contracts on exchange, donation, mortgage, lending, permitted temporary stay, authorized management of houses shall comply with the provisions of the Housing Law and the Civil Code.

Article 63.- Time for transfer of house ownership, for transactions of sale and purchase, donation, exchange, rent-purchase, inheritance of houses

1. The time for transfer of house ownership, for cases of house sale and purchase, shall be counted from the date the house sale and purchase contracts are notarized or authenticated. Where a party to the house sale and purchase is an organization having the function to deal in houses, the time for transfer of house ownership shall be the time the seller hand over the house to the purchaser under the agreement in the contract.

2. The time for transfer of house ownership, for cases of house donation, shall be counted from the date the house donation contracts are notarized or authenticated. Where legal persons donate houses, the time for house ownership transfer to the donees shall be counted from the date the donors sign the donation documents.

3. The time for transfer of house ownership, for cases of house exchange, shall be counted from the date the house exchange contracts are notarized or authenticated. Where the two parties to a house exchange are organizations having the function of dealing in houses, the time for house ownership transfer shall be the time of handing over the houses as agreed upon in the house exchange contracts.

4. The time for transfer of house ownership, for cases of house rent-purchase, shall be counted from the time of ending the rent-purchase terms and the rent-purchasers have fully paid the monthly rents according to the provisions of Clause 2, Article 58 of this Decree.

5. The time for transfer of house ownership, for cases of house inheritance, shall be counted from the time of opening the inheritance. The identification of organizations, individuals inheriting houses shall comply with the provisions of civil law.

Chapter VI

HOUSES IN VIETNAM OF OVERSEAS VIETNAMESE, FOREIGN ORGANIZATIONS OR INDIVIDUALS

Article 64.- Ownership of houses in Vietnam by overseas Vietnamese, foreign organizations or individuals

Ownership of houses in Vietnam by overseas Vietnamese, foreign organizations or individuals shall comply with the provisions of Section 1, Chapter VI of the Housing Law and the provisions of this Decree.

Article 65.- Ownership of houses by overseas Vietnamese

1. Overseas Vietnamese who are Vietnamese citizens or of the Vietnamese stock, residing and earning their living for long terms in foreign countries under the provisions of the May 20, 1998 Law on Vietnamese Nationality (which took effect on January 1, 1999).

2. Overseas Vietnamese may own houses in Vietnam in one of the following forms:

a/ Investment in the construction of houses for sale or lease;

b/ Purchase of, being donated with, inheritance of, houses.

3. Overseas Vietnamese investing in the construction of houses for lease shall be granted house ownership certificates over such houses by competent state bodies. The house ownership duration shall be the duration specified in investment certificates and clearly stated in the house ownership certificates.

Where investment is made in the construction of houses for sale, the State shall not grant house ownership certificates to investors. After the completion of construction under projects, investors may sell such houses to domestic organizations and individuals as well as overseas Vietnamese entitled to own houses in Vietnam according to the provisions of the Housing Law and this Decree. Investors shall, on behalf of house purchasers, have to carry out the procedures according to the provisions of Chapter III of this Decree so that competent state bodies grant house ownership certificates to house purchasers.

Investors building houses for sale or lease shall have to pay land use levies, land rents and other financial obligations under provisions of law.

4. Overseas Vietnamese mentioned below may purchase, be donated with, exchange or inherit houses like domestic Vietnamese (without restriction on the number of houses they can own):

a/ Overseas Vietnamese who return to Vietnam for long-term investment and directly carry out investment activities under the provisions of the Investment Law and are granted the investment certificates;

b/ Overseas Vietnamese who have rendered great services to the country, including those who enjoy the preferential treatment regimes under the June 29, 2005 Ordinance on preferential treatment of persons with meritorious services to revolution; those who have made contributions to the cause of national liberation and construction and were awarded orders and/or medals by the State President or the Government; diplomas of merit by the Prime Minister; and/or commemorative badges by the Presidium of the Central Committee of Vietnam Fatherland Front or ministers, heads of central branches for the cause of their respective branches; persons who participate in the Executive Committees of Vietnamese socio-political organizations of the provincial or higher level with certification by such socio-political organizations; persons who are elected into the Central Committees of such organizations, who play the core role in movements or organizations of overseas Vietnamese and establish relations with the country through the Committee on Overseas Vietnamese and persons who have actively contributed to and assisted representative agencies or external activities of Vietnam in foreign countries, with the certification by such agencies;

c/ Cultural activists, scientists who wish to return to Vietnam for regular activities in service of national construction, including culturalists, scientists conferred scientific, educational, cultural or art titles or degrees of Vietnam or foreign countries; specialists in the socio-economic fields. The persons mentioned at this Point must be invited to Vietnam by Party or State leaders, ministers, heads of ministerial-level agencies to work as specialists or collaborators in the fields of science, education, culture and art, with the certification by leaders of the inviting agencies;

d/ Overseas Vietnamese permitted to return to live permanently in Vietnam, who file their applications to live permanently in Vietnam and are approved by competent authorities of Vietnamese diplomatic missions.

5. Overseas Vietnamese other than the subjects defined in Clause 4 of this Article, who have returned to Vietnam and resided for the permitted duration of six months or more, may own a single house or an apartment during their residence in Vietnam.

The Foreign Affairs Ministry shall coordinate with the Public Security Ministry in guiding in detail the determination of the residence duration in Vietnam of overseas Vietnamese. Upon the grant of visa, it shall ensure that those who wish may purchase houses as provided for in this Clause.

6. Overseas Vietnamese who are not entitled to own houses in Vietnam or are entitled to own a limited number of houses in Vietnam under the provision of Point c, Clause 1, Article 61 of this Decree, if being donated or inheriting houses, may only enjoy the value of such houses under the provisions of Article 68 of this Decree.

7. The order and procedures for grant of house ownership certificates to overseas Vietnamese shall comply with the provisions of Chapter III of this Decree.

The Foreign Affairs Ministry shall guide in detail the papers and procedures for certifying overseas Vietnamese to be entitled to own houses in Vietnam.

Article 66.- Ownership of houses in Vietnam by foreign organizations or individuals

1. Foreign organizations and individuals may own houses in Vietnam through investment in the construction of houses for lease.

2. Foreign organizations and individuals investing in the construction of houses for lease shall be granted certificates of ownership over such houses. The house ownership duration shall be the duration prescribed in the investment certificates and stated in the house ownership certificates.

In case of investment in the construction of houses for sale, the State shall not grant house ownership certificates to investors. After the completion of construction under projects, investors may sell such houses to domestic organizations or individuals and overseas Vietnamese entitled to own houses in Vietnam under the provisions of the Housing Law and this Decree. Investors shall, on behalf of the house purchasers, have to carry out the procedures prescribed in Chapter III of this Decree so that competent state bodies grant house ownership certificates to house purchasers.

Investors constructing houses for sale or lease shall have to pay land use levies, land rents and other financial obligations under the provisions of law.

3. Foreign organizations or individuals that are donated or inherit houses may only enjoy the value of such houses under the provisions of Article 68 of this Decree.

4. The order and procedures for the grant of house ownership certificates to foreign organizations and individuals shall comply with the provisions of Chapter III of this Decree.

Article 67.- Overseas Vietnamese, foreign organizations and individuals renting houses in Vietnam

1. House-renting subjects and conditions include:

a/ Foreign organizations and individuals permitted to enter Vietnam for a duration of three consecutive months or more;

b/ Overseas Vietnamese who are staying in Vietnam and wish to rent houses.

2. The house- renting order and procedures, the rights and obligations of house lessees shall comply with the provisions of Clause 2, Article 61 of this Decree.

Article 68.- Cases of being donated or inheriting houses and only enjoying the value of such houses

1. The following foreign organizations and individuals, overseas Vietnamese, when being donated or inheriting houses in Vietnam, shall not be entitled to own but only enjoy the value of such houses:

a/ Foreign organizations and individuals;

b/ Overseas Vietnamese who are permitted to return to Vietnam for residence for less than 6 months;

c/ Overseas Vietnamese who are entitled to own only one house and are currently owning houses in Vietnam.

2. Organizations and individuals that are donated or inherit houses as provided for in Clause 1 of this Article may directly sell or authorize organizations or individuals under the provisions of civil law to do so when having the following papers:

a/ Papers on house donation or inheritance under the provisions of Article 93 of the Housing Law;

b/ House ownership certificates under the provisions of the Housing Law or house ownership or residential land use right certificates under the provisions of the Government's Decree No. 60/CP of July 5, 1994, on the right to own houses and the right to use residential land in urban centers or house ownership certificates under the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of house ownership or construction work ownership certificates or land use right certificates already issued under provisions of land law with the acknowledgement of houses of donors or estate leavers;

c/ In case of authorizing organizations or individuals to sell, there must be letters of authorization as provided for by law.

3. Where house donees or heirs transfer money from house sale abroad, they must abide by the provisions of Vietnamese law on transfer of money abroad.

Chapter VII

STATE MANAGEMENT OF HOUSES

Article 69.- Elaboration of national orientations for housing development

1. Based on the national socio-economic development strategy in each period, the Prime Minister shall promulgate the national housing development orientation for every ten-year period, which serves as a basis for research into, and elaboration of, housing policies and a basis for localities to formulate their housing development programs.

2. The national housing development orientation shall cover the following principal contents:

a/ The present housing situation of the country;

b/ The analysis and evaluation of the housing development results and problems as well as the causes thereof;

c/ Housing development viewpoints, objectives and requirements in the coming period, pinpointing key programs, basic viewpoints, objectives, requirements and norms on development of commercial houses, social houses, official-duty houses, houses for social-policy beneficiaries;

d/ Solutions to the attainment of housing development objectives, including mechanisms and policies on planning, land, technical infrastructures, finance, credit and implementation measures.

3. Based on the socio-economic development strategies and housing development orientations, the Prime Minister shall promulgate key housing development programs in order to provide dwelling houses for subjects meeting with housing difficulties in regions and zones.

4. The basic housing development targets in national housing development orientations and programs must be included in the national socio-economic development tasks of each period. In the course of implementation, the set orientations and programs must be preliminarily reviewed, revised, amended, adjusted and supplemented in time to suit the practical situation.

At the end of each implementation period, the implementation results must be finally reviewed and evaluated.

Article 70.- Formulation of local housing development programs

1. Based on the national housing development orientations and programs promulgated by the Prime Minister, their local socio-economic development tasks and the State's current mechanisms and policies on housing development and management, the provincial-level People's Committees must work out their respective local housing development programs for a period of five years or longer and submit them to the People's Councils of the same level for adoption before promulgation thereof.

2. The local housing development programs shall cover the following principal contents:

a/ The general housing situation of localities;

b/ The analysis and evaluation of housing development results and problems as well as the causes thereof;

c/ Basic viewpoints, objectives, demands and norms on development of commercial houses, social houses, official-duty houses in localities, formulating specific housing development plans in order to provide lodgings for displaced people subject to ground clearance; workers in export processing zones, economic zones, industrial parks, hi-tech parks; subjects currently living in regions frequently affected by natural calamities, dangerously degraded condominiums, lodging quarters with degraded technical infrastructures which fail to meet the requirements; poor ethnic minority households in rural and mountainous areas; people with meritorious services to the revolution who are meeting with housing difficulties;

d/ Measures for implementation of housing development programs, plans regarding the planning on the use of land for housing development; mechanisms and policies on land, technical infrastructure, finance, credit, preference to call for investment; tentative lists of housing development projects; implementation schedule; specific tasks and responsibilities of provincial/municipal Services, Committees, branches, administrations of all levels in the course of implementation.

3. The basic housing development targets in housing development programs and plans must be included in the local socio-economic development tasks in each period.

In the course of implementation, the set programs and plans must be preliminarily reviewed, revised, amended, adjusted or supplemented in time to suit the practical situation.

Upon the completion of programs and plans, the implementation results must be finally reviewed and evaluated.

4. Provincial-level People's Committees shall have to allocate local budget for investigations, surveys, elaboration of housing development programs and plans of their respective localities.

Article 71.- Management and supply of housing information

1. Agencies responsible for management of house dossiers:

a/ Provincial-level house management bodies shall manage the dossiers of houses with house ownership certificates granted by provincial-level People's Committees;

b/ District-level People's Committees shall manage the dossiers of houses with house ownership certificates granted by district-level People's Committees.

Assisting the district-level People's Committees in performing the management of house dossiers shall be district-level sections having the function to manage houses.

2. House dossiers shall cover the contents prescribed in Clause 3, Article 66 of the Housing Law.

3. House dossier management agencies shall have to supply information on houses to agencies defined in Clause 7 of this Article and organizations or individuals with rights and obligations related to such houses upon request.

4. Information on houses are information relevant to the present conditions and legality of houses and residential land stated in the house dossiers.

5. Organizations and individuals requesting the supply of information on houses must file their written requests, clearly stating their full names and addresses, contents of information to be supplied and purposes of their requests for supply of information.

6. Information can be supplied in forms of written replies, copies or extracts of dossiers, or via computer networks.

7. Organizations and individuals requesting supply of information on houses must pay information supply charges to house dossier management agencies, except where competent state bodies request the supply of information in service of the state management of houses and investigating bodies, people's procuracies or people's courts request the supply of information in service of investigation, settlement of disputes, complaints, denunciations or house-related cases.

The Finance Ministry shall coordinate with the Construction Ministry in setting the rates, state budget remittance percentages and regimes of use of information supply charges defined in this Article.

Article 72.- Surveys, statistics, formulation of data on houses

1. Once every five years, the People's Committees of all levels shall have to conduct surveys and statistics and formulate data on houses in their respective localities to serve the requirements of elaboration of their local housing development programs and plans according to the following regulations:

a/ House surveys and statistics shall be carried through distribution of questionnaires to every organization participating in housing development and every household in localities;

b/ Surveys and statistics shall be organized from the commune level. The commune-level People's Committees shall distribute survey and statistical cards, sum up data in their respective localities and report thereon to district-level People's Committees which shall have to sum up the data of all communes in their districts and report thereon to provincial-level People's Committees. Provincial-level People's Committees shall have to sum up the data reported by all their districts and report thereon to the Construction Ministry;

c/ The contents of survey questionnaires and data statistic and sum-up forms shall be guided by the Construction Ministry in coordination with the General Statistics Office.

2. Once every five years, the Construction Ministry shall have to sum up the data of the localities, formulate data on houses throughout the country and promulgate them at the beginning of plan years to serve the elaboration of national housing development policies, orientations and programs.

3. Funds for the investigations, surveys, statistics and formulation of data on houses shall be channeled from the state budgets.

The Construction Ministry shall assume the prime responsibility for, and coordinate with the Planning and Investment Ministry and the Finance Ministry in, formulation of the contents of, and budget capital plans for, investigations, surveys, statistics and formulation of databases on houses and submit them to the Prime Minister for decision.

Article 73.- Training and fostering of housing development and management cadres and public servants

1. Cadres and public servants working in the domain of housing development and management of all levels and branches must, at least once every five years, attend training or fostering courses on knowledge about housing development and management so as to be updated with mechanisms, policies, legal provisions, domestic and foreign information on housing development and management.

2. The Construction Ministry shall stipulate the plans, programs and contents of, and coordinate with ministries, branches and localities in organizing, such training and fostering courses for the contingent of cadres and public servants involved in housing development and management.

3. Funds for compilation of teaching stuffs and organization of such courses shall be contributed by trainees. Agencies sending their cadres and public servants to attend the courses shall have to deduct their own funds for their cadres and public servants attending refresher courses on housing development and management.

Article 74.- Management of housing real estate brokerage activities

1. Organizations and individuals of all economic sectors satisfying the conditions prescribed in Clause 2 of this Article may participate in housing real estate brokerage activities.

2. Conditions for organizations, individuals participating in housing real estate brokerage activities:

a/ Individuals practicing housing real estate brokerage must go through training courses on real estate brokerage and be granted certificates by agencies or organizations having the function of providing real estate brokerage training according to the provisions of law on real estate business;

b/ Organizations and individuals conducting housing real estate brokerage activities must have the real estate brokerage business registration certificates according to the provisions of law on real estate business.

3. The Construction Ministry shall promulgate regulations on organization of housing real estate brokerage activities.

Article 75.- The Construction Ministry's responsibilities for state management of houses

1. To be answerable to the Government for the unified state management of houses throughout the country.

2. To study and submit to the Prime Minister for promulgation the national housing development orientations and programs for every ten-year period, based on the monitoring and evaluation of the implementation of housing development programs of localities.

3. To study and submit to the Government, the Prime Minister for amendment, supplementation or promulgation or to amend, supplement or promulgate according to competence legal documents on housing development and management.

4. To direct and guide the localities in organizing and implementing the housing development and management in localities.

5. To examine, inspect and settle according to competence or submit to the Government, the Prime Minister for settlement of difficulties and problems of branches, levels, agencies, organizations and individuals in the course of performing the work of housing development and management.

6. To periodically report to the Government, the Prime Minister on the implementation of the Housing Law and this Decree nationwide.

Article 76.- Responsibilities of concerned ministries and branches for the state management of houses

1. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, have to coordinate with the Construction Ministry in performing the state management of houses.

2. To study, amend, supplement and promulgate legal documents on housing development and management according to their respective functions and tasks assigned by the Government.

3. To coordinate with the Construction Ministry in studying and drafting policies and participate in directing and guiding the organization of examination and inspection of the observance of legal provisions on housing development and management by branches, levels, agencies, organizations and individuals involved.

Article 77.- Responsibilities of localities for state management of houses

1. People's Committees of all levels shall have the responsibilities:

a/ To perform the state management of houses in their respective localities;

b/ To direct, guide and organize the performance, examination and inspection of housing development and management in their respective localities according to their assigned functions and tasks;

c/ To propagate to and mobilize organizations and individuals to observe the legal provisions on housing development and management;

d/ To periodically report to their superiors on the implementation of the Housing Law in their respective localities.

2. Apart from the provisions of Clause 1 of this Article, provincial-level People's Committees shall have to promulgate specific mechanisms and policies on housing development and management, housing development programs and plans as well as other contents assigned to them in the Housing Law and this Decree to suit the practical conditions of their respective localities and direct the organization of implementation thereof.

3. Assisting provincial-level People's Committees in performing the function of state management of houses shall be provincial-level house management bodies. Provinces with urban centers of grade 2 or higher and centrally-run cities shall have to set up housing development and management sections in the provincial-level house management bodies. Provincial-level house management bodies of other provinces may set up housing development and management sections or incorporate such functions with other sections but must ensure that there are at least two cadres specializing in housing development and management work.

People's Committees of provincial towns must have housing development and management sections. People's Committees of rural districts, urban districts, provincial towns may set up housing development and management sections or incorporate such functions with other sections, but must ensure that there are at least two cadres specializing in housing development and management work.

Based on the practical conditions, commune-level People's Committees shall arrange cadres to monitor the housing domain to suit the requirements of management of houses in their localities.

Article 78.- The Steering Committee for Housing Policies

1. The Prime Minister shall decide on the establishment of the Central Steering Committees for Housing Policies, presidents of provincial-level People's Committees shall decide on the establishment of provincial-level Steering Committees for Housing Policies to help direct the implementation of the Housing Law and the policies relating to housing development and management.

The Central Steering Committee and the provincial-level Steering Committees shall have the assisting inter-branch groups of specialists.

Members of the Steering Committees and the specialists' groups shall work on a part-time basis and enjoy allowances according to regulations. Budgets of the same level shall provide funds for operations of the Steering Committees and the assisting specialists' groups.

2. The Prime Minister and presidents of provincial-level People's Committees shall define the functions, tasks and operation regulations of the Steering Committees and assisting specialists' groups.

Article 79.- The role of Vietnam Fatherland Front and its member organizations in the housing domain

The Vietnam Fatherland Front and its member organizations are requested to participate in the following activities in the housing domain:

1. Coordinating with state bodies in propagating for the undertakings, policies and legal provisions in the housing domain and participating in reconciliation of house-related disputes;

2. Participating in the study of, making proposals and comments to state bodies on, formulation of mechanisms, policies and law on houses;

3. Assuming the prime responsibility for mobilizing domestic and foreign organizations and individuals to implement programs on assisting poor people to improve their housing conditions, doing away with rotten and leaking palm-leaf and bamboo houses, to build and present gratitude houses, charity houses and solidarity houses.

4. Supervising state bodies, organizations and individuals in the realization of housing policies.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 80.- Implementation effect

1. This Decree shall take effect 15 days after its publication in "CONG BAO."

2. This Decree shall replace the following decrees:

a/ The Government's Decree No. 60/CP of July 5, 1994, on the rights to own houses and the rights to use residential land in urban centers;

b/ The Government's Decree No. 71/2001/ND-CP of October 5, 2001, on preferences on investment in the construction of houses for sale or lease;

c/ The Government's Decree No. 81/2001/ND-CP of November 5, 2001, on purchase of houses in Vietnam by overseas Vietnamese.

3. The following regulations are hereby annulled:

a/ The contents related to dealing in houses, trading in houses not for commercial purposes in the Government's Decree No. 61/CP of July 5, 1994, on house trading and dealing;

b/ The contents related to the grant of house ownership certificates in the Government's Decree No. 95/2005/ND-CP of July 15, 2005, on the grant of house ownership, construction work ownership certificates;

c/ The contents related to housing development, management of house use and ownership, house-related transactions in the legal documents promulgated by the Government, the Prime Minister, ministries, ministerial-level agencies, provincial-level People's Committees, which are contrary to the contents of this Decree.

Article 81.- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall have to implement this Decree.

 

 






 


APPENDIX 1.

SOCIAL-HOUSE RENTING, RENT-PURCHASE PRICE BRACKET

Table 1. Social-house rent bracket, applicable to low-rises in rural areas

Unit of calculation: VND 1,000/m2

            Region

Rent

Delta

Mid-land

Mountain

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Rent bracket

13

20

10

18

9

16

 

Table 2. Social-house rent bracket, applicable to condominiums

Unit of calculation: VND 1,000/m2

            Grade of urban                                               center

Rent

Urban Centers of special grade and
grade I

Urban center of grade II
and grade III

Urban centers of grade IV
and grade V

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Rent bracket

15

28

13

25

12

22

 

Table 3. Social-house rent bracket, applicable in economic zones, industrial parks, export processing zones and hi-tech parks

Unit of calculation: VND 1,000/m2

 

Concentrated industrial parks

Rent rate

Minimum rent

Maximum rent

9

25

 

Table 4. Social-house rent-purchase price bracket

Unit of calculation: VND 1,000/m2

Price

First payment

Monthly paid

Urban centers of special grade and grade I

Urban centers of grade II,
grade III

Urban centers of grade IV,
grade V

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

 

20% of the investment price for 1m2 of flooring space apartment x Use flooring space of the apartment

18

30

16

27

14

24

 

APPENDIX 2.

OFFICIAL-DUTY HOUSE RENT BRACKET

Table 1. Official-duty villa house rent bracket

Unit of calculation: VND 1,000/m2

       Grade of urban                   center

Rent

Urban centers of special grade and grade I

Urban centers of grade II,
grade III

Urban centers of grade IV,
grade V

 

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Rent bracket

22

42

20

38

18

34

 

Table 2. Official-duty condominium rent bracket

Unit of calculation: VND 1,000/m2

        Grade of urban                                 center

Rent

Urban centers of special grade and grade I

Urban centers of grade II and
grade III

Urban centers of grade IV and
grade V

 

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Rent bracket

19

35

17

31

15

28

 

Table 3. Official-duty low-rise rent bracket

Unit of calculation: VND 1,000/m2

        Grade of urban                      center

Rent

Urban centers of special grade and grade I

Urban centers of grade II and
grade III

Urban centers of grade IV and
grade V

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Minimum rent

Maximum rent

Rent bracket

14

25

15

22

11

20

 

Thuộc tính Văn bản pháp luật 90/2006/ND-CP

Loại văn bảnNghị định
Số hiệu90/2006/ND-CP
Cơ quan ban hành
Người ký
Ngày ban hành06/09/2006
Ngày hiệu lực08/10/2006
Ngày công báo...
Số công báo
Lĩnh vựcBất động sản
Tình trạng hiệu lựcHết hiệu lực 08/08/2010
Cập nhật2 năm trước
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Download Văn bản pháp luật 90/2006/ND-CP

Lược đồ Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law


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      Văn bản hiện thời

      Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law
      Loại văn bảnNghị định
      Số hiệu90/2006/ND-CP
      Cơ quan ban hànhChính phủ
      Người kýNguyễn Tấn Dũng
      Ngày ban hành06/09/2006
      Ngày hiệu lực08/10/2006
      Ngày công báo...
      Số công báo
      Lĩnh vựcBất động sản
      Tình trạng hiệu lựcHết hiệu lực 08/08/2010
      Cập nhật2 năm trước

      Văn bản hợp nhất

        Văn bản gốc Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law

        Lịch sử hiệu lực Decree of Government No. 90/2006/ND-CP of September 06, 2006 detailing and guiding the implementation of The Housing Law