The Decree 99/2015/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Housing

Original Language Title: Nghị định 99/2015/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Nhà ở

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THE GOVERNMENT.
Number: 99 /2015/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 20, 2015

DECREE

Detailed rules and guidelines for some of the provisions of the Law in

____________________

Root Come on Law. socket Ch. I'm On December 25, 200. 1 ()

Root Come on House Law on November 25, 20 1 4;

At the suggestion of the Minister of Construction,

Ch I'm The government issued a decree of regulation. i I'm going to have to do it. There. The number of Housing Law.

Chapter I

GENERAL REGULATION

Number one. Adjustment range

1. This decree rules out the details and guidelines that enforce some of the things, the housing ownership, housing development, management, housing use, housing transactions and state management of housing in Vietnam rules at Home Law. 65 /2014/QH13 (later called Housing Law).

2. The regulation of some things, the provision of social housing development; management, use of social housing not owned by the state; renovate, rebuilding the apartment building; construction, management and use of the housing information system; trading trading, renting, leasing. Renting out the business in the business of the business, the real estate business cooperative; the inspector, the punishment of administrative violations in the housing sector is done according to other Government Decree.

Article 2. Subject applies

1. Organization, household, domestic individuals, Vietnamese people residing abroad, organization; foreign individuals are involved in the possession, development, management, use and trading of housing in Vietnam.

2. The state governing body is concerned with housing.

Third. The program, the local housing development plan.

1. The Provincial People 's Committee, the Central Committee of the Central Committee (later known as the Provincial People' s Committee) is responsible for organizing program building, local housing development plans and the deployment of the program, the plan in accordance with the rules. At Article 15 and Article 169 of the Housing Law.

2. The content of home development at 05 years and 10 years or longer of the locality includes:

a) Assessment of the status of housing types (individual housing, condomiers), housing of object groups specified in Article 49 of the Law of Housing on the site;

b) Analysis, evaluation of results, existence, causes, difficulties, entanging in development and housing management, land use planning and construction planning related to local housing development;

c) Identilocate the need for housing (quantity, type of house, total construction floor area); the demand for land area to build the housing types of each area on the site; in which the specific identification of the housing needs of the object groups needs to support improvement. Housing regulations at Article 49 of the Housing Law; the need for capital (state budget and other capital funds) to invest in housing;

d) Identilocate the housing developments (including the per capita housing area, only the minimum housing floor area, number, floor area at the new construction of each type of housing, housing quality and rural housing);

In urban areas, there must be a clear definition of the connection between housing development and the requirements for urban development;

e) The solutions to implement the program, which specifies solutions to the basis of local housing policy mechanisms, construction planning, land fund layout, and the investment form of building types of housing, scientific solutions, construction technology to reduce the development of housing and infrastructure. the cost of construction, the mobiles of capital, financial incentives, land, and the implementation of a policy of social housing support for each group of subjects, as defined in Article 49 of the Housing Law;

g) Progress execution and accountability of local authorities in the implementation of the program;

h) Other content is relevant.

3. Content planning content at 05 years and annually of the locality includes:

a) The location, the housing development area, the number of housing construction investment projects, the number of housing, the total area of building floor construction needs to invest in construction, which highlights the plan for 05 years and every year;

b) The rate of housing types (individual housing, apartment houses) needs to be built; in number, the area of building floor building in society needs to invest in construction for 05 years and annually, which highlights the area of the building floor in society for rent;

c) The determination of only the per capita housing area in urban, rural, and across the entire table; only the minimum housing area;

d) Define the land area for the construction of housing (commercial housing, social housing, housing resettlement service, housing housing) for 05 years and annually; the forms of investment building housing;

) Determining the source of capital for the development of housing types; the time of implementation of the implementation period 05 years and every year;

e) The way the organization performs and the responsibility of the relevant authorities of the local authorities in the deployment of housing development plans;

g) Other content is relevant.

4. In the middle of the semester, the end of the housing development program and when approval of the housing development plan for next year, the Provincial People ' s Committee must preliminary, evaluate the implementation of the program, plan and adjust the content, the only unfit. It ' s a reality.

In case of changing the country's home development strategy or changing local economic development planning, the Provincial People ' s Committee must reprogram the housing development program to program the People's Assembly. with the same level before approval by regulation at Article 169 of the Housing Law.

5. The commanders in the housing development program, including the only per capita housing area only, the minimum housing area, the number of housing, the total area of the new housing construction floor, housing quality in urban and rural must be put into the task. Local socioeconomic development and the need to assess the implementation of the end of this mission.

Article 4. Sequencing, program building procedure, local housing development plans

1. The procedure, the procedure for building the housing development program in 05 years and 10 years or longer of the locality is done as follows:

a) The construction of the construction implementation of the housing development program, which includes program content, budget forecasting, and plans to lease the program to build the program to report the approved Provincial People's Committee;

b) After the opinion of the proposed approval of the Provincial People ' s Committee, the Construction Department performs or hires the unit of capacity, experience in the construction of housing development programs to coordinate with the agency, the organization, the individual who is involved in the organization. The district, town, town, district, city of the province (later known as the District People's Committee) organized the survey, aggregation of figures, construction of the program draft and the report of the Provincial People's Committee for the opinion;

c) After the Provincial People ' s Committee gave an opinion on the program draft, the Department of Organizational Construction added, orthopedic, finishing the draft to the Provincial People's Provincial Committee of the same level through. For the central cities of the Central Committee, the Provincial Committee of the People's Provincial Committee must submit a unified opinion of the Ministry of Construction to the program's content before the assembly of the people of the same level.

d) The Provincial People's Council considered, through the local housing development program; after being approved by the People's Assembly, the Provincial People's Committee approved and organized the implementation of this program.

2. The procedure, the procedure to build house development plans for 05 years and the annual of the locality is done as follows:

a) On the basis of the local housing development program that has been approved by the Provincial People ' s Commission, the Construction Department performs or hires the unit of capacity, experience in the construction of the program, the housing development plan to coordinate the program. With local agencies, there is a housing development plan for five years, and every year for the approval of the Provincial People's Committee. The District People's Committee and its related agencies are responsible for providing information relating to the housing at the requirements of the Construction Department and in coordination with the Construction Department, the advisory unit to build housing development plans.

In the case of the planning content of state funding for housing development, the Provincial People's Committee must apply to the Council of People's Council on the same level as the plan to use capital prior to approval;

b) On the basis of a proposed plan for the building's housing development plan, the Provincial People's Committee reviewed, approved, and the organization implemented the implementation of the plan.

For the annual housing development plan, the Provincial People 's Committee must approve before December 31 of the year before the year of planning; for a five-year housing development plan the Provincial People' s Committee must approve before December 31 of the year. The end of the plan.

3. After approval of the program and the housing development plan, the Provincial People 's Committee must publicly post the program, the plan on the Electronic Information Portal of the Provincial People' s Committee and of the Construction Department, the Provincial People ' s Committee in charge of ... The plan for funding from the local budget to build a program, plans to develop housing in accordance with this decree.

The Ministry of Construction specifically instructs the funding to build the program, the local housing development plan.

Chapter II

HOME OWNERSHIP.

What? 5. The identification ID was owned by housing.

1. For the organization, households, domestic individuals when the procedure of issuing a Certificate of Use of the Land, Property Rights, and other property attached to the land (later known as the Certificate of Certification) is required to have the identification of the subject. regulation of the certificate level of the law of the land.

2. For the Vietnamese who settled abroad then there must be papers in accordance with the following regulation:

a) The case with a Vietnamese passport must be valid and there is an entry examination of the export management body, Vietnamese entry into the passport;

b) The case with foreign passports is required to be valid for the entry of the export management body, enter Vietnam into the passport and accompanying the certificate, and the Vietnamese nationality or certificate of Vietnamese origin due to the Department of Vietnam. The provincial capital of the provinces, the central city, the body of Vietnam in foreign countries, the governing body of the Vietnamese in foreign countries or other papers by the rule of the Vietnamese law.

3. For the organization, foreign individuals must have the identification of an object according to regulation at Article 74 of this decree; the case of foreign individuals with a certificate of identification as Vietnamese origin is only entitled to choose a subject applied to the Vietnamese. Southern settlement abroad or foreign individuals to identify home ownership in Vietnam.

What? 6. Level certificate for home owner

1. Organization, households, domestic individuals, Vietnamese settlers residing abroad, organizations, foreign individuals whose papers demonstrate a legal housing (compliance and form compliance) under the provisions of the Housing Law, the real estate business law. and the relevant legislation (including the housing-built housing scheme approved by the authority approved by the authorities in the planning projects at Section 17 of the Housing Law) and have a paper that proves that the object is owned by the prescribed house. at Article 5 of this decree, it is certified by the State Council to the housing.

For the Vietnamese who settled abroad without entry into Vietnam, which was given to or inherited from Vietnam, it was not recognized for the holders of the residence required by provisions of provisions 2, 3, 4 and 5 Articles 78 of Parliament. Hey.

2. For the individual housing built up from two floors up and at each floor is designed, built up from two apartments up in a closed-type (with its own room, private kitchen, toilet, private bathroom), which has a minimum floor area of each apartment from 30 m. 2 The House of Housing is certified by the State Department for every apartment in the house there; the owner of the lease, the lease, the lease, the lease, to inherit the apartment. Home to the organization, household, other individuals owned housing in Vietnam, the right to use land on this property is in the common use of purchased objects, for rent, to receive, inherit the apartment.

3. In addition to the contents of the certificate in accordance with the provisions of the law of the land, the certificate authorities also must record the following contents:

a) The information of the housing pursuer to the provisions of the third Article 3 of the Law of Housing;

b) The period of housing ownership and rights to be sold, given to, to inherit, which contributes to the housing party's housing agreement under the agreement in the contract purchase contract at a deadline for the specified case at Article 123 of the Housing Law or the date of the housing ownership of the housing. organization, the foreign individual in Vietnam by regulation at Article 161 of the Housing Law, Article 7 and Article 77 of this decree;

c) The case of social housing purchases by regulation at Clause 4, Clause 5 Article 62 of the Housing Law must write the deadline for which owners are entitled to resale the home in this society.

4. The procedure, the Certificate of Certificate for Household Owners, is carried out in accordance with the provisions of the land law; the owner of the housing construction project is responsible for the procedure of granting a certificate to the buyer, renting out housing; the buyer ' s case, rent. Home-to-voluntary housing, the investor must provide records and legal papers that are related to the buyer's house, the buyer for the buyer, to rent the housing.

What? 7. Home ownership deadline

1. The case of Housing Property at a specified deadline at Article 123 of the Housing Law is on the seller and the buyer of the specific agreement of the content, including the deadline for the purchase of the home ownership; the rights and obligations of the buyer during the housing ownership deadline; responsibility. registered and issued a Certificate of Certificate for the purchase; the table of the housing delivery attached to the right to use the land at and the recipient of the housing delivery after the expiration of the ownership; the processing of the Certificate of Certificates at the expiration of the ownership and responsibility of the parties in the implementation of the contract. Bought the house. In the time of the housing ownership, the buyer was certified by the State Department for housing there through the form of revoking the seller's Certificate of Certificate and issued a new certificate for the buyer or the addition to page 3 of the Certificate issued for the seller and the seller. Deliver this certificate to the buyer.

In the case of the buyer and the seller there is an agreement on the purchase of the right house to be sold, donated, to inheritance, to be purchased by housing during the time of the housing ownership, the party is donated, the party is donated, the side inherited, the recipient of which is owned by the household. The deadline for which the home buyer was first made a deal with the owner for the first time.

2. The foreign organization stipulated at the point b 1 Article 159 of the Home-owned Housing Law does not exceed the period of records in the Certificate of Investment Registration issued to that organization. When the expiration of the home ownership is in the Certificate in the Certificate, if the owner has the additional need to extend it is considered by the State, the further extension stipulated at Article 77 of this decree; the case of a Certificate of Investment Registration is not specified. The certificate for the owner to the owner is also recorded.

The case of foreign organization being bankrupt, dissolved or terminated prior to the time of residence ownership at this clause or was revoked by the State of Vietnam revoked the investment registration certificate or permit for operations in Vietnam, the processing of the state. This is done in accordance with Article 8 of Article 8 of this decree; the case in the time of the housing ownership that the foreign organization moves into organization in the country through the merger or transfer of capital under the rule of law, this organization is established. It's a long-term stable housing.

3. Foreign individuals stipulate at Point 1 Article 1 Article 159 of the Home Office are owned at a maximum of no more than 50 years, since the date of the certificate issued; when the expiration of the property is in the certificate, if the owner has a need for further extension, It is considered by the State to be reviewed by the State, further under regulation at Article 77 of this decree.

4. The case before the expiration of the housing ownership that the organization, the foreign individual sold or donated to the housing, the buyer, who was donated to the home ownership in accordance with the following regulation:

a) The case of sale or gift to the housing for the organization, household, domestic individual, Vietnamese settlement abroad, the buyer, recipient of the long-term stable housing ownership;

b) The case of sale or giving to the housing for the organization, the foreign individual being owned by the property in Vietnam, the buyer, the recipient, received only the housing ownership for the remainder of the year; when the rest of the ownership remain, the owner has a limited need. add it is considered by the State, the further extension stipulated at Article 77 of this decree;

c) The seller, the donor to the housing tax and financial obligations to the State of Vietnam by the provisions of the Vietnamese law.

What? 8. Processing for the case of expiration of housing ownership

1. The case of expiration of the ownership of housing in accordance with the agreement between the seller and the buyer party at the first time stipulated at Clause 1 Article 7 of this decree the ownership of housing and the right to use of the land is processed under the agreement of the parties in the purchase contract. For the first time; if the parties do not have an agreement on the handling of the housing, the ownership of the housing and the right to use the land is transferred back to the first-time home owner or the legitimate heir of the owner for the first time.

In the event that the first owner was the bankrupt organization, the dissolution or termination of the operation, the housing of the organization was dealt with by law on bankruptcy, dissolution, or termination of the operation and ownership of the housing was transferred back to the individual, the organization said. is owned by the rule of law on bankruptcy, dissolution or termination of operation; during the time of the determination of housing owners, the organization, the individual who is managing the housing is continued to manage and is not made available for sale, to rent, to give, to Inheritance, mortgage, lease, residence, residence, housing, housing, residence, residence, and residence are made for the 3-month period, since the date of the date of the owner's ownership.

The case of foreign organization revoked by the State of Vietnam revoked the investment registration certificate or permit for operations in Vietnam the owner had to sell, giving it to the housing property in Vietnam.

2. The case of home-selling parties at the first time stipulated at Clause 1 Article 7 of this decree does not have a deal on the processing of the certificate when the expiration of the housing ownership is granted the authority to grant the Certificate of Eyewitness Custody. has granted the object that owns the residence and reissued the Certificate of Identification for the object identified as the home owner for the first time specified in Clause 1; the case does not recall the certificate, the authorities have the authority to grant the certificate. The decision to destroy the certificate granted to the object that owns the house and reissued the certificate to the object identified as the first owner. The procedure, the procedure of issuing a certificate of regulation at this paragraph in accordance with the provisions of the law degree certification of the land.

3. Before the expiration of the deadline is owned by regulations at Section 2, Clause 3 Article 7 of this Decree (including the case is further extended under the regulation at Article 77 of this decree), the organization, the foreign individual directly or authorized to the organization. As a result, other individuals perform the rights of the sale, giving them their legal residence under the provisions of Article 4 of Article 7 of this decree. The case is too long to be owned by the owner, the foreign individual does not exercise the right to sell, to the housing in its own legal possession, the residence is owned by the State of Vietnam; the Construction Department is responsible for the task of the People's Committee. The province where there is a home in the board decides to establish a full-population ownership and conduct this house to perform management, lease, or sell by regulation of state-owned housing management.

In the event of an organization, foreign individuals were decided by the authorities of Vietnam to force the scene or to end the operation in Vietnam due to the use of their own property in violation of the regulations of Vietnamese law. dealt with the decision of the competent authorities of Vietnam.

Chapter III

HOUSING DEVELOPMENT

Item 1

HOUSING CONSTRUCTION INVESTMENT PROJECT

What? 9. The decision or approval of the investment project investment project

1. The organizations, individuals prior to the planning of a housing-building investment project in Clause 2 Article 17 of the Housing Law must either make a decision to decide or accept an investment in accordance with the provisions of this decree.

2. The case of investment building investments in the regulatory capital at Clause 3 Articles 36 and Clause 1 Article 53 of the Housing Law, the filing, sequence, procedure and authority that decides the investment decision is made under the provisions of the Public Investment Law; the presiding agency. The appraisal must be sent to the Department of Construction's opinion on the housing-related content of the central capital project, which sends the appraisal opinion of the Building Department, which has a project on housing-related content on the project using capital. It's local.

The case for the Minister of Construction decided to invest the investment in building housing under the regulatory authority of the Public Investment Law, the Department of Construction of the Appraisal before deciding to invest in investment.

3. The case of a housing construction is not part of the specified project at Clause 2 This but part of the project stipulated at Point A 1, Clause 2 Articles 31 and Point A 1, paragraph 2 Article 32 of the Investment Law, profile, sequence, procedure and jurisdiction decision. The investment initiative is made in accordance with the provisions of the Investment Law; the presiding authority must take the appraisal of the Ministry of Construction on the housing-related content if the project is decided by the Prime Minister to invest in investment, taking the appraisal opinion. of the Construction Department of the Content-related Content if the project is decided by the Provincial People's Committee to invest in investment.

4. The case of housing construction is not defined in Clause 2 and Clause 3 This but in the following areas the procedure must be made to submit the Office of Appraisal in order to present the Prime Minister to approve the investment:

a) The project has a scale of using land from 100 hectares or more than 100 hectares but has a housing number of 2,500 or more or more homes (including villas, individual housing, apartment apartments) in the non-urban area;

b) The project has a land use of land from 50 hectares or more or less than 50 hectares but has a housing number of 2,500 or more homes in the metropolitan area;

c) The project does not differentiate the size of the land area, the number of housing but of the administrative boundaries of many provinces, the central city.

5. The case of housing construction is not defined in Clause 2, 3, and 4 This but in the following areas the Provincial People's Committee must apply to the Council of the People to the same level before the approval of the initiative:

a) The project has a scale of land use from 20 hectares to less than 100 ha and has a housing number of less than 2,500 in the non-metropolitan area;

b) The project has a scale of land use from 10 hectares to less than 50 ha and has a housing number of less than 2,500 in urban areas;

c) The project does not differentiate the size of the land area, the number of housing but part of the historical development or development constraint area (defined in the planning schemes) of the special type municipality.

6. For the non-regulation case in Clause 2, 3, 4, and 5 This is the Provincial Committee of the Provincial People's Committee to approve the investment.

What? 10. Records, the sequence of the decision to decide or approve of the investment project investment project in

1. For the specified case at Clause 2 and paragraph 3 Article 9 of this Agreement, in addition to the proposed content of investing in accordance with the provisions of the law of public investment, the law of investment, the following:

a) The land area of the land, the farmland of the hedge, the common woodland needs to convert the purpose of use to make the housing construction project in (if any);

b) The ratio and number of housing types according to the unit in (apartment apartment, villas, individual housing); the total floor area of the housing construction;

c) The construction of engineering infrastructure, social infrastructure, area for public vehicles and for vehicles for households, individuals living in the project area;

d) The land area devoted to building social housing, housing for rent in accordance with the provisions of the Housing Law; the management or delivery method for the local engineering infrastructure of the project after the completion of the construction investment;

The responsibility of local government and the investment holder in the implementation of the project and the construction of the social infrastructure of the project, except for the case of the project area, has had social infrastructure work.

2. For the specified case at Clause 4, 5 and 6 Article 9 of this Decree, the proposed filing for investment approval includes:

a) The legal profile of the unit is delivered as the owner of the investment, including papers that demonstrate a real estate business function, legal status, paper-proof documentation, the investment holder's experience under the rule of law; the unselected case. The investment holder has a report on the form of investment choice and is expected to select the investment holder;

b) The proposed agreement to the chair of the housing construction project, which specifies the legal basis for approval; the proposed content stipulated in paragraph 2 Article 11 of this decree; the offer of approval and proof of internal compliance. The project with the program, the local housing development plan was approved;

c) The decision to approve the planning with the blueprint of the project area details the project has been approved by the authority of the authority;

d) Program content, local housing development plans have been approved in connection with the implementation of the project that needs to approve the investment.

3. The procedure, the procedure that approx the investment of the housing construction project at Clause 4, 5 and 6 Article 9 of this decree is implemented as follows:

a) The case of an intentional application of investment by regulation at paragraph 4 Article 9 of this decree, the Construction Department of the Building presided and had the Provincial People's Committee program to have the text recommended by the Ministry of Construction; if the project was to use the land, the land. The Forest Room, the land of the forest, is used by the Department of Natural Resources and the Environment Ministry. After the appraisal, the Ministry of Construction has the Prime Minister's proposal to approve the investment.

The timing of the appraisal and reporting of the Prime Minister approx of an investment initiative of 30 days, since the day the Ministry of Construction is full of records recommended by the Provincial People's Committee; the time the Ministry of Natural Resources and the Environment for the opinion (if any) is 15 days, since the date of the receiving of valid records;

b) The case of an initiative to be held in accordance with the provisions of Article 5 of Article 9 of this decree, the Department for the Construction of the Case is chaired by the Department of the Provincial People's Committee to report to the Council of the Council of the Council of the same before accepting the initiative. the investment;

c) The event of an intentional investment pursues to the provisions of Article 6 of Article 9 of this decree, the Construction Department of the Appraisal Building and has the Ministry recommended that the Provincial People's Committee issued an investment approx.

4. After a decision or written approval of the investment project investment project of the competent state agency, the Provincial People ' s Provincial Committee directed the deployment of the steps to be invested and implement the project under the rule of law.

What? 11. The decision content or written acceptance of the investment project investment project

1. For the specified case at paragraph 2, Clause 3 Article 9 of this Decree is outside the decision content that advocated investing in accordance with the provisions of Public Investment Law, Investment Law, competent authorities must also decide to add the name of the project in accordance with regulations. This point of paragraph 2 and the content stipulated at paragraph 1 Article 10 of this decree.

2. For the specified case at Clause 4, 5 and 6 Article 9 of this decree, the text content content of the investment approval includes:

a) The name of the project in Vietnamese, if a commercial housing investment project that the owner of the investment needs to be named in foreign languages, then must write the full name in the name of the Vietnamese and write the foreign language after it;

b) the name of the investment owner (if selected the owner);

c) The location, boundary, size of the land area of the project; if the land area is used, the land of the hedge, the common forest must specify the area that is converted to use;

d) The goal of the project; the investment form;

The main content of the project (work done, the number of each type of housing needs to be built, the total area of housing construction, implementation of the implementation);

e) Total investment; capital investment;

g) The method of giving land, land lease, transfer of the use of the land (if any); the land of the land for the building of the house of the house, the house to rent; and the floor of the floor of the building on the lease shall be for rent;

h) The investment infrastructure works are managed or transferred to the State after the completion of the construction;

i) Time and progress implementation of the project; the investment (if available);

l) The support mechanisms, the state ' s incentives for the project and the applicable conditions (if applicable); the responsibility of the investment holder, of the local government in the implementation of the project;

l) The validity timeout of the investment acceptance text.

3. The Ministry of Construction of the Sequencing Guide, the procedure of offering an investment approval, the proposed document template, and the document template approved for investment in terms of the provisions of the Decree 4, 5 and 6 Article 9 of this decree.

What? 12. Content project filing investment profile

1. Building investment projects in the provisions of the provisions at paragraph 2 Article 17 of the Housing Law have a convincing portion of the section:

a) The name of the project set to the stipulation at Point 2 Article 11 of this decree;

b) The necessity and the legal basis of the project;

c) The goal, investment form; construction site; project scale; the need for land use; the natural conditions of the project area;

d) The implementation of the solution: The compensation method, the free release, support, resettlement (if applicable); the method of using construction technology; the standard, the construction standard applicable to the project; assessment of environmental impact; fire prevention, treatment, and prevention. The fire; solutions of technical infrastructure and combat with the general technical infrastructure of the region; the ability to use the social infrastructure of the region;

Where for public vehicles and parking places for households, individuals who live in the project area after completing the investment of building housing (including bicycles, handicrave cars, two-wheel motor vehicles, cars);

e) The investment area that builds social infrastructure (kindergarten, school, health, service, sports, fun, entertainment, parks), except the area of the project area of the project has a social infrastructure work;

g) The number and proportion of housing types (including private housing, odd, apartment apartments), total floor area of housing construction; land area for building social housing or floor area at home to social housing (if available); product consumption (quantity). the sale, rental, or rental of the purchase);

h) The proposed mechanisms applicable to the project (on the planning, density of construction, finance and other mechanisms);

i) The total investment, investment capital, capital of capital raising, capital return capacity, capital recovery capacity;

) The state ' s responsibility for the investment of building engineering infrastructure beyond the fence and going through the project;

l) Time, progress execution progress (progress in each phase) and project management form;

m) The transfer works for the State do not reimbursate; the work or project area of the investment project is managed after the completion of the construction investment;

n) The organizational method of organizing management, mining operations and the work of work in the project (organizational model, operational management form, service fees).

2. For the basis of the basis of the basis of the investment project building on the provisions of the provisions of the Article 2 Article 17 of the Housing Law, the implementation follows the provisions of the law on construction.

3. The event of a housing construction on the land area is auced under the stipulation at Point A 1 Article 18 of this decree, then after the auction, the auction organization must implement, appraisal, approve, and implement the construction investment project. The House of Housing is under the provisions of the Law of Housing and Decree; the investing holder of the need for transfer of land rights in the form of a semi-fundamental form of land in this project must follow the provisions of the relevant law of land and law.

What? 13. Set up, appraisal and approve the housing construction investment project

1. For the investment project to build housing on a regulatory capital at Clause 3 Articles 36 and Clause 1 Article 53 of the Housing Law (except for the investment construction project in the Article 2 of this Article) the implementation, appraisal and approval of the law. the law on public investment and construction legislation; the Ministry of Construction has the opinion of appraisal of the contents of the housing if the project is approved by the Prime Minister, the Construction Department has the opinion of appraisal of the housing content if the project is approved by the Provincial People's Committee.

The case for the Minister of Construction approved a housing construction project under the regulatory authority of the Public Investment Law, the Ministry of Construction of the Organization for the Appraisal of the project prior to approval.

2. For the investment construction project in the public office, the implementation, appraisal and approval by regulation at Article 23 of this Decree.

3. For the investment project construction project not defined in Clause 1 and Clause 2 This is the setting, appraisal, and approval of the project implemented under the provisions of the legislation on construction.

4. For the provisions of the provisions specified in Clause 2, 3, 4 and 5 Article 9 of this Decree, unless the project is approved by the Ministry of Construction after approval of the project, the owner must send 1 project files to the Ministry of Construction to monitor, check.

What? 14. The investment construction project is in the form of construction-transfer.

1. The base to the construction planning has been approved by the authority for approval, the Construction Department is responsible for the portfolio of house construction investment projects in the form of construction-transfer (BT), including social housing, housing resettlement and identification of the facilities in the United States. BT investor selection conditions to report approved Provincial People's Committee, published publicly on the Electronic Information Portal of the Provincial People's Committee and of the Construction Department for investors to have qualified, registration capacity.

2. The investment of the housing construction project in the form of BT is stipulated as follows:

a) For the investment of housing construction in resettlement, the investment holder is specified in Clause 2 Article 38 of the Housing Law;

b) For the investment of building housing, the investment holder is regulated at Article 57 of the Housing Law.

3. The selection of BT investor BT projects the housing construction is done in accordance with the law of bidding if available from the 02 investors who are to be registered as the investment holder or execute in the form of an investment index if only one registered investor does the bidding. Your investment. The Construction Building presided over the staff of the Provincial People's Committee to implement the selection of the specified investment holder at this clause; the case of the project under the decision or approval of the Prime Minister's investment, the Committee of the Provincial People's Committee. making the Prime Minister the decision to decide or approve of investment before the selection of the BT investor.

4. After the results of the investor selection, the Construction Department reports the Provincial People ' s Committee considering to sign the BT contract or authorize the BT contract to sign the BT contract. The BT investor is responsible for organizing and presenting the appraisal authority, approving the 1/500 rate of details (for the case of the 1/500) project of the project, and the organization of the housing construction project for appraisal, approval. It is defined by the Article 13 of this decree.

5. After the completion of the investment construction and implementation of the BT contract under the BT contract, the BT investor is responsible for handing over the housing fund to the Construction Department for the implementation of management, exploitation.

6. Payment for the BT investor is carried out by the regulation of the existing law.

What? 15. Make a housing construction investment project

1. The Chair of Housing Construction Projects must comply with the provisions of the Housing Law, this decree and the legislation on construction when the implementation of the housing construction site.

2. The project investor must build a uniform system of engineering infrastructure, social infrastructure, and project progress has been approved; the case has to build social infrastructure work by decision to approve the project or by decision, text, and social media. approved the investment of the state agency's investment authority, which must be done in accordance with the right content, the progress of the project was approved and according to the approved text content.

What? 16. End of the investment phase building housing project

At the end of the construction investment, the owner of the housing construction project must make the following requirements:

1. Report the Building Building where there is a project on the outcome of the project; for a decision-building project in a decision-making or approved document of the Prime Minister's investment, the owner of the investment must submit additional reports to the Ministry of Construction.

2. Complete the records, documents that serve the archives under the provisions of the Housing Law, this decree and the legislation on construction.

3. Practice of the housing and engineering infrastructure process, the social infrastructure that serves the needs in the project under the rule of construction legislation.

4. The technical infrastructure and social infrastructure for local governments or specialized management agencies under the content of the project have been approved or implemented under approved text or decision-making. The user's housing assignment was made only after the completion of the housing process and the social infrastructure work that served the demand in the project content approved for use by law on construction.

5. Report the decision according to the regulation of the law on finance.

6. The procedure for the authority to offer the authority to grant a Certificate of Certificate to Housing within the scope of the project to the owner according to the provisions of the Housing Law, this decree, and the land law.

7. Coordinate with local authorities addressing the issues of administrative management in the area of the project.

8. The management organization operates non-handed works for local governments or specialized management agencies.

9. Do other jobs according to the rule of law.

What? 17. The individual housing area management in the investment building investment project. in

1. An investment holder is responsible for organizing the external architecture management of the individual housing and the use, maintenance of the technical infrastructure system, the social infrastructure that caters to the owners, who use the individual housing in the project in accordance with the content of the project. approved.

2. The investment owner can divide and name each individual housing area that is planned and built separately in the project to carry out management. For a social housing construction investment project, housing resettlement, the owner of the investment must be named in Vietnamese; for the commercial housing construction project, the naming of the project, the area in the project must comply with regulation at Section 3 Article 19 of the project. The Housing Law and it is specified in the decision or the document to approve the investment (if the property must either approve an investment) or must be approved by the Provincial People ' s Committee if it is not subject to a decision or acceptance procedure. It's a private investment.

3. After the housing was handed over and put into use, the investment owner was organized to establish the Board of Residential Housing in order to perform the management of the maintenance of the residential architecture of the housing, green tree care, flower gardens and maintenance of utility works or lower house systems. The engineering floor serves the housing sector, except for the infrastructure that has been handed over to the State or the State of the State for the investment of management, maintenance. The composition of the housing estate department includes the representation of the owners, who use the housing of that area and the investment owner (if any).

4. The owner, who uses the housing in the individual housing area to hold a meeting to unify the housing estate department (including the number, participation component), through the statute, the operational term of the self-governing board, the governing cabinet, the use of housing area, and the housing sector. decided to contribute funds to pay the money for the participants of the self-governing board and to serve the care of the green tree, the flower garden, the maintenance of the utility works for the housing sector there.

5. The organization of the House self-governing board at the first run by the owner is responsible for presiding over the implementation; the following organizations are responsible for implementing or authorized the owner of the organization, execution; the case of the owner, the historian. The only non-unionable housing, the owner of the housing sector, is responsible for the management of the housing area according to the approved project's contents.

6. The investment owner can support more funding to Ban the House of Commons in the care of green trees, gardens, and maintenance of utility works or engineering infrastructure services to the housing sector there. The implementation of the provisions of regulation at this clause is taken by the investment holder; the investment holder is not implemented, and the Board of the Other unit lease has the capacity to perform.

Item 2

COMMERCIAL HOUSING DEVELOPMENT

What? 18. The procedure, the choice procedure holder of the commercial housing construction project

1. The State of the State of the Land, which lease the land to build housing, makes the choice of the owner invested in the following regulation:

a) For the region that has made reparation, free-free discharge, the choice of the investment holder through the form of land-based rights auction; the time and process of the use of land used by the rule of land law and law on land and law. Auction.

The case for auction grounds in the area has been planned to invest in housing construction, organizations, individuals who participate in the land rights auction in the area must be eligible for a scheduled project investment in Article 21 of the Housing Law, Paragraph 2 Article 119 of the Law of Land and Law on the Business of the estate; the organization is met with the required bid, appraisal, approval and implementation of the project under the provisions of Articles 12, 13, 15, 16 and Article 17 of this decree;

b) For the region that has not yet performed compensation, the free release is the choice of the owner through the bid form if many investors are eligible under the provisions at Article 21 of the Registered Home Law in the investment holder; the case is only one. The investor is eligible for regulation at Article 21 of the House Law of Registered Participation. The Construction Department helps the Provincial People's Committee to hold bids for the investment holder of the regulatory housing project at this Point. The time and process of bidding the owner of the housing construction project is made in accordance with the rule of law on bidding;

c) The Provincial People's Committee is the competent body that decides to choose the owner of the investment in the case of regulation at the point a and point b.

2. The organizational case, the household, the individual with the right to use the land in the legal right, in accordance with the housing construction planning, the planning, land use plan that has been approved by the competent authority, has qualified as the prescribed investment holder at Article 21 of the Law. Housing and the need for residential construction, the Construction Building and the Provincial People's Committee report to the investor.

The time of choice for the investment holder is 30 days from the day the construction of the registry is registered as the investment holder.

3. The case of a representative project must have a written approval of the Prime Minister's investment in accordance with Article 4 of Article 9 of this decree, the Provincial People's Committee must formulate the Prime Minister's offer of written approval. The investment in accordance with regulation at Article 10 and Article 11 of this Decree before the implementation of the investment option; if the project is specified in paragraph 5 of Article 9 of this decree, the Construction Department must report to the Provincial People's Committee with written approval. It ' s an investment that ' s invested before making the choice of investment.

4. The Ministry of Constructs specific guidelines for registering as the owner of the investment, the process of selecting the investment holder stipulated at this.

What? 19. Signs of capital mobiles for commercial housing development

1. The signing of the capital mobiles to invest in commercial housing construction is only made through regulatory forms at Clause 2, 3 and 4 Article 69 of the Housing Law; the case of contract mobiles is not correct with the regulation at Article 68, Article 69 of the Exchange. House law and regulation in this Article is not recognized by law, the owner of the investment is subject to a violation by law and must pay the damages to the participants.

2. The signing of the capital mobiles for commercial housing development must comply with the following regulations:

a) The case of a contract of capital mobiles under the provisions of Clause 2 Article 69 of the Housing Law must meet the provisions, conditions under the provisions of the Housing Law and regulations at Section 3 This.

In addition to capital contributions, investment cooperation, business cooperation, joint venture, regulatory links at this point are only partied (by money or shares) on the basis of the proportion of capital that contributes to the agreement in the contract; the investment holder is not applied formalism. the capital mobiles specified at this point or other forms of capital mobiles to divide the housing product or to prioritiate, deposit, enjoy purchasing power at or to divide the rights of land in the project to the raised capital, except for capital donations. the new legal establishment to be appointed by the State of the State for the construction of housing projects;

b) The case of a purchase contract, rent, rent-to-hire in the future that returns the buyer's prepaid payment, rent, lease-to-home under regulation at Section 3 Article 69 of Housing Law must comply with the conditions and forms of purchase, rent, lease In the future, there ' s a law in the future under the law of real estate business.

The owner must have the text to the Building Department where the housing is accompanied by a paper-proof housing proof that is eligible for sale, for the lease stipulated at Clause 1 Article 55 of the Property Business Law; the case for whether or not the investment project is built or so. The house will be sold, rented, the owner of the investment must be deposited with the agreed proof sheet, or the receipt of the unity of the buyer, the buyer of the household, and the mortgage, and the mortgage on the non-solution, and the purchase, the rent, the housing, and the purchase. No mortgage or mortgage mortgage will be sold, for a subscription, the owner of the investment must record the commitment responsible in the text of the Construction Department.

In the 15-day period, since the date of receiving an investor's recommended profile, the Construction Department must check the profile; if the file has sufficient paperwork at this point, the Building Office must have a document announcing housing eligible to be sold, leased to the owner. If the file doesn't have enough paperwork, then there must be a written statement. The investment owner case sent the profile but too deadline stipulated at this point that the Construction Department does not have a notification text and the housing is eligible to be sold, to the lease, the owner is entitled to sign the purchase contract, lease the house to the city. the future but must be responsible for the sale, lease of the home here; the Construction Department must be responsible for the notice or no home notice of the housing notification being sold, leased after receiving the investment owner's offer.

The case after the Construction Department has the document to be eligible to be sold, to rent, but the owner does not sell, the lease for which the mortgage is, the sale, the rent, after the mortgage is done only when there is enough. event and has the announcement text of the Building Department as specified at this point;

c) The capital loan of the credit organization, the financial institution or the bond issue to raise the amount of capital that is missing for the construction of housing, must meet the conditions under the agreement in the capital loan agreement or by the regulation of the release. Bonds.

3. The raising of capital to investment building in accordance with regulation at Point 2 This must either pass a contract contract or contract investment contract or business cooperation contract; the investment holder is only signed on these contracts after the following is eligible after the contract. Here:

a) There has been an investment project record of housing construction approved under the rule of law;

b) The housing construction investment project made the release of the launch by the progress of the approved project;

c) There has been a boundary of the project's boundaries;

d) There was sufficient notice to be mobilized capital of the Building Building site. The owner of the investment must have a document accompanying the proof that it is eligible for a specified capital at the points a, b, and c.

For a 15-day period, since the date of receiving an investor's recommended profile, the Construction Department must check the profile; if the file has sufficient papers in accordance with this Point, the Construction Department must have a document announcing housing that is eligible to be invested in the investment. If the file doesn't have enough papers to prove enough, you have to have a written statement. The case has been eligible for capital raising at points a, b and c. But it is responsible for this capital mobilism; the construction department is responsible for the announcement or without the text of an informed consent of the capital mobiles after receiving the investment owner's offer.

4. Organization, individual mobiles that stipulate in Clause 1 and Clause 2 This must use the source of capital that has mobilized the purpose of building housing at that project; strictly prohibited employers from overtaking the amount of money purchased, renting out the front of the customer. according to the rule of law; the case of using a committed or appropriated capital target which has mobilized or mobiles beyond the amount of money purchased, renting a home in advance of the customer's advance must refund the amount of money that has committed the wrong amount, compensated. (if causing damage) and be sentenced to administrative violations by the rule of law on the execution of a administrative violation or to be prosecuted for criminal responsibility. according to the rule of law.

5. The Ministry of Construction is specific to the raising of the regulatory capital at Clause 2 and Clause 3 This.

Section 3

PUBLIC HOUSING DEVELOPMENT

What? 20. Home Development Plan

1. The establishment and approval of the planned home development plan is made in accordance with the provisions at Clause 3 Article 27 of the Housing Law.

2. Content planning content includes the identification of the type and number of housing (individual housing, apartment apartments); the total area of housing use; construction site and land area for investment building in or number, type of commercial housing, and housing construction. need to buy, hire to make house in the service; capital, capital of capital to invest in building or buy, rent in commercial housing as a service housing; annual investment and 05 years; envisage the progress of planning; determining the responsibility of the principal organs. Coordination and coordination.

3. The central agencies stipulate at the Section A 3 Article 27 of the Housing Law which is responsible for determining the need for a home-based service by the Ministry of Construction and sending the Department of Appraisal; after the appraisal of the home needs of the central organs. The Construction Department of the Construction Building plans to report the Prime Minister to the public.

4. The Ministry of Defense, the Ministry of Public Security is responsible for planning the home development of its unit and sending the unified opinion of the Ministry of Construction. After the unanimous opinion of the Ministry of Construction, the Ministry of Defence, the Ministry of Public Security reported the Prime Minister to approve the plan.

5. For the local area, the Construction Building, in collaboration with local authorities building plans for home development plans to present the approved Provincial People ' s Committee in the local housing development plan or approx plans for the local government. develop a home in its own business and report the Ministry of Construction to sum up.

6. The Ministry of Building Specific Guidelines, the procedure that determines the need for home housing and the approval of a public housing development plan.

What? 21. The investment form of building housing

The state directly invested in budgetary capital, including the central budget and the local budget for investment building in the service or buying house in commercial housing.

The deployment of capital from the budget to investment in construction or purchase of commercial housing as a home-based commercial housing development plan, the investment project building or buying a commercial housing business for home in the service was approved by the authority. In accordance with the laws of budget and public investment.

What? 22. The procedure, procedure of selecting the home of the home construction project in

1. The case of a job-building investment project in the office approved by the Prime Minister to give the subject of the tenant central authority (excluding the stipulated object at Point 32 of the Housing Law) then the Ministry of Construction proposes the unit as the investment holder for reporting. The Prime Minister decides.

For a maximum period of 30 days, since the date of the adoption of the Ministry of Construction, the Prime Minister has the text of the decision to choose the owner of the investment or authorization for the Ministry of Construction implementing the choice of the project capital.

2. The case of an investment project building at the Ministry of Defense, approved by the Ministry of Public Security to give the subjects the regulation at Point 1 Article 32 of the rented Housing Law, the Ministry of Defence, the Ministry of Public Security, decides to choose the investment holder.

For a period of 30 days, since the date of receiving the registration of the registry as the investment holder, the Minister of Defense or Minister of Public Security has the text of the decision to choose the investment holder.

3. The case of a job-building investment project, approved by the Provincial People's Committee, makes a choice for the owner in the following regulations:

a) The Construction Department reports the Provincial People ' s Committee to decide whether the investment holder or authorization for the District People's Committee decides to choose the investment holder if it is the case for the Provincial People's Committee to authorize the District People's Committee to approve the project;

b) In the maximum period of 30 days, since the date of the adoption of the Building of the Building, the Provincial People's Committee must have the text of the decision to choose the investment holder or authorization of the District People's Committee to issue a decision to select the investment holder; in the period For a maximum of 30 days, since the date of receiving the authorized text of the Provincial People's Committee, the District People's Committee must have the text of the decision to choose the investment holder of the housing construction project.

4. Chairman of the house construction project in Clause 1, Clause 2 and Clause 3 This may be the organization, state agency or the real estate business business.

5. The Ministry of Case-Specific Guide to the Case and the process of selecting a registered real estate business as the owner of the project's housing construction project.

What? 23. Set, appraisal, approval of the investment building project in public

1. The investment project building housing is established, appraisal and approval under the provisions of the Housing Law, this decree and the legislation on construction.

2. For the project the Prime Minister decides to invest in accordance with the regulation at Point A 2 Article 28 of the Housing Law, the Ministry of Construction of the Organization of Government, appraisal and presentation of the Government of Government approx; the case is authorized by the Prime Minister. approved by the authority of the Prime Minister.

3. For the project by the Ministry of Defense, the Ministry of Public Security decides to invest in accordance with the regulation at Point 2 Article 28 of the Housing Law, the Ministry of Defence, the Ministry of Public Security, established, appraisal and takes the uniform opinion of the Ministry of Construction before reporting the Prime Minister. Okay. After the Prime Minister agreed to approve the Ministry of Defense, the Ministry of Public Security approved the project.

4. For the project by the Provincial People's Committee to invest in accordance with the provisions at Point 2 Article 28 of the Housing Law, the Department for Building the Organization, the Appraisal, and the Provincial People's Committee approve.

The case of building housing for rental layout for the subject is to be moved, alternated to work at the county level, district, town, provincial city, subject to regulation at points c, e, e and g 1 Article 32 of the Housing Law, the People's Committee. The province may authorize the Committee of the People's Committee to approve the project.

What? 24. Buy a home in commerce for home at work

1. The case on the site does not have enough housing funds at the site where commercial housing is built under the project, quality assurance under the law of construction, in accordance with the type of house and the standard of public housing, the agency has regulatory authority. At paragraph 2 Article 28 of the Housing Law can be purchased here to serve as a home in the service.

2. The purchase of the commercial housing business to make the home in the service is regulated as follows:

a) The case of use of housing for the object of the chartered central bodies (except for the regulation subject at Point 1 Article 32 of the Housing Law) then the Department of Construction, in coordination with the Ministry of Finance of the project to report the Prime Minister approv. currently approved if the Prime Minister is authorized by the Prime Minister;

b) The case of using the housing for the specified object at the Point of Clap 1 Article 32 The office is leased, the Ministry of Defence, the Department of Public Security, takes the unification of the Ministry of Construction, the Ministry of Finance, Ministry of Planning and Investment before the Prime Minister. approved; after the approval of the Prime Minister ' s approval, the Ministry of Defence, the Ministry of Public Security approved the project to buy housing;

c) The case of using the housing for a tenant's object, the Construction Building, in collaboration with the Department of Finance and reports of the Provincial People's Committee, decided to approve;

d) The project content to buy a home in commerce to house housing includes location, location, type of housing, the number of housing, the use area of each housing type, housing purchase prices, relevant costs, the source of housing, the affordable payment method of housing, The contracting agency for the housing sale, the agency is responsible for managing the housing after purchasing, the responsibility of the relevant authorities in the project implementation.

3. The procedure, the procedure to purchase the home in the commercial for home in the service is done as follows:

a) Based on the content of the approved housing purchase project, the agency was assigned as the project owner to implement the contract purchase contract at with the owner of the commercial housing construction project; the signing of the housing purchase contract was made in accordance with the regulation of housing. purchase of commercial housing;

b) Based on the signed home purchase contract, the owner of the commercial housing construction project is responsible for the delivery of the housing and providing legal records relating to the buyer's house for purchase;

c) After the delivery of the housing desk, the owner of the housing project at the job implementation of the management, leasing under the provisions of the Housing Law and the Protocol;

d) The head of the commercial housing construction project is responsible for the procedure to offer the authority to grant a certificate authority to the housing purchase; the case stipulated at Section 2 This the Department of Construction is named in the certification. This is the Ministry of Defense to be named in the certificate of the Ministry of Defense, the Ministry of Public Security, the Minister of Public Security, and the Ministry of Public Security, the Ministry of Public Security, and the Ministry of Public Security. 2 This represents the name in the Certificate as the Provincial People's Committee or the Construction Department (if granted by the People's Committee of the People's Provincial Committee).

The procedure, the procedure for issuing certificates to the regulatory authorities at this Point is carried out in accordance with the laws of the land.

What? 25. Rent a home in commercial housing

1. Trucuy on the site has not yet had enough funds at the service to lease that there is a commercial housing guarantee, in accordance with the type of house and the standard of public housing, the authorities have the authority stipulated at paragraph 2 Article 28 of the Housing Law can be employed. The house is here to work at the service.

2. The lease at the commercial home to make a home in the work is done as follows:

a) The case of using housing to give the object of the central authorities rent (except for the stipulation of the stipulation at Point 32 of the Housing Law) then the Department of Construction, in coordination with the Finance Ministry reports the Prime Minister review, decided;

b) The case of using housing to give objects stipulated at the Point of Clause 1 Article 32 The office of rent is the Ministry of Defence, the Ministry of Public Security takes the unification of the Ministry of Construction and the Ministry of Finance before the Prime Minister approx; after having an opinion approval of the Prime Minister ' s Office of Defense, the Ministry of Public Security decided to rent housing;

c) The case of using housing for local subjects hired, the Construction Building, in coordination with the Finance Department reported the Provincial People's Committee to decide;

d) The content of the proposed commercial housing lease to house housing includes location, location, type of housing, the number of housing, the use area of each housing type, housing rent, lease duration, related expenses, capital funds to rent housing, infrastructure, and infrastructure. There is a responsibility for payment of rent, the contracting agency, and the implementation of the housing management after rent.

3. On the basis of an approved agency ' s approval basis at paragraph 2 This, the agency that is assigned the agency here performs a commercial housing lease with the owner, then sign the lease on the lease with the tenant at the service and the lease. to be responsible for the management of this house. The signing of a housing lease with the owner is made in accordance with the commercial housing lease regulations; the signing of the lease again with the hired house in the service is carried out in accordance with the Department of Construction.

Section 4

HOUSING DEVELOPMENT TO SERVE RESETTLEMENT

What? 26. The investment form of building housing to serve resettlement.

The investment of housing construction to serve resettlement is done through the following forms:

1. The state directly invitorated by capital provisions at Clause 3 Article 36 of the Housing Law to build housing or buy a home in commerce to serve as a resettlement.

2. The state of investment building houses through the form of construction-transfer (BT) by regulation at Article 14 of this Decree.

3. The investment of the commercial housing construction project or the industrial sector infrastructure project implementing the housing construction investment in order to serve resettlement by regulation at Clause 3, Section 4 Article 35 of the Housing Law.

What? 27. The owner of the project to invest the housing construction project to serve resettlement

1. The owner of the housing construction project to serve resettlement is the regulatory organizations at Section 2 Article 38 of the Housing Law.

2. The selection of the owner of the housing construction project to serve the resettlement is regulated as follows:

a) For the housing construction investment project using the prescribed capital at paragraph 3 Article 36 of the Housing Law in order to serve the project, the national important work, the Ministry of Construction proposes the unit as the investment holder and reports the Prime Minister to decide or authorize it. for the Minister of Construction to decide the choice;

b) For the housing construction investment project using the prescribed capital at paragraph 3 Article 36 of the Housing Law, but not under the regulation at this point, the Construction Department proposes the unit as the investment owner and report the Provincial People's Committee to decide the choice. select;

c) For the housing construction investment project using other capital sources that are not the source specified in Clause 3 Article 36 of the Housing Law but the stipulation in paragraph 3 Article 26 of this Decree is the investment of the commercial housing project or infrastructure project. The industrial zone is a project investment owner; in other cases, it makes the choice of owners in the form of bidding. The investment of home construction in the form of BT makes the choice of the master invested in regulation at Article 14 of this decree.

3. The case of selecting a real estate business business as the owner of the housing construction project in the resettlement period, the registration profile as the investment holder is prescribed as follows:

a) For the investment project building in the regulatory capital at Clause 3 Article 36 of the Housing Law, the registry of the investment holder is applied as for the case of the principal choice of housing construction projects;

b) For the investment construction project by other capital that is not the source of capital in paragraph 3 Article 36 of the Housing Law, the registry of the investment holder is applied as for the case of the principal choice of housing construction projects.

4. Presentation, the procedure of selecting the home of the housing construction project in the resettlement is regulated as follows:

a) For the specified case at Point A paragraph 2 This is the Department of Construction of the Registration Profile as the head of the investment and reports the Prime Minister to decide whether to choose or authorize the Building to decide the choice;

b) For the specified case at Point 2 Article 2 This is the Department of Registered Registration Records as the head of the investment and report of the Provincial People's Committee to decide the choice;

c) For the specified case at Point 2 This is that the choice through the form of bidding is made in accordance with the regulation at point b 1 Article 18 of this decree; the case of building housing in the form of BT is executed by regulation at Article 14. of this decree;

d) The timing of the specified holder of the specified investment at the point a and that b Point is a maximum of 30 days, since the date of the receiving of valid records; the specified case at this rate is the time the time is taken by the law of bidding (if the bidding organization) or according to the BT investor selection (if the option is in the BT form).

What? 28. Buy a home in commerce and use social housing for resettlement layout.

1. Buy a home in commerce and the use of social housing to serve as a resettlement in the resettlement of Article 35, Article 39 of the Housing Law and the compensation, support, resettlement has been approved by the authorities.

2. The case in the area must use a commercial housing to serve as a resident resettlement in Clause 1, Clause 2 Article 35 of the Housing Law is as follows:

a) The unit assigned by the State in the service of resettlement is responsible for determining the position of a commercial housing investment project that needs to buy and exchange with the owner of the housing purchase option; on the basis of exchange with the investment owner, the unit is assigned repetition. The plan to establish a housing purchase method, which highlights the legal profile of the investment project building housing, location, number, area of each type of housing, expected to buy, advance the table, and report the Construction Department if there is a project.

In the 30-day period, since the date of receiving the proposal text of the unit is assigned resettlement accompanied by the project ' s housing purchase and legal profile, the Construction Department has the responsibility of presiding, coordination with the financial, resource and environmental authority of the project. the local appraisal for the Provincial People's Committee to approve the methodology;

b) The purchase price in commerce for resettlement layout is defined on the basis of market price reference at the time of the purchase, including money using the land; the case of the presiding and coordination agency that is not unionable in the housing price range is possible. hire a unit with an independent price appraisal function to charge; the cost of renting a unit appraisal is charged on the business of purchasing business housing regulations in this paragraph;

c) In the 15-day period, since the day the Provincial People ' s Committee approved the housing purchase method, the unit assigned resettlement by the State of the State to sign a housing purchase contract with the owner of the commercial housing construction project under regulation at Article 50. The 41 of the Law of the House;

d) After the signing of the housing purchase contract, the unit was settled by the State for a resettlement of the household, the individual of the resettlement was resettling on the signing of the purchase contract at the stipulation at Article 31 of this decree.

3. The case of using social housing to resettle in accordance with regulation at paragraph 1, paragraph 2 Article 35 of the Housing Law is done as follows:

a) A resettlement has a need to buy, rent, rent-to-house social housing, must be able to make a purchase of the need for purchase, rent, or lease of housing, to the People's Committee on the residence;

b) The district-level civil rights committee is responsible for testing, confirming the unattended by the housing compensation state, the land at the single and aggregation of the list of people with the need for resettlement of the Department of Construction for a sweep, inspection;

c) After the examination, the Department of Construction established a list of households, eligible individuals to be purchased, hired, rented out of social housing and had the bill to recommend the Provincial People's Committee approved the list; base on the social housing supply on the site and the need for use. the social housing of the resettlement, the Provincial People ' s Committee decided to approve the list;

d) Based on the household list, the individual was approved by the Provincial People 's Committee, the Construction Department sent this list to the District People' s Committee to inform the households, individuals, and simultaneously have the document offering the owner of the housing construction project. The society imples buying, renting, or renting houses at the needs of the household, the individual is listed on the list.

4. The signing of the contract and the exchange of houses in commerce or social housing for the service of resettlement is carried out by regulation at Article 31 of this Decree.

What? 29. Capital for housing development to serve resettlement

1. The raising of capital for housing development to serve resettlement is carried out in accordance with the prescribed forms at Article 72 of the Housing Law.

2. The case of housing development is provided by the source of capital at Section 3 Article 36 of the Housing Law, the deployment of capital is carried out in accordance with the rule of law on public investment and state budget legislation.

3. The case of home development in the form of BT is executed by regulation at Article 14 of this Decree.

4. The case of capital mobiles from the compensation, which supports resettlement when the State of the State recituate the land is done by the rule of the land law; if the capital raising from the Fund for the Development of the Land is determined by the Provincial People's Committee.

5. The case of capital mobiles through the form of capital, investment cooperation, business cooperation, joint venture, the parties must either sign a contract of capital or contract for investment or business cooperation contract; the party contributes capital to other contracts. The copper is only divided (by money or shares) on the basis of the proportion of capital that contributes to the agreement in the contract, except for the case of equity holders, investment cooperation, business cooperation to destroy housing and investment building investment. Resettlement pursuits to the provisions of the House Law and the law of renovation, reconstruction of the apartment building.

6. The case of state-funded state from the budget to invest in building or purchasing housing in resettlement serves as follows:

a) On the basis of the compensation method, support, resettlement was approved by the competent authority, the Department of Allocation Planning and the progress of housing supply to each housing project in resettlement, including the case of resettlement layover to carry out a settlement. The national key project on the site and the report of the People's Committee of the Provincial Committee.

b) The base of the resettlement house allocation plan has been approved and recommended by the investment holder, the competent authority to determine the advance of capital from the local budget source for the investment holder to implement the project;

c) The investor of housing projects in resettlement is responsible for reimbursable local budgets through the sale, leasing of housing to households, the individual of the resettlement or deduction on compensation, support, resettlement of the local government, and the government. The family, the individual, when the State recovered the land and dislocated the housing for 60 days, since the day of the sale, the lease for housing, or the date was granted compensation for resettlement.

Chapter IV

MANAGEMENT, HOME USE

Item 1

MANAGEMENT, USE OF HOUSING RESETTLEMENT

What? 30. Subject, lease conditions, rent, purchase of residence in resettlement service.

1. The subject of a rented, purchasing, housing purchase to serve resettlement includes:

a) Household, individual housing legal housing was dissolved when the State revoked the land to carry out the project for defence purposes, security, national interest, public interest under the planning authority approved by the authority;

b) The household, the individual was taken by the State of the State to stay with the housing and had to move the accommodation but not eligible to be compensated for the land at the rule of law on land and nowhere else;

c) The household, the individual, is the owner of the apartment, which has to be demolished to renovate, reconstruct as stipulated at Article 110 of the Housing Law.

2. The condition of being hired, rented, purchased housing to serve the resettlement is regulated as follows:

a) The case of the specified object at Point a and B Point 1 This has the need to buy a home in commerce or rent, buy, buy housing in the resettlement service by the State of the Investment, be named in the list of resettlement and resettlement. Often, support, resettlement has been approved by the authority and has a petition to recommend housing resettlement by the Department of Construction;

b) The case of the specified object at point a and point b 1 This has the need to rent, rent, buy housing in society, and the name on the list is resettled by the compensation, support, resettlement has been approved by the authorities. The application of housing resettlement in social housing, issued by the Department of Construction and of the House of Housing,

c) The case of the specified object at the Point of Clause 1 This is to be settled in resettlement by regulation at Article 115, Article 116 of the Housing Law and the law of renovation, reconstruction of the apartment house.

What? 31. Presentation, rental procedure, rent, purchase and delivery of housing in the resettlement service

1. The case of commercial housing in accordance with regulation at Point A 1 Article 41 of the Housing Law is done as follows:

a) The unit assigned by the State of the State in the resettlement of the resettlement of the contract for the sale of the housing market with the owner of the commercial housing construction project; the signing of the housing purchase contract was made by regulation of commercial housing purchases;

b) In the 10-day period, since the date of the signing of the home purchase contract with the investment holder, the unit assigned by the State to the resettlement of the resettlement must have a notification text for households, the individual belonging to the resettlement by regulation at Article 30. of this decree and directly sign the purchase of the housing market with these objects;

c) The base of the housing purchase contract has signed with the investment of the commercial housing construction project, the unit assigned by the State for the resettlement of the resettlement responsible for receiving housing from the owner of the investment and handing over to the household, the individual buying the housing or commission. the rights to the owner of the project to build houses in trade for housing buyers. The delivery of the housing is made in accordance with the agreement in the contract, when there is sufficient provision for the delivery table at the stipulation at paragraph 4 Article 16 of this decree, the regulation of the real estate business law and must be established with an accompanying margin. The legal papers are related to the buyer's house.

2. The case of commercial housing in accordance with regulation at the point b 1 Article 41 of the Housing Law is done as follows:

a) The unit assigned by the State in the service of the resettlement of the contracting resettlement contract with the owner of the commercial housing construction project;

b) In the 10-day period, since the date of the signing of the order, the unit assigned by the State of the State in the resettlement of the resettlement must have a notification text for households, the individual of the designated resettlement under the provisions at Article 30 of this decree. The contract for the purchase of the housing market with the owner of the commercial housing construction project; the signing of the housing purchase contract was made in accordance with the Department of Construction;

c) Based on the signed housing purchase contract, the owner of the commercial housing construction is responsible for handing over housing to the household, the individual buying the housing. The delivery of the housing must follow the agreement of the contract, when there is sufficient provision for the protocol at the stipulation at paragraph 4 Article 16 of this decree, the regulation of the real estate business law and must be established as an accompanying margin. It's legal in relation to the buyer's house.

3. The case of social housing use to house resettlement is based on the announcement of the District People ' s Committee as stipulated at Section 3 Article 28 of this decree, households, individuals who are resettled directly contracting the lease, renting. buy, buy a housing sale with the owner of the project to build a house in society. The delivery of the housing was made under the agreement of the contract, stipulated at paragraph 4 Article 16 of this decree and must be established with the confirmed receipt of the unit assigned by the State to the resettlement service with legal papers available. Business-related business, rent.

4. The case of buying, renting, renting housing in the resettlement of the House of Housing, the household, the individual named on the resettlement list under the compensation, resettlement has been approved by the authorities with the authority to approve the signing. The contract for sale, rent, or rent is on the owner of the housing construction project; this housing delivery is done under the agreement in the contract, when there is sufficient housing table conditions under regulation at paragraph 4 Article 16 of this decree and must be established. It is compiled with legal papers that are related to the house in the purchase, the purchase.

5. The case of home deployment in resettlement in paragraph 3 and Clause 4 Article 35 of the Housing Law is based on the compensation, support, resettlement approved, household, and individual resettlement of the housing purchase contract. With the head of the project. The signing of the housing purchase contract was made in accordance with commercial housing purchase regulations; the delivery of the housing was made under the agreement in the contract, when there was sufficient housing table conditions under regulation at paragraph 4 Article 16 of this decree, attributable to the agreement. The law of the real estate business law and must be established in the form of legal documents relating to the sale of the seller.

6. Chairman of the planned housing construction project at Clause 1, 2, 3, 4 and 5 This is responsible for the procedure of making the agency offer the authority to grant certificates to households, individuals who have purchased, hired homes in the resettlement service, except for the case of a household. A voluntary, voluntary procedure, the procedure of issuing a certificate is made by the law of the land.

7. The Ministry of Construction regulates the purchase of the purchase, rent, lease of housing to serve the resettlement stipulated at point b 1, Clause 2, 3 and 4 This.

What? 32. Buy, rent, rent in resettlement service

1. The family of households, resettled individuals who have a need for housing to be invested in construction by the project to serve resettlement or purchase at commercial housing to house resettlement, the home sale price is determined in the compensation method. Usually, support, resettlement has been approved by authority.

2. The household case, the resettlement of a resettlement with a need for rent, renting a home in the resettlement served by the State of Investment or by the State Purchase to lease, the lease, the rent, the housing purchase was determined in the direction of the Ministry of Construction. Set,

3. The family of household, individual resettlement individuals with a need to use social housing to house resettlement costs, rent prices, rent rents, which are determined by regulation at Article 60, Article 61 of the Housing Law and the rule of law on the property. management, using social housing.

What? 33. Manager, use of redefined housing

1. The management, the use of the housing resettlement is specified as follows:

a) The owner of the residence in resettlement is responsible for the management, operation and maintenance of the housing of its possession according to the provisions of the Housing Law, this decree and the relevant law;

b) For the apartment house, it must comply with regulatory regulations, use of the apartment house; the owner must pay the maintenance fee of the condomy part of the apartment under the provisions of the Housing Law and this decree, which encloses the management of the management of the apartment. and the costs of using the service by agreement with the service provider;

c) For the state-owned housing, it is required to comply with the rules at Chapter V of this decree; the case is that the social housing is also subject to regulatory regulations, social housing;

d) For housing in rural areas, protect the sanitation, environment, fire department, fire prevention; compliance with regulations on cultural life, residential community civilisation, maintenance management, maintenance of regional engineering infrastructure works where housing is located.

2. The exploitation of business, the service in the apartment house serving resettlement is regulated as follows:

a) The case of buying a number of apartments or some floors in commercial condomes to make house resettlement is a priority for the household, the resettlement individual is mined part of the business area, the service in that condomy house (if any) through the form. Auction if these objects have a bid price to rent with the bid price of other objects in that condomy;

b) The case of building the apartment building for resettlement layout then the owner of the investment must spend a minimum of a third of the business area, the service of that condomy house to households, the individual who is resettled to rent (if there is demand) through the auction in principle. declare, transparency in order to create food, jobs for households, this individual; the funding is from business activity to the entire portion of the service business after subtracing the reasonable business costs, the Provincial People ' s Committee is used in business. This fee to support the general ownership maintenance budget and to support a portion of the funding for the management management work in the service of the resettlement on the site;

c) The management, operation of the specified housing at Point a and This B Point is carried out under the Management Regulation, using the apartment house issued by the Ministry of Construction.

Item 2

MANAGER, USE THE HOUSE.

What? 34. Classification and management, use of villas

1. The mansion is divided into the following three groups:

a) The villa group a villa is ranked by the historical, cultural, statutory estate of cultural heritage; the villa has a typical value on architecture, the ancient house appointed by the Council at Clause 2 Article 79 of the Law Housing Law and the list to be established. The People's Committee of the Provincial Committee approved;

b) The second group villa is a non-rule villa at this point but has a value in the art of architecture, history, culture due to the Council of Regulations at paragraph 2 Article 79 of the Law of Housing and List of Provincial People's Committee. Browse.

c) The third group villa is a non-defined mansion at Point a and point b.

2. The management, use and maintenance, renovation of the villa house must secure the following principles:

a) Compliance with the provisions of the Housing Law; the case is that the state-owned housing also must implement regulatory regulations, use of state-owned housing; the case is home to the value of art, history, culture must comply with the rules of the state. of the law of cultural heritage management;

b) For the first-group villas to remain in the shape of an external structure, internal structure, construction density, number of floors and height;

c) For the second-party villas to keep the architecture outside;

d) For a third-group villas, in accordance with the provisions of the law of planning, architecture, and law on construction.

What? 35. Serious offenses in management, use of condomiers

1. Using an operating management budget, the budget maintenance funding is not the correct regulation of the Housing Law, this decree, and the Management Regulation, which uses the apartment house by the Department of Construction.

2. permeability, leaks; excessive noise of regulation of law or discharge of waste, sewage, emissions, untrue toxic substances regulation of environmental protection or non-proper internal governance, use of condomiers.

3. Breeding, drop cattle, poultry in the apartment complex.

4. Sơn, decorum outside the apartment, apartment building is not right about design, architecture.

5. Self-conversion of the utility, the purpose of using the common ownership, general use of the apartment house; the intent to transform the function itself, the purpose of using the area not to be in a mixed-purpose apartment compared to the approved or already approved design. It was approved by the authorities.

6. prohibit the business of the professions, the following goods in the area used for the business of the apartment house:

a) The explosive material and the occupational hazard to life, the property of the user, according to the law of fire, fire;

b) The weapon business; repair of motor vehicles; slaughter of livestock; other polluing service activities according to the law of environmental protection.

In the case of restaurant services, karaoke, bars must guarantee soundproof, compliance requirements, fire fire, shelter, and other business conditions under the law.

7. Implemonation of other serious offenses related to management, using the condomiers prescribed at Article 6 of the Housing Law.

What? 36. The business desk maintenance of the joint ownership share of the apartment has many owners.

1. The buyer, the employer, has to close a 2% share of the general ownership of the general in accordance with provisions at Article 108 of the Housing Law; this funding is calculated before taxes to submit (the state does not collect taxes on this budget). The owner of the investment must open a payment account at a credit organization operating in Vietnam to receive the maintenance money issued by the buyer, hire an apartment or other area in the apartment house; upon opening the account, the investment holder must record the account name as money. You know, sending out the apartment maintenance budget in the form of a term.

2. The investment owner must first record an open account in paragraph 1 This Article in a purchase contract, lease for an apartment or other area in the condomuits with the customer (including account number, account name, and credit organization name). This paragraph); the buyer, pre-purchase, before receiving a home delivery must submit 2% of the maintenance funding under the specified account in this contract, or submit to the investment holder to move into the account that has been in the contract; if the investment owner does not collect this fee And yet they ' re still handing over apartments or other areas in the apartment to the buyer, and it ' s rented out, and it ' s a 2 percent budget.

3. For the portion of the home area that the owner retains neither sold or unsold, has not yet leased the purchase at the time of the acquisition of the entire apartment in use that the property must submit a 2% maintenance charge for the General House Board of Directors (later known collectively) is the Board of Directors) as defined by the Law of Housing, the investment holder must transfer this number of funds to the specified account at Clause 1 Article.

4. After the Board is established and has a written request for the maintenance of the maintenance budget on which the investment holder is on administration, the investment holder and the Board of Uniform rules the accounting for maintenance of maintenance costs; the base on the number of decisions made by the two sides. First, the owner of the investment is responsible for the transfer of the maintenance charge of the right of the right to the transfer under the rules of the house to the Management Board through the form of the transfer. The way to set up the Board's maintenance management account and the procedure for the maintenance of the general ownership of the apartment building to the Board is implemented under the Management Regulation, using the apartment building issued by the Ministry of Construction.

After the maintenance of the maintenance budget for the House Board of Directors, the owner of the investment must have a written report for the Building Building where the condomiers know to follow.

What? 37. The procedure of forcing the exchange of funding maintenance of the common ownership of the apartment

1. The event of an investment holder not to deliver the maintenance funding under the regulation at Article 36 of this decree or the incomplete table, not due to the stipulation, the settlement is as follows:

a) The board has the text of offering the Provincial Committee of the Provincial People where the House of Representatives requires the owner of the exchange of funds to maintain the common ownership of the apartment by regulation at Article 36 of this decree;

b) In the 15-day period, since the date of receiving the text of the Board, the Provincial People ' s Committee is responsible for review, examination; if the parties have decided the number of maintenance costs under regulation at paragraph 4 Article 36 of this decree that the investment holder remains. Maintenance of the maintenance budget, the Provincial People's Committee must have a written request for the owner of the funds for the board. For a period of no more than 07 days, since the date of receiving the text of the Provincial People's Committee, the owner must hand over this maintenance budget.

In case the parties are not yet to compile the maintenance of the maintenance budget, the parties must agree on the number of documents and the maintenance of the maintenance budget for the Board for a 10-day period, since the date received the text of the Provincial People's Committee.

The exchange of business maintenance of the general ownership of the condomiers must form a confirmed border of the investment holder and the representative of the Board; after this funding, the owner must have a notification text to the Provincial People's Committee.

c) The case is too restrictive at this point where the investor still does not carry out the maintenance budget, the Provincial People's Committee has the responsibility to enact a decision to forcibly recover the maintenance costs of the board to hand over the Board and send it to the board. This decision is for the investment holder, the Board of Directors and the credit organization where the investment owner opens the account; in the forced decision, the Provincial People's Committee must specify the number of capital funds to be handed over after the exception of the funding that the owner must use to maintain. the shared ownership (if any), the time of the table, the coercated measure and the responsibility of the stakeholders to carry out this decision;

d) The maintenance charge of maintenance of the maintenance charge includes forcing the investment of the maintenance of the maintenance funding sent from the established account in accordance with Article 36 of this Decree or transferring funds from the other account of the investment owner to the bank. account issued by the Board of Management or handling the assets of the investment owner. The conscription of the exchange for the maintenance of the general ownership of the apartment was carried out over 30 days, since the date of the decision. The cost of the transaction is the full amount of maintenance (both the root and interest) according to the amount of funding that the parties have decided; if the parties do not agree to determine the data, the table according to the number of records in the coervate decision of the Provincial People's Committee;

In a period of 3 days, since the date of the forced adoption of the Provincial People ' s Committee, the credit organization is managing a deposit account of the apartment maintenance budget or other account manager of the investment holder in accordance with the coercated decision. Responsibility for transferring funds to the account set by the Board to administer, use by the provisions of the law on housing and the forced decision; the case must handle the property of the investment holder to recover the maintenance funding for the Board then in the decision. Forced, the Provincial People ' s Committee must specify a measure of property handling, the responsibility of the asset processing unit, the form of processing and the transfer of the funding. revoked the board.

In the course of the practice of forced the maintenance of the maintenance budget, if the owner of the capital is in violation of criminal law, the Provincial People's Committee must require the authority to have the authority to investigate, according to the rule of law.

2. The exchange of the maintenance budget of the general ownership of the apartment must be established as a confirmation of the owner's confirmation and the representative of the Board; the specified case at Clause 1 This must have additional confirmation by the organization of the institution of coercism and the university. The credit organization performs this funding transfer or the representative of the asset's asset processing party (if the owner's assets are handled).

Chapter V.

MANAGEMENT, HOME USE OF STATE OWNERSHIP

Item 1

COMMON RULES

What? 38. Principles of Management, Home Use of State Property

1. Make sure to use the right purpose, to be effective, avoid loss, waste; lease, lease, and sale at the right subject, qualify, in accordance with the provisions of the Housing Law and the Decree.

2. Secure the unified management, which has close coordination, the distribution of clear management responsibility between the agencies, the relevant unit.

3. Housing is managed to guarantee the quality and safety of the user; the case is that the housing for resettlement is required to comply with the provisions at Section 1 Chapter IV of this decree.

4. Free, reduced rent, housing money must be required in accordance with Articles 59, 66, 67 and Article 68 of this Decree, except for tenant housing, student housing, property tenants in the prescribed area at Point c, Point 1 Section 1 Article 61 and p. Paragraph 1, paragraph 3 Article 71 of this decree.

5. For the former housing house being established by capital from a state budget or another source of ownership is transferred to the establishment of the state property and is used for use by the purpose to stay in accordance with the rule of law (including housing in the area). Self-governance is required, sold, for lease, to the correct regulation of this decree.

6. All conduct violations of management regulations, using state-owned housing must be processed in time, strictly under the rule of law; the case in which the housing department is revoked under regulation at Article 84 of the Housing Law and the Protocol. After the recall, the housing management agency must perform the management, using the house on the specified purpose.

What? 39. The agency, the state-owned housing management unit.

1. The Agency for the owner of the property on the investment in the construction capital by the central capital is prescribed as follows:

a) The Ministry of Construction is the owner-owner of the government at the Government's public office; the state-owned social housing is invested in construction by central capital; the student housing facilities are managed by the educational institutions of the Department of Construction, except for social housing. property owned by the Ministry of Defense, the Ministry of Public Security or Investment Building regulations at this point b;

b) The Ministry of Defence, the Ministry of Public Security is the owner-owned representative of the public housing, social housing owned by the Ministry of Defence, Ministry of Public Security or Investment Building, a student housing owned by the Department of Defense, the Ministry of Public Education, and the Department of Public Security. For the former residence, the Ministry of Defence is governed by the Ministry of Defence, which is the owner of the house, except for the specified case at paragraph 2 Article 64 of this decree;

c) The ministries, the industry, the other central body is the owner-owner for the home in the service, housing the students due to the educational establishment of the ministries, the industry, that the central body is managing.

2. The Provincial People ' s Committee is the owner of the owner for the state-owned housing types that are delivered on the site.

3. The housing governing body is the agency that is representative of the prescribed property at Clause 1, Clause 2 This deals with the management of the state owned housing, including:

a) For the Ministry, the industry, the central body is the body that is assigned to the functional administration of the department, the industry, the central authority;

b) For the locality is the Department of Construction;

c) The educational basis that governs the management of the home in the student is being entrusted with the management.

4. A state-owned operating management unit is the organization or business that functions, the specialized capacity of management, operating the housing as stipulated at Article 105 of the Housing Law being the body of the home ownership agency in the management of house operations in the United States. It's owned by the state.

What? 40. Rights and responsibilities of the home-owned home ownership representative

1. The representative body of the state-owned housing property stipulated at Clause 1, Article 2 Article 39 of this decree has the following rights and responsibilities for the housing holder:

a) that the decision of the house to be hired at the service, who is hired, to buy the old house, and to decide who is hired, to buy the house in the possession of the house;

b) The choice of housing operations management;

c) Approvation of the maintenance plan, renovation, demolition, housing reconstruction;

d) enacted or decide the price of rent, lease purchase, home sale prices;

Decide to recover the housing.

e) Other rights and responsibilities that the Prime Minister of the Government is assigned to.

2. The representative body of the state-owned housing property stipulated at Clap 1, paragraph 2 Article 39 of this decree can be assigned to the governing body of the house in paragraph 3 Article 39 of this decree exercise the right to rule at the point b 1 Article And the approval of the housing maintenance plan. For the Ministry of Defence, the Ministry of Public Security is able to hand over the authorities to perform the regulatory rights at points a, b, and Point 1.

What? 41. Rights and responsibilities of the state-owned housing agency

The state governing body of the state-owned property stipulated in paragraph 3 Article 39 of this decree has the following rights and responsibilities:

1. Runder, statistically, the housing classification is assigned management; reception of self-governance by the central authority transferred (if any) to administer under the provisions of this Decree.

2. Plan maintenance, renovate or rebuild the housing facility to provide the owner's owner to approve or approve the maintenance plan if delivered.

3. Set up, file, store the housing records and deliver 1 completed records (for new construction cases) or redrawing records (for the old housing) for the housing operation management unit; redrawing funding due to the state budget.

4. For the Construction Department it is responsible for the establishment of the Council that determines the former housing sale price of being sold on the site (including the former housing department); the Council component includes the representative of the Construction Department, the Department of Natural Resources and Environment, the Treasury Department. The Department of Planning and Architecture (if any), the Department of Planning and Investment, the Provincial Front of Vietnam, the Provincial Labor Federation, the Tax Service; the case determines the sale prices of the housing and the Department of Defense, and the Council determines the price of the housing sale. It ' s the Ministry of Defense.

5. Set up and the owner of the home owner who decides who is hired at the job, who is hired, rented a home in the state-owned society, who is hired, bought the old housing. For the Ministry of Defense alone, the Ministry of Public Security is the right to decide whether or not to be hired, to buy, buy houses if delivered.

6. Report the home ownership agency in the decision of a unit operating management unit or self-determination to choose the operating management unit if performed; report the home ownership agency in the decision to use the funding that proceeds from the operation. Business with the portion of the business area for the service business in the housing business is to serve resettlement in order to support the maintenance funding of the common ownership and operating management business here.

7. Base to the regulation of the law on the price of rent, rent, housing prices in the state owned property to build rent, rent, house sale prices in the governing body, and the owner of the owner representing the house there to decide.

8. Report the home ownership agency at the decision to recover the housing. For the Ministry of Defence, the Ministry of Public Security is the right to decide whether or not the housing agency is to decide whether to recover the housing if it is delivered.

9. Manage, check, keep hiring, warranty, maintenance, management of housing, make the sale, lease home to the provisions of this Decree.

10. Coordinate with the guidance finance agency, which checks out the revenue operation, the financial details of the housing operating management unit.

11. Check out, monitor, and process infringed violations or recommend competent authorities to handle violations related to the management of the housing use.

12. General, report on the management situation, using the housing as prescribed at Article 47 of this Decree.

What? 42. The rights and responsibilities of the state-owned housing operating management unit

1. Take over the housing fund provided by the competent authorities at Clause 3 Article 39 of this decree assigned the task to carry out operation management under the provisions of this decree and the relevant legislation. The management content of the housing operation is carried out in accordance with the guidelines of the Ministry of Construction; the operational management of housing operations in the state's ownership is entitled to the same mechanisms as for the service of the law by law.

2. Make the lease and manage the use of housing on the task of being delivered or under the operating management service contract with the housing management agency.

3. Build, enact the Administrative Cabinet of Management, use the housing at the instructions of the Ministry of Construction and disseminate this Content to the tenant, the buyer, who uses the housing.

4. Administrative management of the unsold area of the housing campus is owned by the state.

5. Conserved a portion of the housing rent in accordance with the regulation at Article 44 of this Decree to have the service funding for housing operations management.

6. Gather, store records relevant to the construction process, operation, warranty, maintenance, housing improvement; cases where not enough records are added, restored, redrawn, and responsible for delivery of the birth records, supplematuation to the storage of storage housing. According to the rules.

7. Make maintenance, renovate housing after being granted the authority to approve.

8. Checking, tracking detection timely and recommended authorities handling violations in management, use of housing; make house recall at the discretion of the competent authorities.

9. Coordinate with the local authorities in ensuring security, order for the tenant, to hire, who uses housing.

10. General, periodic reporting or request for a sudden return on the management situation, using the housing as specified at Article 47 of this Decree.

11. Make the accounting, report, finance the management of the operating house in accordance with regulation; exercise of rights, other obligations under the rule of law.

What? 43. Regulations on the conversion of the use of a home in the service; selling in a state-owned society or selling homes in the service after conversion of use.

1. The conversion of the use of home use in the regulatory service at Clause 4 Article 81 of the Housing Law to make the rental housing is done as follows:

a) The public housing owner agency in the project set up a proposal to convert housing capacity, which states the status quo use in the service, the reason for the transformation of the capacity, management method, lease after the conversion of the capacity, the application of rent, for example. The statue is hired, the agency is responsible for the management of the housing. The rent and object is employed at home after the change of the capacity is made under the regulation of rent in the state-owned society or through the form of the auction of the lease;

b) The owner of the owner with the submitted letter submitted to the Ministry of Construction for appraisal and reporting of the Prime Minister review, approved;

c) The case is approved by the Prime Minister, the governing body of the owner approx the project and the organization of management, for the right to be hired by the right content, the Prime Minister's approval document, compliance with the provisions of the Housing Law, the law of management, using state and annual assets with a report to the Ministry of Construction to track, manage.

2. The case where the owner of the owner has the need to sell the home in the service after having transformed the prescribed capacity at 1 Article to the reinvestment of building housing in another or the social housing sale to reinvest another social housing construction. as follows:

a) The owner of the owner must create a housing sale project, which specifies the address, the number of housing; the reason for sale; the sale price; the money uses the land; the object, the housing purchase conditions; the order, the procedure sold; the method of payment; the deadline for execution; Amount of money obtained; the method of using proceeds to reinvest another housing building.

For the sale of social housing, the correct object stipulated at Clause 1 Article 50 of the Housing Law; the house sale price (including rent and land use) is carried out by the law of social housing legislation. For the sale of the home in the service after being converted, the housing price is determined to be based on the remaining quality of the housing and the amount of money used by the land in accordance with the law of the land;

b) The owner of the owner with the submitted letter submitted to the Ministry of Construction for appraisal and reporting of the Prime Minister review, approved;

c) The case is approved by the Prime Minister, the owner of the owner to approve the project and implement the implementation of the correct content of the project, the Prime Minister's consent form;

d) The proceeds from the home sale must be used in the right purpose of reinvesting in social housing or public housing; the owner of the owner must report the Construction Department on the use of this funding and the Ministry of Construction has a responsibility to examine the use of it. The funds to report the Prime Minister.

3. To the home at work, a state-owned social housing owned by the Ministry of Construction, which has a need for a change of capacity, to be sold in accordance with the provisions of this Article, you must submit a prescribed record at paragraph 1, Clause 2 This to the Prime Minister of Government Look, it's decided.

What? 44. Money management is obtained from leasing, leasing, selling in state-owned housing.

1. The proceeds from the rental, rental rental, the state-owned housing sale is used to carry out the maintenance and development of the state-owned housing fund under the following regulation:

a) For the proceeds from the lease of the housing lease, it must be used for maintenance purposes and the management of the home ownership of the leased state;

b) For the proceeds from the rental purchase, the home sale is after the deduction of expenses to organize the purchase of the lease, the sale of the housing, the seller, the housing rent must be filed in the state budget by the current budget allocation, except for housing. I ' m going to use these two things to be used for the purpose of reinvesting in social housing or housing at home ownership of the state on the site.

2. For the former housing Department that is managing and directly implementing the sale to the tenant it is filed by the Ministry of Defense of Management to reinvest the social housing construction for the regulatory objects at paragraph 6 Article 49 of the rented Housing Law or by the rented out; the Department of Defense is responsible for taking the Department of Construction ' s unity opinion on the use of this budget and the reinvestment of housing construction before the implementation of housing construction; after the completion of the housing construction, the Ministry of Defense is responsible for reporting. The Ministry of Construction to sum up, report the Prime Minister.

3. The Department of Finance chaired, in collaboration with the Department of Particular Guidance Constructs using the proceeds from the operating lease operation to the maintenance, management of the rental housing operations; instructs the costs to organize the purchase of the lease, the home sale is owned. The state is defined by this.

What? 45. The sequence, the home recovery procedure is owned by the state

1. When there is one of the cases of the house revoked at the regulation at Article 84 of the House Law at or when the state-owned state is appropriated, the unit that is assigned the management of the housing operation must have a text stating the reason and ask the person. Rent, rent, buy or who is using the housing (the following is called the person who is directly using the house) to hand over the house here for a 60-day period, since the date received notice; the case is too limited that the person is directly using the house. Housing the housing management unit has to report the housing management agency at a five-day period, since the expiration of the table. We're going home.

2. In the 10-day period, since the date of receiving the text of the housing operation management unit, the housing management agency has the responsibility to check, if the property must recover the housing, the agency ' s owner, the owner of the housing, review, board the decision. The house of self-examination housing, which the housing agent, is to be able to recover, must be the procedure that the house is required to recover as a result of the regulation at this point.

3. In the 10-day period, since the date of receiving the program of the housing operation agency, the representative body owner is in charge of examination, if there is sufficient housing recovery under the regulation at Clause 1 This issued the decision to revoking it. The housing and housing management unit, the housing operations management unit, and the person who are directly using the house in the acquired area, are known for execution. The housing case is due to the Ministry of Defense, the Department of Public Security, the housing management agency that is issued a decision to recover the housing (if delivered) then send this decision to the housing operation management unit, who is directly using the house to know so. make and send to the owner of the owner to report.

4. The decision to recover the housing includes the following contents:

a) The legal base for the recovery of housing;

b) The housing address and the name of the person who is directly using the house is revoked;

c) The reason for the housing recovery;

d) The name of the organ, the unit that performs the housing recovery; the responsibility for the table of the housing;

The duration of the housing recovery;

e) The management method, which uses the housing after the recall.

5. During the 5-day period, since the date of the decision to recover the housing, the unit of the management of the housing operation is responsible for the notice by the copy of the copy of the decision to restore housing to the person who is directly using the house. The person who is directly using the housing is responsible for handing over the housing to the operating management unit at the time of the record in the recall decision; the recall, the housing desk must be established as the signature text of the parties; the case of the person is online. Using the house not to receive a recall notice or not sign a home delivery, the management unit is invited to represent the People's Committee, Ward, town is home to witness and sign.

6. During the 05-day period, since the date of the decision to recover the residence of the competent authority, the unit of the management of the housing or housing management agency must make an end to the lease, rent or purchase of housing (for the case of contracted); The case of the housing recovery due to the non-jurisdiction, not the correct regulation of the Housing Law and the Protocol, the purchase refund of the purchased housing money filed, except for the case of the buyer's paper, the home sale records.

7. The deadline for the maximum housing recovery is no more than 30 days, since the date of the decision to recover the housing. For the student housing, the management unit of the housing operation is responsible for carrying out housing revenues.

8. After the housing recovery, the operating management unit must have a written statement of the housing management agency on the completion of the housing recovery. Housing after being recovered must be used in accordance with the provisions of the House Law and the Protocol.

What? 46. The procedure, the forced procedure of home income in state possession

1. The case of people who are directly using the house not to hand over the house at the discretion of the house revoked at Article 45 of this decree, for a period of 5 days, since the expiration of the statute of limitations on Article 7 Article 45 of this decree, the management unit. Housing operations must have a written statement of the housing management agency in order to resist the recovery of housing.

2. During the 05-day period, since the date received the report of the housing operation management unit, the housing management agency must check and have the sheet accompanying the draft decision to forcibly recover the house at the request for the housing owner representative agency to review, enact. decided to forcibly recover the housing.

3. In the 10-day period, since the date of receiving the premises of the housing management agency, the body representative agency is responsible for examination, the reference to the regulation at Article 45 of this decree to enact a decision to forcibly recover the housing and send it. This decision is for housing management, housing operations management units, and people who are directly using their homes to do; in case of ministries, the departments, the Central agencies, they decide to forcibly evict the housing, and this agency has to have an accompanying text. It was decided to forcibly recover the house at the request of the Provincial People's Committee, where there was a recall organization.

Where the house is not part of the recall organization, the owner's representative body must have a written statement for the housing management agency and the housing operation management unit to continue carrying out regulatory practices.

With the Ministry of Defence, the Ministry of Public Security, the Department of Defense, has the authority to administer the Ministry of Defense, the Ministry of Public Security, to be issued a decision to forcibly recover the house if it is delivered.

4. On the basis of the decision to forcibly evict housing, the Provincial People 's Committee where there is a direct housing or delivery to the District People' s Committee where there is house in the organization of the recall and handing over the housing to the management operating management unit in accordance with regulations. Oh, The housing desk must establish a confirmed border of the forces involved in the recovery.

5. The deadline for the implementation of a maximum housing recovery is no more than 30 days, since the day the owner of the house owner in the board decided to forcibly recover the housing.

6. After the housing recovery, the operating management unit must have a written statement of the housing management agency on the completion of the housing recovery. Housing after being recovered must be used in accordance with the provisions of the House Law and the Protocol.

What? 47. The sequence, mode, and content report the housing management situation in the state ownership.

1. The self-report of the state-owned housing management situation is regulated as follows:

a) The management unit of the housing operation implementation of the housing management agency report;

b) The housing management body implementation of a housing agency representative agency report on housing is being entrusted;

c) The Provincial People ' s Committee, ministries, industry, Central agencies are managing the state-owned housing department reports the Department of Construction on the situation of management, using housing within the management range;

d) The General Construction Department, which reports the Prime Minister on the situation to carry out management, uses state-owned housing across the country.

2. Content and report mode are specified as follows:

a) The report contents include: The total number of housing and the use area of each state owned housing property (villas, apartment apartments, individual residences); the total number of housing is leasing, rent, the number of housing sold; the total proceeds from rental, rent, and rent. buy, sell the housing at the time of the report; the cases have recovered the housing and management situation used after the recall;

b) The regulatory bodies at 1 Article are responsible for reporting the management situation, using the periodic house in December or at the request of the Prime Minister and the Ministry of Construction.

Item 2

MANAGEMENT, USE OF PUBLIC HOUSING

What? 48. The subject is employed by the

1. Subject rules at Point A 1 Article 32 of the Housing Law is at the service house on a security request.

2. Subject to regulation at Point 1 Article 1 Article 32 of the Home Law is to be moved, alternated to work to hold office from the Deputy Minister or title with a functional system of charge from 1.3 or more at the central agencies, including the Party agency, the State, Political-social organizations (the Central Committee of the Vietnam People's Front, the Communist Youth League of Vietnam, the Vietnam Women's Union, the Vietnam Women's Union, Vietnam Veterans Society).

3. Subject to regulation at Point B 1 Article 32 of the Home Law is to be moved, alternated to work to hold office from the Chairman of the District People ' s Committee, Director of the Department or title with a functional secondary system from 0.9 or more at the local authorities. method, including the party agency, the State, the political-social organizations (the Central Committee of the Fatherland Front, the Ho Chi Minh Communist Youth League, the Vietnam Labor Federation, the Vietnam Women ' s Union, Vietnam Veterans Society, the Society of Vietnam). Vietnamese farmers).

4. Subject rules at points c, d, e, e and g 1 Article 32 of the Housing Law.

What? 49. The conditions are rented out at the site

1. For the specified object at Point A 1 Article 32 of the Housing Law must be in the time of assuming office.

2. For the specified object at Point B 1 Article 32 of the Housing Law must meet the following conditions:

a) There is an action decision, a turnover of work and papers that demonstrate the number of functions of the office;

b) The property has not been owned by its owner and has not been hired, hired or bought in social housing at the site of the business or already owned by its owner at the site of the business but has an average home area in households less than 15 meters. 2 Floor/person.

3. For the specified object at Point 1 Article 1 Article 32 of the Housing Law must meet the following conditions:

a) There is a decision on the action, the turnover of business and the identification of the object as the officer, the professional soldier, except for the case in the decision of the motion, the rotation has been made clear to the officer, the professional officer;

b) satisfy the regulation of the specified housing at Point 2 This Article;

c) Not in the barracks of the People's Armed Forces under the provisions of the Ministry of Defense, Ministry of Public Security.

4. For the specified object at the points c, e and Point One Article 32 of the Housing Law must meet the following conditions:

a) There is a decision to regulate, rotate or send to work in the areas under the provisions of the Housing Law;

b) satisfy the regulation of the specified housing at Point 2 This Article;

c) The case for business in rural areas of the plain, the middle du is outside the district table and its place to the site from 30 kilometers or more; the case in rural areas of the deep, the far-right region is economically qualified. Particularly difficult societies, borders, and islands are defined by the Provincial People's Committee to conform to the actual situation of each region but must be far from its place to a minimum of 10 km.

5. For the specified object at Point 1 Article 1 Article 32 of the Housing Law must meet the following conditions:

a) There is a decision to deliver the presiding over the scientific mission and the national level technology is particularly important in accordance with the regulation of the technology of technology science;

b) satisfy the specified housing conditions at Point 2 This Article 2.

What? 50. The procedure, the procedure for rent in the service and the management of the home operation

1. The case of the specified object at Point A 1 Article 32 of the Housing Law is employed by the employer at the discretion of the competent authority,

2. The case of the specified objects at the points b, c, d, e, e and g 1 Article 32 of the Housing Law is done as follows:

a) The specified object at this clause must have a petition to rent housing at the agency, the organization of the workplace; for 10 days, since the date of the application of the application, the agency, the organization where the objects stipulate in Clause 2. This is an inspection and a document that sends the authority to look at, the decision to rent the house at work;

b) In a 20-day period, since the date of receiving the agency ' s recommended text, the organization stipulated at paragraph 2 This comes with the application of the tenant at the service, the authorities have the authority to decide whether to rent the house in charge of inspection, if sufficient. The conditions for rent in the service issued a decision to rent a home in the service; the unqualified case must have a written answer stating the reason;

c) In the 10-day period, since the date of receiving the decision to rent the home in the agency of the competent authority, the unit is assigned the management of the house operating at the job of making a lease on the lease at with the tenant or signing a housing lease with the agency online. The manager of the tenants.

3. The management of the home operation in the work is specified as follows:

a) For the central housing of the central government (except the home in the Ministry of Defense, the Ministry of Public Security) is assigned to the organization, the functional unit, the capacity, the management of the management of the home operating management; the case in the deep, remote regions, the area of conditions. Economic-particularly difficult society, border areas, and islands are assigned to the management of the operating system in which it operates operations;

b) For the Home Office of the Ministry of Defense, the Ministry of Public Security, the Ministry of Defense, Ministry of Public Security decides to organize, the unit carrying out operation management;

c) For the local job at the local job to provide a layout for the management department level, give the organization, the unit has the function, the capacity for the management of the house operating at the execution management; the case on the non-organized venue, the unit is functional. Capacity, capacity for home operations management, the Construction Department is to organize a department directly within the Building Department to manage the operation and lease services to the management of the public housing operations;

d) For the local job at the local service to provide a layout for a management district level, the organization can be assigned to the organization, the unit with the function, the capacity for the management of the home operating management (if the operating management unit) or the delivery of the body. The house management at the organizational district is carrying out the management of the operation;

For teachers, doctors, medical personnel located on campus or adjacent campus or medical facilities may be assigned to the school or medical facility to carry out the management of the public at that job.

4. The Ministry of Constructs specifically proposed a home lease at the service, the home lease model, and the management, use of the housing.

What? 51. The rent and payment of rent in the service

1. The rental price at the service is determined by regulation at Article 33 of the Housing Law.

2. The payment of the rent in the work is specified as follows:

a) The hired person at the job is liable to pay the rent in the correct content of the signed lease, and in accordance with the time spent by the state paid by the payment. Where the tenant does not pay rent for three consecutive months, the service management unit in the service has the right to ask the agency to directly manage the tenant at the deductible from the rent of the tenant to pay the rent; the agency said. is directly managing tenants with a responsibility to deduct the wages of tenants in order to pay for the management of the public housing operations;

b) The case for rent in commerce to house in a business where commercial rent is higher than the amount of rent paid by the tenant, the tenant must pay rent no more than 10% of the wage being enjoyed at the time of the job lease; the bank. The state book pays a portion of the rent difference in the principle that the central budget is paid to the officers of the governing central body, the local budget pays for the cadres of the local body.

The procedure for payment of the regulatory arbiter at this paragraph is taken in accordance with the guidelines of the Ministry of Finance;

c) The case of a housing operation management unit in the contract to sign a lease with the agency is directly managing the tenant at the service, the agency is liable to extract from the rent of the tenant in order to pay for the operating management unit at the service. according to this paragraph.

3. The Treasury Department guides the proceeds from the employment of a housing rent used for maintenance and costs for the operating management operation there; the case is not funding enough, the state budget supports more to pay.

4. The method of guiding the method determines the rent in the service.

Section 3

MANAGEMENT, SOCIAL HOUSING USE

What? 52. Subject and charter conditions, rent-to-home rental social housing

1. The hired tenant, the state-owned social housing property must be subject to regulatory objects at Clause 1 Article 50 of the Housing Law.

For the subject being a student, the student stipulated at Section 9 Article 49 of the Housing Law (later known as a student), only to be hired at the time of the study. Where there is not enough room to stay on demand, it ' s a priority for hiring in order to take priority, including students being a family of policy, poverty, poverty, regulation of state; deep, rural, foreign, and college students. Good learning. First year students.

2. A state-owned social housing lease must meet the conditions of housing, residence, and income by regulation at Clause 1 Article 51 of the Housing Law; the case for which the housing is owned is required to have an average area in the household. Below 10 feet 2 Floor/person.

The case of the specified object at Section 10 Article 49 of the Housing Law does not apply the conditions of income but must be subject to an uncompensated state by housing, housing.

3. The case of renting a state in a state-owned society must meet regulatory conditions at paragraph 2 This and must pay for the first time the amount of rent purchased by 20% of the value of the rental house; if the buyer agrees it can be paid for once. The cash amount is 50% of the value of the lease.

What? 53. Profile of the lease, rental of housing in the state owned society

1. The filing of the offer, which rents out houses in the state-owned society, includes:

a) The application of the lease, the lease of the home in the state-owned society;

b) The certificate is subject to the object and there is sufficient conditions for housing, residence, regulatory income at Article 52 of this decree;

c) The ID ' s proof is exempt, reducing the rent in the social housing (if any).

2. The Ministry of Construction specifically provides for rent, social housing, and paper-specific guidelines that identify housing, residence certificates, regulatory income conditions at the point b 1 This and the proof sheet of the property. It ' s exempt, reducing the rent of the state specified at the point of Article 1 This Article.

What? 54. The procedure, the hire procedure, home rental in the state-owned society

1. The person with the need to rent, rent a home in a state-owned society filed by the state of the state filed in Clause 1 Article 53 of this decree in the unit assigned to the management of the house at or at the housing management facility where there is housing. In addition to the prescribed papers at 1 Article 53 of this Decree, the agency receives the case not required by the applicant to submit any further paperwork.

2. The Agency recepts the case to check and classify the case; if the file does not have sufficient provisions, the filing must be answered immediately for the applicant to add the paperwork. The case of a unit operating management unit in which the case is received, after checking and classifable files, the unit must have a list of eligible tenants, rent-based housing, and a valid deposit of the house management agency at consideration, check.

3. On the basis of the eligible persons list, the rent is accompanied by a valid profile, the house governing body directly on the board, or the establishment of the Case Browser Board to perform a check on each registration case, determine whether the object is eligible or terminated. the test points for the preferred object (if any).

Where the case is eligible or preferable to rent, rent-in, the housing management agency has a sheet-list and a review editor or the point margin of the decision-based representative agency report; the case is not eligible for it. Or not yet censor, the housing management agency has a written statement for the management unit of the housing operation to answer to the applicant.

4. On the basis of a report by the housing management agency, the agency ' s representative agency at consideration, issued a decision to approve the list of hired persons, rent out housing and submit this decision to the housing management agency to sign a lease with the given person. Rent or send for a housing management unit to sign a lease with a tenant.

5. Time to address the lease, a social housing purchase is no more than 30 days, since the date of the operating management unit in which a valid case is received; the case for a filing review, the grading organization, the resolution deadline is no more than 60 days.

6. Rights and obligations of a tenant, a state-owned social housing property is carried out by regulation at the Housing Law and by agreement in the lease, which rents out housing.

7. The Construction Department issued a lease of lease, rent-to-social housing; the principle specific guide, review criteria, the grading of the object being hired, the home-owned social housing property; the specific guide, the use of the student housing. It's owned by the state.

What? 55. The rent, the rent on the state-owned social housing and the costs associated with the management, use of this housing.

1. State-owned social housing prices are defined by regulation at Clause 1, 3 and Section 4 Article 60 of the Housing Law. State-owned social housing prices are defined by regulation at Clause 2, 3, and Clause 4 Articles 60 of the Housing Law, excluding the housing maintenance funding provided by the tenant according to the regulation at Article 108 of the Housing Law.

2. In addition to closing the rent, rent-to-purchase at the price specified in Clause 1 This Article, the tenant, rent-to-rent is also required to submit costs related to the management, use of housing, including the cost of managing housing, the cost of use. Electricity, water, use of information services, contacts, television, costs for other services are defined by law and by agreement with the service provider.

3. The Ministry of Constructs specifically instructs the cost of the cost of the price and the method of identifying the rent, renting a home in the state-owned society.

What? 56. Manager, use of state-owned social housing

1. The management, use of the state-owned social housing must comply with the provisions at Article 64 and Section 2 Chapter VI of the Housing Law, Article 38 of this Decree.

2. The social housing tenant is exempt, reducing the rent in the same as the former state-owned rent case stipulated at Article 59 of this Decree. The family of households, individuals who hire, buy houses in society to serve resettlement, after paying enough rent, buy housing under contract and be granted a certificate of rights and have the obligations of the housing owner in accordance with the rules. It's the House Rules.

3. The management of social housing in the state owned by the unit or organization has the function, the capacity of the management of the housing operation. The management unit of the housing operation is responsible for monitoring, reporting on the management situation, using the housing as specified in Article 47 of this Decree.

For the unitary locality or functional organization, the capacity to manage the housing operation in response to requirements, conditions under the rules of the Housing Law, the Construction Department is organized a department directly subordinate to the Construction Department to organize the operation and lease the requirements. House operating management services; the cost of carrying out the management of the housing operation is used from the rent to this housing rent and the support from the local budget.

Section 4

THE OLD HOUSING LEASE IS OWNED BY THE STATE.

What? 57. Subject and charter conditions in the former state owned

1. The former tenant in the former state owned by the decree of this decree is that the person is in fact using the housing and has the need to continue renting the housing there, including the object being deployed using the residence before November 27, 1992 (the date of the practice). The Prime Minister's 118/TTg decision on the price of the housing rent and the deposit of the housing money and the object is given at the stipulation at Clause 1 Article 61 of this decree, except for the appropriation of the house in the law.

2. The former residence tenant must belong to one of the following cases:

a) The case is in fact using the housing, which has a lease on the housing lease, and the name in this contract is not signed to the lease, except for the expiration of the lease at the expiration of the lease, and the parties must sign the contract by regulation;

b) The case is in fact using housing, with no housing lease but decision making, distribution text, housing layout and a name in the decision, this text must manually sign the lease housing with the operating management unit, housing;

c) The case is in fact using housing, which has a lease on housing but no name in this contract and the housing is not in dispute, the complaint is contracted to rent a home lease with the regulatory management unit at the stipulation at Article 60 of the Decree. Hey.

d) The case is in fact using the housing, decision-making, distribution text, housing layout but no name in the decision, this text and the house there is no dispute, the complaint is contracted to rent the house with the housing operating management unit in accordance with it. specified in Article 60 of this decree.

The case for the use of the house in law is revoked; the recovery of the housing is carried out by regulation at Article 45 and Article 46 of this decree.

What? 58. Former housing rent is owned by the state

1. For housing, the house with no origin was housing but was used before July 5, 1994 (the government's 61st /CP decision date on the purchase and housing business) that had not been renovated, rebuilt, and imposed a lease on the decision. The Prime Minister's valuation on the lease of housing property is not yet renovated, rebuilt.

2. For the specified housing at Clause 1 This has been renovated by the State, rebuilt; housing or non-origin houses were housing but deployed in use from 5 July 1994 to before 19 January 2007 (the date of the issue of Decision No. 2). 09 /2007/QĐ-TTg of the Prime Minister, in order to rearrange, state-owned, state-owned land, and apply the rent to a state-owned social housing.

What? 59. As long as lowering the rent in the old state property

1. Free, reducing the rent in the former home property is done in accordance with the following principle:

a) The person is exempt, reducing the rent on the right to be a person named in the lease of the housing lease (including the representative named in the contract and other members named in the lease contract);

b) The exemption, the reduction of the rent of the house at one time to the tenant; the lease of many houses in the possession of the state is only to be enjoyed, and the rent of rent to one housing;

c) The case of a person belonging to the subject is entitled to a variety of regimes, reducing the rent of housing, which is only the highest level;

d) The case in a household from two people who grew up renting a house in a reduced rent is exempt from rent.

2. Subject is exempt, reducing the old housing rent includes:

a) The man who works with the revolution by the law of the law of giving him the public with the revolution;

b) The poverty, the poverty by the regulation of poverty, the poverty issued by the Prime Minister;

c) People with disabilities, lonely elderly and special subjects have difficulty in housing in urban areas.

3. Level-free, reducing the rent on the specified subject at paragraph 2 This Article is made in accordance with the Prime Minister ' s decision.

Poor, poor, handicapped people, lonely people, and special subjects who have difficulties with housing in urban areas, if they ' re hired at home, are reduced by 60 percent of their rent; for poor, poor households, this fall is counted for both. They don't count for family members.

What? 60. Profile, sequence, ex-state rental procedure

1. The former home rental profile owned by the state included:

a) the application of the housing lease;

b) The identification proves the use of the prescribed housing at one of the Points b, c, d paragraph 2 Article 57 of this decree;

c) A copy of the People's Identification Certificate or a citizen ID card or passport is still in value or a person's Personal Card is offered to rent a housing application; the case is that the spouse must have a copy of the family's household or registration certificate. kiss;

d) A copy of the certificate of the object belonging to the object is exempt, reducing the rent in the housing (if any).

2. The procedure, the procedure for the old housing lease for the specified case at Point 2 Article 2 Article 57 is done as follows:

a) The applicant who offers to rent out the house in filing of 2 sets of prescribed records at clause 1 This Article at the management of the housing operation at or at the housing management agency (due to the Commission of the Provincial People's Provincial Committee);

b) The Agency recepts the case to check, write a record receipt; case the applicant is not subject to an ex-tenant, it must have a written notice to the file person. If the file is missing, the agency continues. The file must be submitted immediately for the applicant to add the documents. The case where the management of the housing operation is received, it must be reported by the housing management agency.

c) On the basis of the qualifying records, the housing management agency is responsible for testing, the program attached to the draft decision to approve the tenant-leased object in the former owner of the decision-owning representative agency;

d) The base at the request of the housing management agency, the agency representative agency at consideration, issued a decision to approve the rented object at, then submit this decision to the housing management agency to inform the unit of the management of the facility in practice. It's a lease on the lease. The former housing case is managed by the Department of Defense that the authority to decide on the subject of a housing lease for the housing management agency, the agency issued a decision to approve the rented object.

After a decision is made to approve an ex-house lease, the management unit of the housing operation performs a contract with the tenant.

3. The procedure, the procedure of contracting the housing lease on the specified case at Point c and Point 2 Article 2 Article 57 of this decree is done as follows:

a) The case of the person who is using the residence to transfer the rent before June 6, 2013, is the No. 34 /2013/NĐ-CP April 22, 2013 by the Government on the management of the state-owned housing department of enforced effect (the following collectively as the Digital Protocol). 34 /2013/NĐ-CP ) then the offer to rent out the house in the file of the 1 Article in the management unit of the residence or at the governing body of the housing (due to the Committee of the Provincial People's Provincial Committee). After receiving the file, the agency receives the case responsible for checking, if the valid profile is posted 3 times continuously information about the rental housing on local newspapers and on the Electronic Information Portal of its unit; the case of the housing management agency in the United States. Take the file, get the management unit in order to do the posting.

After 30 days, since the last posting, if there is no dispute, the rental housing complaint is the unit that manages the house operating at the contract with the tenant and reports the housing management agency knows to follow, manage; if there is a dispute, the complaint comes home. In this case, only the lease was signed after the dispute was settled, the complaint filed.

b) The case of the person who is using the housing authority is the recipient of a housing lease from June 6, 2013, the person offering to rent out the house in filing 2 of the prescribed records at Clause 1 This Article at the management management unit at or at the housing management agency (due to the commission) The people of the province.

The case of the housing management agency that receives the case, the housing management agency has the responsibility to check, if the residence is not in dispute, the complaint has a written consent of the transfer of the lease and sent this text with a copy of the lease offer. The house for the management management unit is in order to perform a contract with the tenant; the case of the operating management unit, the operation management unit is responsible for testing and reporting the housing management agency to review the test for having a consent text. the transfer of the lease before the implementation of the contract sign; the case of the housing management agency does not agree there must be a clear answer to the subject. The rent is known.

4. The contracting cases of new housing lease or contracting the lease that the home area is using is not true for the record area in the distribution, layout, or lease of the housing lease, the operating management unit in charge of control. Ask and redefine the home area of the legal use before the implementation of the lease for the housing lease.

5. The deadline for the lease for the old housing lease is no more than 30 days, since the date of the agency recepts the filing offer to the recipient of a valid file.

6. The Department of Construction has a responsibility to enact a home lease offering, the old housing lease and the paperwork that proves the use of the old housing.

What? 61. The lease for rent on housing and home is not the housing but was deployed to stay from November 27, 1992 to before 19 January 2007.

1. The state continues to address the lease at the stipulation of this Decree for the following cases:

a) The case of housing was authorized by the authority to allow the investment to be built by a state budget capital from before November 27, 1992, but since November 27, 1992, the newly completed construction and delivery was used to distribute it to the staff, workers. rented by the Prime Minister ' s 118/TTg Decision on the price of renting housing and putting money in wages;

b) The case of the person who was renting the house before November 27, 1992 but the area was required to move the work and the State required to return the tenant housing, which was then deployed by the state agency to another housing lease after November 27, 1992;

c) The home case or home of no origin is housing but was used for use between 27 November 1992 and prior to 5 July 1994;

d) The housing or house-free home case was housing but was used for use between 5 July 1994 and prior to 19 January 2007.

2. The housing rent for the specified cases at Clause 1 This Article is specified as follows:

a) The case of the house in the prescribed area at the points a; b and Point 1 This has not been renovated, rebuilding is applicable to the Prime Minister ' s decision on the decision of the Prime Minister to the unrenovated housing, rebuilt; if the house is specified at the site. Point a, b and Point 1 This Article 1 This has been renovated, rebuilt, applying the rent price as for the state-owned social housing;

b) The case of the house in the specified area at the Point of Clause 1 This applies the same rent as to the state-owned social housing.

3. The case of housing use as of 19 January 2007 makes a regulatory settlement of state property management.

Section 5

HOUSE SALE IS OWNED BY THE STATE.

What? 62. The former housing type owned by the state property is not sold

1. Do not perform the former state-owned housing sale in the following regulation:

a) Housing is located in the area of construction site construction planning, national point construction planning or provincial level construction work;

b) The housing decision has decided to recover the land, recover the home of the competent state agency;

c) The house is not of the origin of the housing but is working as a housing and belonging to the execution, rearrangement of the home, the possession of the state;

d) Housing associated with historical, cultural heritage has been ranked by the decision of the competent state agency; housing is in the planning, plan to use as a home in service, work, work headquarters, schools, hospitals, parks, catering works, and more. Public purpose has been approved by the authority.

The damaged apartment, which is at risk of collapse, does not guarantee the safety of the user has concluded the quality of the building's quality, the apartment building is not closed; the apartment building is not closed, except for the lease of the lease. renovated before the date of this Decree effective enforcement and the use of independence, voluntary, voluntary consensus through the proposed text of the proposal purchased;

e) The villa is in the non-part category sold that the Provincial People ' s Committee has reported and has been approved by the Prime Minister before the date of this decree taking effect.

For the mansion which local statistics, sweeping after the Prime Minister 's report, these villas are also managed according to the criteria that the Provincial People' s Committee has stipulated and has reported the Prime Minister before the date of the decree taking effect. Go.

2. For the non-semi-regulated home in Clause 1 Article, when the State does the housing treatment, the base enters the specific case, the tenant is resolved under the current policy of housing, land.

What? 63. Subject, conditions purchased and the former home sale conditions are owned by the state.

1. The former home buyer of the state property must be subject to the prescribed housing object at Clause 1 Article 57 of this Decree.

2. The former home buyer owned by the state department must meet the following conditions:

a) There is a lease on the lease with the housing operating management unit and there is a name in this housing lease (which includes a representative who is the name of a housing lease and a member of the household name from age 18 or above); the case has many success. The members of the same family, the members of the same family, they have to deal with the name of the house to sign the housing deal with the housing management agency.

b) The full amount of housing rent is specified in the lease of the housing lease and fulfills the cost of home operating management at the time of the signing of the housing sale;

c) There must be a petition to buy an old housing housing.

3. The housing sale condition, the home without its origin as housing but was used by the layout prior to 5 July 1994 is prescribed as follows:

a) Housing must not be defined as stipulated at Article 62 of this decree;

b) The home is not in the dispute, the complaint;

c) The old housing case in the area must identify the entire population according to the Number Resolution 23 /2003/QH11 November 26, 2003 of the National Assembly for the State of the State administered, the layout used during the implementation of the land management policies and the policy of socialist reformation before July 1, 1991, and the Parliamentary Resolution No. 1. 755 /2005/NQ-UBTVQH11 April 2, 2005 of the Standing Committee of the National Assembly of the Standing Committee of the National Assembly stipulated the settlement of some specific cases of the state during the implementation of state administration policies and the policy of socialist reform prior to July 1, 1991. The state agency has the authority to complete the procedure to establish the full ownership of the people and carry out the signing of the lease at the prescribed prior to the execution of this house;

d) The case of semi-detached home is not the housing but used to be used to stay before July 5, 1994, the housing must ensure the conditions: The ground has its layout as an independent campus or possibly separate from the original campus. The department, the agency; the housing has its own walkway, does not cover the facade of the headquarters, the agency, does not affect space, the surrounding landscape; the agency, the unit that does not have the need for use and the housing is consistent with local land use planning. The rights to approve. The unit, which does not have the need to use this housing area, has to be transferred to the Provincial People's Committee where it is managed to make a regulatory sale at this Decree, except where the housing department is managed by the Ministry of Defence.

4. The home of the housing sale, the house with no origin was the housing but used by the layout from 5 July 1994 to before 19 January 2007, according to regulation at Article 70 of this decree.

5. The home case with no origin is the housing but was used to be used to stay before July 5, 1994 without qualifying at the point of Section 3 This and the case of housing using the housing system from 19 January 2007 made the solution. decided by the rule of law governing the state property of state property.

What? 64. The former housing sale agency is owned by the state

1. The Provincial People ' s Committee, the Department of National Defense, is responsible for the sale of housing and the delivery of the housing management agency to carry out the sale of the former state owned housing under the provisions of this decree.

2. For old housing in the local but are being managed by the Ministry of Defense, if the Department of Defense has a need for transfer to the Provincial People 's Committee where there are housing and sale then the Ministry of Defense unified with the Provincial People' s Committee on the implementation. Now, hand over these homes. After receiving a residence from the Ministry of Defence, the Provincial People's Committee is the owner's representative to the house and is responsible for the organization's management, lease, or sale under the provisions of this decree.

What? 65. The old housing sale prices are owned by the state

The old house sale prices applied to the pre-arranged cases used before July 5, 1994 (including housing in the identification of the total population stipulated at Section 3 Article 63 of this decree) which is calculated including home money and land use (no. diverts the case to buy one or buy multiple homes) and is regulated as follows:

1. The home money is determined based on the remaining value of the housing and the value adjuvant value; the remaining value of the housing is determined according to the rate of the remaining quality of the housing (x) at the new construction price at the original Provincial People ' s Committee. Effective at the time of the signing of the purchase and kernel contract (x) with the area using the housing.

For the villa with many households that have a common home area, this common use area is allocated according to the rate of housing use (m). 2 ) For each of them. For the IV level house that the tenant has dismantled, reconstructing before the date of this Decree has the effect of execution, the value left of this house is calculated as zero (zero).

2. Money uses land when transferring the right to land along with the sale of the former housing property is calculated according to the land price board issued by the Provincial People's Provincial Committee effective at the time of the signing of the sale and base to the location of the land, the floor is as follows:

a) For housing in many floors with many households, as many as 10% of the land price while transferring the right to land and allocation for the floors according to the corresponding floor coefficiers;

b) For the one-storey housing and housing in many floors with an apartment, the villa has a household or so many households are charged with 40% of the land price at the transfer of the right to the land area of the land limit provided by the Provincial People's Committee for each household; for example. And the land that exceeds the extent of the land that is above the level of land, by the Department of the People's Committee of the provinces, is worth 100% of the land price.

c) The case in which the villas has many households, the land area to calculate the use of the land of each household includes an area of undisputed use of the land; the land area of building houses is allocated to the households by the household use of each household. corresponding to the number of floors; the land area of common use within the grounds of the mansion house is allocated to the general household use (in the number of households using the mansion). The charge of the use of the land of each of the households is made from the area of the building land that houses the many households, and then compacts the following areas.

The Provincial People's Committee is responsible for regulating the allocation of the land area by selling the mansion house to accommodate the actual situation of the locality;

d) For the individual housing that is highly profitable at the location of the road, the town is decided by the Provincial People 's Commission to decide the price of land prices compared to the price sheet issued by the Provincial People' s Committee to charge the land use when selling housing and transfer power. The land is tied to this house.

The case of old housing when building has a portion of the individual's and that of the collective without the origin of the state budget, the rent is calculated as stipulated at Clause 1, but the buyer is but the money that has built the house before. (above the percentage of the amount that has contributed to the value of the decision on building the housing construction); for land use, the implementation is specified at this clause.

3. The one-tier housing case with many households and homes in many floors where the housing area is available, the land in common use only does the sale of this common use area for the household use if all the households are able to allocate their holdings. to each of the households; the case of non-consenable households, the housing governing body does not sell the area, and is in charge of the provisions of this decree.

4. A specific guide building on the price of housing prices, the method of determining the remaining value of the housing, the value-regulating system of housing, the allocation of the number of floors when transferring the right to land to the multi-story house, many of the homes of the former housing.

What? 66. Principles for free, reducing the rent in the former home owned by the state

1. Former home-owned housing property includes money using land and home money.

2. Free, reducing the amount of land use when selling housing and transferring the right to use the land attached to this housing must secure the following principles:

a) The exemption, reducing the amount of land use when selling the former state property is only once for a housing buyer; the case of a person who is entitled to a variety of reduced regimes only applies the highest level to charge. In the household, many people in the household are renting out the amount of land that ' s going to use the land, and they ' re going to have the people ' s reductions, but the maximum is not beyond the amount of land that the buyer has to pay.

b) Do not perform the exemption, reduce the amount of land use on the specified case at Point c and Point 1 Article 61, Clause 1 and Section 3 Article 71 of this decree;

c) The person who has enjoyed the regimes of immunity, reducing the use of land when buying a state owned housing property or has been exempt, reducing the use of land when granted by the State of the Land as a residence or has been supported to improve housing in pre-date of this Protocol. The executor of the executor is not allowed, reducing the use of the land when it comes to receiving the right to use the property with the purchase at the stipulation of this decree.

3. The reduction of home money must secure the following principles:

a) The reduction in home money is not calculated in terms of time, subject. Each object is reduced only once when purchasing the residence is renting;

b) Do not perform a reduction in the funds for the specified case at Point c, Point 1 Section 1 Article 61 and paragraph 1 Article 71 of this decree;

c) In a household with many members whose name in the same lease contract or the same permanent residence at home address is reduced to a home purchase, which has been reduced by members of each member to account for the sum of money purchased at home. is reduced by both households but the reduced home level is not to exceed the amount of home purchases having to submit (not including land use) in the home sale price;

d) The number of years calculated, to reduce the rent is the number of years of actual work in the agencies, the unit of the state sector management as of the time of the signing of the house. When the number of years of work if an odd month is from six months or more, it is half a year and over six months is one year.

What? 67. Subject is exempt, reducing the rent in the former home owned by the state

1. Subject is exempt, reducing the use of land when purchasing the former state owned housing attached to the receiving of the right to use the housing land included:

a) The man who works with the revolution by the law of the law of giving him the public with the revolution;

b) The poverty, the poverty by the regulation of poverty, the poverty issued by the Prime Minister;

c) People with disabilities, lonely elderly and special subjects have difficulty in housing in urban areas.

2. The object was reduced from home money when purchasing the former state owned housing included:

a) Officer, officials, officials in the administration of the administration, career, party agency and the delegation of salaries from the state budget;

b) The beneficiary of the state budget in the armed forces;

c) Sub-officer, fighter-free fighter with active time at the battlefields A, B, C, K;

d) The business worker in the commune, the salary ward from the state budget or the enjoyment of the operating capacity by the State Regulation;

Workers, employees who work regularly from a year or more in state enterprises, organizations, units are allowed to operate businesses, services under the administration, careers, armed forces, party agencies, and unions;

e) These specified objects at the points a, b, c and this clause are sent to work in enterprises with foreign investment, industrial zones, manufacturing zones, high tech sectors, economic zones, economic representative offices, and trade are established. and operates in Vietnam, foreign representative agencies, international organizations or NGOs, news agencies, newspapers, broadcasting, foreign television based in Vietnam and units of other economic components;

g) The pension beneficiary, labor loss allowance, labor accident allowance or occupational illness, a rubber worker allowance, a one-time social insurance allowance, pre-employment allowance and after a Decision No. 111 /HSBT on April 12, 1991 of the Council. co-ministers (now the Government) or before and after the Labor Code of 1994;

h) The wage beneficiary in the armed forces but not enough for the pension, the monthly allowance of labor loss that benefits the grant or discharge; those who served before 1960;

i) The subjects stipulate at this 1 Article.

What? 68. Level-free, reduced home-owned housing property

1. The exemption, reducing the amount of land use to the specified object at Clause 1 Article 67 of this decree is made at the discretion of the Prime Minister.

Poor, poor, disabled, lonely people and special subjects with housing difficulties in urban areas that were reduced by 60 percent of the land used to pay; for poor, poor households, this decrease was counted for households (not counting on households). for every member of the household.

2. The level of loss of home money for the specified objects at paragraph 2 Article 67 of this decree is specified as follows:

a) Each year the buyer work is reduced to 0.69 times the minimum wage used to apply to the staff, civil officials, officials and armed forces according to the Government ' s regulations. In the case of homebuyers who have time to work in the armed forces, each year's work in the armed forces is reduced by 1.24 times the minimum wage stipulated at this point;

b) The case of the public with the revolution, the poor, the poor, the disabled, the lonely person has five jobs to charge but the total amount is reduced by five smaller workers over 6.9 times the minimum wage under the Government ' s provisions. The veto is reduced by 6.9 times the minimum wage for one person; the absence of five jobs to count is down by 6.9 times the minimum wage.

For the poor, the poor, the poor, does the reduction for the household (not counting on each member of the household).

What? 69. Profile, sequence, ex-state house sales procedure

1. The record offer to buy the former housing property includes:

a) the offer to purchase old housing;

b) A copy of the People's Certificate of Identity or Public ID Card or passport is still in value or a person's Personal Card offering to buy housing; the case is that the spouse must have a copy of the family or the marriage certificate;

c) The lease of the housing lease is legal; the proof paper has submitted enough housing rent and the cost of managing the housing operation at the time of filing a request for the housing purchase.

The case of a person named in the lease of the residence has been issued abroad then there must be a proxy document (there is a confirmation of the agency ' s body or certificate authority) to other members of the household name; if a member has a name in the contract. A dead tenant must have a death certificate.

In the case of a tenant member waive the right to purchase and standing the name in the Certificate, there must be a written waive of the right to purchase, not to be named in the Certificate of Acceptance and a non-dispute, complaint about the purchase of the house here;

d) The ID of the object was exempt from the object, reducing the rent in the housing (if any).

2. The procedure, the former home selling procedure in the state ownership is done as follows:

a) The buyer of the housing must file a request for a housing purchase at the unit that is managing the housing operation or at the housing management agency (due to the Provincial People's Committee);

b) The Agency recepts the case to the receiving responsibility, record receipt of records, case checks, and list of housing buyers. On the basis of an offer to buy the former housing estate, the Building Building organizes the Council meeting to determine the cost of the housing sale to determine the sale price, the right to use the land. After the Council determined the sale prices of housing prices, the right to use the land, the Department of Object Building established an object-purchased object-to-house property that determines the sale price of the House's housing prices, which determines the sale of the house at the owner of the housing owner. It's a decision.

With the Department of Defense under management, the agency recepts to ask the Council to determine the sale price at the meeting to determine the price; then the Department of Defense issued a decision to sell the former residence;

c) Based on the report of the housing management agency, the owner ' s representative agency reviewed, issued a decision to sell the former housing estate, which states that the object is purchased housing, the housing address sold, the old house sale price and the transfer price use of the land and sent the decision. This is for the housing management agency, the housing operating management unit, to co-ordinate the implementation of the contract for the housing sale.

d) After receiving the decision to sell the old housing, the unit of the management of the housing operation informed the buyer who knew the specific time to sign a housing purchase contract with the housing management agency;

The time for the sale of the old house is no more than 45 days, since the date of the management of the home operating unit in full of valid records until the purchase of the purchase contract. This time is not calculated at the time of the financial filing and the time the agency has the authority to implement the Certificate of Certificate for Home buyers.

The granting of the certificate to the housing buyer is carried out in accordance with the rule of the land law. The agency with the authority to issue a Certificate of Certificate to submit a list of housing buyers has been granted a paper and a copy of a (01) certificate for the Department of Storage for tracking;

e) The case is more than 90 days, since the date of the management unit of the housing operation has the time notice of the purchase of the housing purchase contract that the buyer has not yet contracted, if there is a change in the price of land at the Board of the Provincial People's Committee, then the housing management agency. reported the Provincial Committee of the Provincial Committee to approve the new price before signing the purchase contract with the housing buyer.

3. The application of a single model guide to purchase an old housing purchase, the object's proof papers are exempt, reducing housing money, housing purchase records, sequencing, sales procedures, and the purchase of the former home-owned housing purchase contract.

What? 70. Resolve the housing sale and home without origin is home but set up to stay from July 5, 1994 to before January 19, 2007.

1. The housing case, the house with no origin as housing but layout for the household, the individual used to stay between 5 July 1994 and before 19 January 2007 (including the house in the body of a wholly-defined possession of the population). at the Section 3 Article 63 of this decree) then do the following:

a) The housing buyer must meet the stipulation conditions at Clause 2 Articles 63 and the housing must meet the stipulation conditions at paragraph 3 Article 63 of this decree;

b) The home sale prices include home money and land use;

c) The home money is determined according to the proportion of the remaining quality of the housing (x) with the new construction price at the new construction issued by the Provincial People's Provincial Committee effective at the time of the signing of the purchase and kernel (x) with an area of use;

d) The pre-use of the land when the transfer of land use is calculated as 100% of the land price at the price tag issued by the Provincial People's Provincial Committee effective at the time of the purchase of the purchase contract (including the use of land by k) if the house is located. specified at the Section 2 Article 65 of this decree) and does not distinguish between the extent of the land at or beyond the extent of the land.

2. For housing or non-origin housing but was deployed as a residence from 5 July 1994 to before 19 January 2007 without qualifying for the stipulation at the Point 1 Point One Article resolved according to the rules of the order. The law of state property management is state property.

What? 71. Resolve the share of the common use of home use and transfer of land use to the land area adjacent to the former state property.

1. The housing case has many households where the State has sold out the entire area of its own use to the households but has not sold part of the housing area and the transfer of land use in common use on the premises of the housing, if the organization or household, Individuals who are in possession of the entire housing area in which the State has sold has the need to buy the entire portion of this common use, the solution is as follows:

a) Organization, household, individual must submit funds and money to use the land for this common area of use;

b) The level of home income is determined by the proportion of the remaining quality of the housing (x) with the new construction price at the new construction issued by the Provincial People's Provincial Committee effective at the time of the signing of the purchase and kernel (x) with an area of use;

c) The amount of money that uses the land by 100% of the land price at the price sheet issued by the Provincial People's Provincial Committee is effective at the time of the purchase of the purchase contract (including the use of land by k-factor if the house in the specified site at D 2) Article 65 of this decree);

d) Before the implementation of the share area of the common use as specified in this paragraph, the housing agency does not have to sign a lease on the share of this common use.

2. For the land area adjacent to the state-owned housing property that, when selling housing prices in or selling houses in accordance with the Government ' s 61 /CP Protocol on the purchase of the purchase and home business or sale at the provisions of the United States Congress 34 /2013/ND-CP, The state has not yet settled the right to use this land area, or when it is sold in accordance with the decree of this decree, to resolve the area of this adjacent land area as follows:

a) Transfer the use of land to the land area adjacent to the state-owned housing property to the person who is in fact using the home legalization if the area is not in dispute, the complaint, which is suitable for housing and planning planning, plans. The use of the land is used.

b) The land use of land is calculated as 40% of the land price on the ground level in terms of land level, 100% of the land price in the area that exceeds the land level above the housing grounds of the state ownership of that state (the extent of the land at the property includes the land area. They have houses, they have bought and land adjacent to the land. Land prices to charge land use when the use of use is applied to land tables issued by the Provincial People's Provincial Committee effective at the time of the transfer of land to the adjacent land area. For the portion of the land outside the state's former housing campus, it is made to collect land use by law on land law.

3. The case of building housing on the vacant land on the former state-owned housing campus that is consistent with housing construction planning, planning, land use planning and no dispute, the complaint is that the person using the country is recognized by the state. The right to use land; the amount of land deposits in this case is calculated as 100% of the land price at the price sheet issued by the Provincial People's Provincial Committee effective at the time of the recognition of land use.

4. For the share of the shared housing area the housing owner does not buy, the governing body of the housing authority, in coordination with the District People's Committee to implement the management under the provisions of this Decree, the law on housing and the law of the land.

5. Based on the regulation of this decree, the Provincial People ' s Committee has the responsibility to enact the specific regulation of the case, sequence, procedure procedure for regulation case 1, 2, and Clause 3 This, the funding layout for drawing, filing, and execution. The management of the property area of the common use is at paragraph 4 This.

6. The Ministry of Constructs Specified in Clause 1 and Clause 2 This.

Chapter VI

HOUSING TRANSACTIONS.

What? 72. Papers that prove home conditions in the transaction to the case are not required to have a certificate.

The certificate of the condition, the housing involved in the transaction for the specified case at paragraph 2 Article 118 of the Housing Law is specified as follows:

1. The case of mortgage housing in the future is required by provisions at Clause 1 Article 148 of the Housing Law; the case of commercial housing in the future is required by the law of business law. real estate and regulation at B Point 2 Article 19 of this decree.

2. The organiser of the charity house, the love house must have a proof of the donation of the donor's housing.

3. The case for ex-owned housing lease is required under the provisions of Article 60 of this Decree; the former state-owned purchase case is required under provisions at Article 69 of this decree.

4. The case of purchase, social housing purchase (including the family case, the individual in the resettlement purchase, social housing purchase) is required to be eligible under provisions at Article 63 of the Housing Law.

5. The case for home-building purchases under the project to serve resettlement then must have a Certificate of Certification or decision-making, which has a decision to approve the project of the authorized agency and the approved project record, which has a construction permit if required. In the area of the construction permit, there is a license to complete the construction and put the housing in use as prescribed by the law of construction.

6. Family-to-home case, the trader who buys a home in commerce to serve resettlement, must have a contract to purchase housing or contract purchase contracts between the owner of the commercial housing project with the unit assigned by the State. And if you buy a project, you ' ve got to get it, and if you buy a housing, you have to have more paper to complete the construction and put the housing in use as prescribed by the law of construction; if you buy a house in the future, you have to have a receipt. The experience of building the foundation of the building is by the law of construction.

7. The case of a housing purchase in accordance with regulations at Clause 4 Article 62 of the Housing Law must have a purchase contract or lease purchase contract at the sign with the owner of the housing construction project attached to the housing desk, and the proof paperwork paid off. Buy money or rent money to the owner of the investment.

8. The case of a housing inheritance is required by the following regulations:

a) If the house inheritance is given to the given, it must be written or donated to be made legally attached to a certificate of property ownership of the given house (if any);

b) If the home inheritance is purchased, it must be purchased by a contract to purchase, hire a home in the legal home with a license to prove ownership of the housing property or to prove the investment of the seller's house, the buyer's lease;

c) If the housing inheritance is a new construction site then there must be a construction permit (for the case to have a construction permit) and the proof paper has the right to use legal land in accordance with the law of the land of the party to inherit;

d) If the housing inheritance follows the decision of the Court of the People, there must be a sentence or decision that has taken effect on the law of the People's Court.

9. The rental case, lend, to the given, the administration of the housing management (except for the state-owned lease of the state), the lease, the loan, the loan, the housing management must have the contract to buy, rent out the housing, with the owner of the project. building housing if it is to buy, rent out the residence of the investor or have a construction permit or other paper that proves ownership of the housing in accordance with the provisions of the civil law, the law of the land if it is an investment in housing.

What? 73. The housing sale has a deadline

1. The sale of the sale is tied to the transfer of the right to land use or the lease of the land at a residence there for the buyer for a certain deadline. In the time of housing ownership and land use, the seller is not unilable to terminate the contract, unless the two parties have another agreement; the granting of the certificate to the housing buyer is made as prescribed at Clause 1 Article 7 of this decree.

2. At the end of the ownership of the housing agreement under the agreement in the contract, the implementation of the housing process is specified at Article 8 of this Decree.

3. During the housing ownership deadline, if the parties breach the purchase contract then be treated for violation and must pay damages under the agreement in the contract; if the parties have a dispute over the housing purchase contract it is resolved by the People ' s Court in accordance with its provisions. the law.

Ch of VII

HOME OWNERSHIP IN THE VIETNAM OF THE ORGANIZATION, INDIVIDUAL

ABROAD

What? 74. The identification of the object and condition is owned in Vietnam.

1. For foreign individuals, there must be a valid passport that will stamp the entry test of the export management body, enter Vietnam and do not belong to the preferable, diplomatic immunity under the ordinance of the ordinance of preferable, exempt immunity. for the diplomatic representative body, the Consulate and the representative body of the International Organization in Vietnam.

2. For foreign organization the subject must be subject to regulation at Article 159 of the Housing Law and there is a certificate of investment registration or paper issued by the competent authorities of Vietnam for operations in Vietnam in effect at the time of the signing of the transactions. Home translation (the following is called the Investment Registration Certificate).

What? 75. The organizing area, foreign individuals are owned by housing.

1. Organization, foreign individuals only owned housing (including private apartments and private housing) in the commercial housing construction project, except for the defense of defense, security under the provisions of Vietnamese law.

2. The Ministry of Defense, the Ministry of Public Security has a responsibility to specifically identify areas that require security, defense at each local, and has a notification text to the Provincial People ' s Committee to serve as a base for the construction of the specific defining project portfolio. House-based commercial housing does not allow the organization, foreign individuals are entitled to own housing.

What? 76. The number of houses in which the organization, foreign individual is owned

1. Based on the Ministry of Defense 's announcement, the Ministry of Public Security and the direction of the Provincial People' s Committee as specified at Section 2 Article 75 of this Decree, the Construction Department is responsible for public publication on the Electronic Information Portal of the following Content Department:

a) The portfolio of housing construction projects on the site located in the area that the organization, foreign individuals are not allowed to own housing;

b) The number of housing (including the apartment, individual housing) that the organization, the foreign individual is owned at each of the housing construction investment projects stipulated at the site of this Section; the number of apartment apartments in each apartment building, the number of private housing. odd of each project that the organization, the foreign individual is owned;

c) The number of housing in which the organization, foreign individual purchased, purchased, has been granted the certification certificate at each of the housing construction projects;

d) The number of apartment apartments in which the organization, the foreign individual is owned in the case on a land where the population is equal to a district-level administrative unit has many apartment buildings; the number of individual housing that the organization, the foreign individual is owned. In the case of a land where the population is equal to a single-level administrative unit that has one or more projects but has a total number of individual housing less than or equivalent to 2,500.

2. Organization, foreign individuals owned housing in Vietnam are only purchased, leased from the owner of the owner of the housing construction project, purchased the organization's housing, foreign individuals stipulated at Point 4 Article 7 of this decree and are only received. Inheritance, admission to the home of the household, the individual or the recipient of the organization's housing in the number of housing regulations at Section 3, Clause 4 This at home construction investment projects is permitted to own; the institution of the organization, the foreign individual is granted. It is dedicated to the Vietnamese residence in Vietnam, but it is not owned in Vietnam, but it is settled in accordance with Article 78 of this decree.

3. Organizations, foreign individuals only possess no more than 30% of the total apartment of a condomed building; the case on a site has a population equivalent to a district-level administrative unit that houses many apartment buildings for sale, for rent, organization, fish. Foreign workers are only owned by no more than 30% of the apartments of each apartment building and no more than 30% of the total apartments of all these apartment buildings.

4. The case on a site has a population equal to a ward-level administrative unit that has a commercial housing construction project, including the individual housing for sale, for the purchase, the organization, the foreign individual which is owned by the number of individual housing. the following rules:

a) The case with only one project has its own number of houses in less than 2,500 bases, the foreign individual only owned no more than 10% of the total number of homes in that project;

b) The case with only one project has a single number of individual housing equivalent to 2,500 bases, the foreign individual only owned no more than 250 bases;

c) The case comes from two or more projects that the total number of individual housing in these projects is less than or equal to 2,500, the foreign individual is only owned no more than 10% of the housing number of each project.

5. The specific guide-building for the identification of the number of houses in which the organization, the foreign individual is set to be regulated at Clause 3 and Section 4 This.

What? 77. Renewal of housing ownership in Vietnam of the organization, foreign individual of the country

1. The case of foreign personal personal ownership in accordance with the regulation at Point 2 Article 161 of the Housing Law, the extension of the housing ownership deadline is stipulated as follows:

a) Before the expiration of the home ownership limit of 3 months, if the owner has a need for further extension, the deadline must be given a deadline for the deadline to add a copy of the certificate to the housing certificate, and send it to the Provincial People's Committee where there is a house there. Take it.

b) In the 30-day period, since the date of the owner 's application, the Provincial People' s Committee considers and has text agreeing to renew a period of house ownership at the request of the owner but maximum not more than 50 years, since the expiration of the ownership limit. the first time the house is on the certificate, except for the specified case in paragraph 3;

c) The text base agrees to the extension of the Provincial People ' s Committee, the competent authority to grant a Certificate of Recognition Certificate on the Certificate; the Certificate of Paper Certificates Issued a Certificate of Certification and transferred to the Construction Department for tracking.

2. The case of a foreign organization which owns a residence at a specified deadline at the Point 2 Point 161 of the Housing Law, the extension of the housing ownership deadline is stipulated as follows:

a) Before the expiration of the home ownership limit of 3 months, if the owner has a need for further extension, the deadline must be given a deadline for the extension of the proposed extension with a copy of the certificate certificate to the housing, the investment registration certificate has been questioned by the judge. Vietnam 's right to renew the operation and send it to the Provincial People' s Committee where there is house there to review, address;

b) In the 30-day period, since the date of the owner 's petition, the Provincial People' s Committee reviewed and had the text agreed to renew a period of housing ownership at the request of the owner but maximum not too long written on the Certificate of Identification. The investment register has been established by the authorities of Vietnam.

c) The text base agrees to the extension of the Provincial People ' s Committee, the competent authority to grant a Certificate of Recognition Certificate on the Certificate; the Certificate of Paper Certificates Issued a Certificate of Certification and transferred to the Construction Department for tracking.

3. The case when the expiration of the first ownership that the individual or foreign organization is determined by the authorities of Vietnam to force the scene or to end the operation in Vietnam is not renewed for the expiration of the ownership deadline at paragraph 1, Paragraph 2 This is treated by regulation at paragraph 3 Article 8 of this decree.

What? 78. The cases are not recognized for housing ownership in Vietnam.

1. Organization, foreign individuals belonging to the following specified case, are not granted a certificate to the housing, which is only sold or donated to the housing house for the subjects who are owned in Vietnam:

a) Organization, foreign individual given to or inherited the residence in the non-owned area is owned by regulation at Article 75 of this Decree or exceed the number of housing allowed under the stipulation at paragraph 3, Section 4 Article 76 of the United States. This decree;

b) The foreign organization that did not operate in Vietnam, foreign individuals were not allowed to enter Vietnam but were given, inherited from Vietnam.

2. The specified object at Point A 1 This is directly or authorized by the other to sell or donate to the housing; the specified object at Point 1 This Article is authorized for individuals, other organizations residing, operating in Vietnam to sell or sell. Give it to the house.

3. The sale, giving to the housing of the specified objects at paragraph 2 This is done when there are documents under the following regulation:

a) There is a donation, the paper on the inheritance established by the law of the housing and civil law of Vietnam;

b) There is a certificate of the right to the right of the residence of the given, the party to the inheritance under the provisions of the House Law and Article 72 of this decree;

c) There is a written commission for sale or given to the residence in accordance with the provisions of the civil law if the authorization for the other to sell, to the housing.

4. The order, the procedure for sale, donated to the housing of the specified objects at paragraph 2 This is done by the provisions of the Housing Law and the Protocol.

5. The case in the number of objects inherited by the housing holders in Vietnam and who is not owned by the holders in Vietnam, the inherited parties must unify the division of this housing property in one of the countries. the following case:

a) The parties agreed to have the authority granted the authority to grant certificates to the housing housing to the holders of the housing ownership in Vietnam;

b) The unified parties make a donation to or sell this house to the subject of a housing possession in Vietnam by regulation at paragraph 2, Clause 3 This in order to benefit.

What? 79. The organization ' s housing management, foreign individuals in Vietnam.

1. The Construction Department is responsible for setting up a private item on the Department of Electronic Information Portal of the Department to post and manage the regulatory information at paragraph 1 Article 76 of this Decree.

2. Before the purchase of the purchase contract, the lease, donated to the housing, the owner of the investment, the donor to the information check on the Building Information Portal of the Construction Department or offering the Construction Department provides information to determine the number of housing sold, for rent, to be purchased. For example, the Construction Department is responsible for providing information during the day. The owner of the housing construction project was sold only, for the lease of the housing, the donor was given only to the housing for the organization, the foreign individual according to the correct number of regulations at Article 76 of this decree.

3. After the purchase of the purchase contract, the purchase lease, donated to the housing, the owner of the investment, the donor with the responsibility to inform the information during the day (by email and written) on the home address sold, for rent, donated to the Building Building where the residence is located. to post on the Office of the Department 's Electronic Information Portal; after receiving the information, the Construction Department must check and post immediately on the Office of the Department' s Electronic Information Portal.

4. Before granting the Certificate to the organization, foreign individuals, the authorities with the authority granted the Certificate of Certificate of Information examined by the Department of Management. After the implementation of the Certificate of Certification for the organization, the foreign individual, the authorities with the authority to grant the Certificate of Certificate immediately during the day of information about the residence have been issued certificates to the Construction Department for posting on the Department of Electronic Information Portal. Construction.

5. All transactions to buy, lease, donate to the organization's housing, foreign individuals exceed the amount that the organization, the foreign individual owned by regulation at Article 76 of this decree or transaction purchase, lease, donate to the housing project at the investment project. Housing construction, non-owned foreign individuals, are not legally valid and are not legally licensed by the authorities; the seller, renting out housing, compensated for the buyer's household damage.

6. The construction department, the owner of the investment, the donor to the housing, the authority with the authority to grant the certificate if it does not timely notice, post the prescribed information at Clause 2, 3 and 4 This must be held accountable before the law; if due to delays You know, posting the information that damages the damage to the damage.

7. The Agency with the authority to issue a Certificate of Certification for the organization, the foreign individual responsible for sending text messages with a copy of the issued certificate (including the added case) to the Building Building, the Ministry of Construction and the Ministry of Natural Resources and Ministry of Natural Resources Environment to track, manage.

8. Serious prohibition of the organization, foreign individuals who purchase housing for resale are aimed at making a profit.

9. The Ministry of Construction Guide to the purchase of the purchase, purchasing, and ownership of the organization's housing, foreign individuals in Vietnam.

Chapter VIII

RELAY PROCESSING

What? 80. Procking processing to the development and management of housing.

1. Since this Decree is in effect, the investment project building in the provisions of the provisions at Section 2 Article 17 of the Housing Law must have the name of a unified housing construction project, the implementation of the implementation must comply with the rules of the government. House law, this decree, the law on building and law is relevant.

2. The case has filed a proposal to approve the investment or decision-making of the housing construction project before the date of this Decree effective, but the competent authority has not issued an approved document or decision-making. As invested under the regulatory authority of the Housing Law and the Agreement, the agency, the unit proposed that the decision or approval of the investment should only submit to the addition of the missing documents (if any) according to the regulation of this decree or the additional adjustment of internal affairs. The specified capacity in the file is in accordance with the Housing Law and the Protocol.

3. The case of a competent organ that has taken the option of selecting the housing construction project before the date of this decree comes into effect, but by this time the decree is effective without issuing an investment choice. Take the choice steps to invest in the building under the provisions of this decree.

4. The case of a housing construction project approved prior to the date of this Decree effective the implementation of which the project must be corrected by the provisions of the project in accordance with Article 182 of the Housing Law, the owner of the project must correct the project's content. The adjusted content case must be approved by a competent authority or an investment decision, and the owner of the investment must have a document that offers the authority to regulate the decision or the document to approve the investment in accordance with its provisions. This decree before the approval of the project supplemation and implementation implementation.

5. The identification of the available housing, the home in the future formed as follows:

a) The housing available is that the housing has a record receipt that completes the construction of the building in accordance with the regulation of the law on construction; the housing case, the owner of the self-making, is set up under the rule of construction legislation (the house is not required). So the unit has the capacity to build it, and it has to meet the conditions that have had electricity, the water for the living, the fire system, the fire system (if the house in the area is required to have a fire, fire system);

b) The home in the future is the housing that does not meet the regulatory conditions at this point a paragraph.

6. Since the Day of Housing Law has the effect of enforcement, the naming of the project, the regional name in the planning investment projects at Section 2 Article 17 of the Housing Law must comply with provisions at paragraph 3 Article 19 of the Housing Law and the provisions of Parliament. This; the naming cases and the use of the name of the regional project in the non-regulatory housing investment project are not recognized by law. Any transaction with regard to the housing construction investment project must use the correct name that has been approved by the authority.

For the commercial housing construction investment project that the owner of the project uses the project name, the area in the project in foreign language and has been approved before the House of Housing Act is in effect that the owner of the proposed document rechanges the name of the project, the districts. In accordance with the provisions at Section 3 Article 19 of the Housing Law, the Provincial People's Committee where the project is responsible for reviewing the board of documents approved the renaming of the name. Any transaction with regard to the housing construction investment project must use the correct name that has been approved by the authority.

7. The case in business registration papers issued by the competent authorities using apartment apartments as a business venue prior to the Enforced Public Housing Law, the organization, household, individual licensed for this business registration must be issued. Moving business to another location is not a residential apartment for six months, since the date of this Decree is effective; the agency with the authority to issue a business register must be the procedure to recon the business site. write in the business register paperwork issued to the organization, household, individual to other locations in the statute of limitations at this paragraph; too long term. In this case, the organization, the household, the individual is not in business at the apartment building.

8. The case of apartment building has established the Board before the Governing House in effect that the Board has the need to reorganize the operating model under the provisions of the Housing Law, which must hold the Joint Housing Conference meeting to form the Board of Directors. according to the Management Regulation, use of the apartment house issued by the Ministry of Construction.

9. Since the date of the Housing Law is valid, the maintenance of the housing is carried out under the specified deadline at Section 2 Article 85 of the Housing Law; the warranty period is calculated from the completion of the construction and the delivery of the housing delivery in use.

10. Since the date of the Housing Law has been enforced, the condomes (including the condomiers have the purpose of using the mixture to stay and use on other purposes) to be built up to the standard of community life by standard, regulatory regulation.

For the apartment building, which has been built prior to the date of the Law of Housing, which has the effect of having an area design as a community biologist, the owner of the investment must have an area of the area to be a community biologist, according to the approved design; the case is not the case. It has a community-owned, community-based home area that owns a business, and the owner of the house, and the owners of the apartment, can make a deal for the owners to buy or rent a portion of this house to house community.

The community biologist is determined by the General Assembly for the General Board of Directors or the management unit management unit management; the community biologist must be used on the right purpose of the livelihood of both the owners of the owners, the people. use of the apartment house; strictly banning the use of this house on the sole purpose of the owners, who use the apartment house, lease, loan, use on other purposes not to serve the common life of the owners, who use the apartment house.

What? 81. transition processing for home transaction regulations in the United States.

1. The case of a competent organ that organized a rental price appraisal, a state-owned social housing purchase prior to the date of this decree came into effect but the date of this Decree is effective without issuing rent, for rent. purchase housing, which is to implement the appraisal and lease of the lease, lease the home to the provisions of this decree.

2. The case of the person who is using the state-owned housing is the person who is in the name of the lease at the residence and the date of this Decree is valid for which the lease period remains, and the parties are not contracted to sign the lease. When the expiration of the lease expires, the management unit of the housing operation is in charge of inspection, if the tenant remains eligible to be hired and has the need to continue hiring, the parties renew the lease on the housing lease; if the tenant does not have a subscription need or not. be eligible to continue to rent housing under the provisions of the Housing Law, and this decree, the management unit of the housing operation has a written notice for the hired party to terminate the lease and hand over the housing to the rental party to manage, leasing in accordance with rules. It is defined by this decree; the case not to hand over the housing is made up of the provisions of this decree.

3. The transition processing for former home-owned semi-housing cases is as follows:

a) The case filed a request for a home purchase before June 6, 2013, which houses there are eligible to be sold as specified at the time of the filing and eligible for sale under the regulation of this decree, which continues to sell on sale prices and free mechanisms, reducing the purchasing money at the policy of Decree No. 61 /CP; the case filed before June 6, 2013 where the housing was not eligible to be sold under regulation at the time of filing but eligible for sale under the decree of this decree is available. do sell by the regulation of this decree;

b) The case filed a request for a housing purchase from June 6, 2013 to before the date of the Protocol, which houses there to be eligible to be sold under the provisions of this decree, proceed to the provisions of the provisions of the Protocol. 34 /2013/NĐ-CP;

c) The case of residence in the specified area at Point 2 Article 65 of this decree that the competent authority approved of the sale price before the date of this Decree is valid, and continues to sell the approved sale, except for the case of belonging. The stipulation at the Protocol 2 Article 69 of this decree; the case to date of this Decree is valid for which the owner of the owner who has not approved the cost of the housing sale is approved and sold in accordance with the provisions of this decree.

4. The case of a commercial housing buyer (including a family of household, a trader who buys a commercial housing as a residence in the resettlement service) should have received a home delivery from the owner but has not submitted a certificate granting the certificate to the authorities. then the buyer of the house was transferred to the home purchase contract at the construction of the Ministry of Construction.

5. To the housing that the organization, the foreign individual purchased before the Act of Housing in effect, the date of the housing ownership was determined since the certification granted; the owner was renewed ownership of the house at the stipulation of this decree; in the period of time. restrict ownership or prior to the expiration of the housing ownership, the owner is to exercise the rights and obligations to the housing under the provisions of the Housing Law and the Protocol.

6. The case has signed a contract home before the Law Day in effect that the content of the contract is consistent with the provisions of the relevant law at the time of the signing of the contract but there are other agreements with the regulation of the Housing Law, Parliament. On the other hand, the parties continue to follow the signed contract, except for the case of certain amendments, the addition of the contents of this contract to conform to the provisions of the Housing Law and the Protocol.

Since the date of this Decree is effective, every transaction of the housing has to comply with regulations on the form of transactions, the conditions of the transaction, the order, the transaction procedure, the content and the sample of the contract on the regulation at the Housing Law, the Protocol. This and the construction of the Ministry of Construction; the implementation of the implementation is not valid, and these transactions are not legally valid. For trading deals, rental, rental rental housing (including housing, adjacent housing, residential apartments) owned by the state, housing resettlement services, trading in commercial housing to home in service or residential resettlement. must comply with the pattern and contents of the contract issued by the Ministry of Construction.

7. For the capital contract, the investment cooperation contract, the business cooperation contract that the parties signed from before the date of this Decree is effective enforcement and has a split agreement divided by 20% of housing products under the provisions of the Digital Protocol. 71 /2010/NĐ-CP The June 23, 2010 Government of the Government Regulation and guidelines of Housing Law enforcement continue to be divided by the number of houses under the agreement; the parties perform this contract liquoration and sign the purchase contract at once eligible for the contract. is being sold here in accordance with the provisions of the real estate business law and this decree.

8. Since the date of this Decree effect, the mortgage of the investment project building housing, housing in the future, mortgaged the property from the contract to buy, rent out housing, contract transfer contracts and other property rights. In relation to housing, the investment project building in a mortgage on the provisions of the law must follow the provisions of the Housing Law and this decree; cases of mortgage investment, housing, housing, housing, and housing. The property rights associated with the housing, the investment construction project in regulation at this clause is not true with the provisions of the Housing Law and this decree is not valid. Legal and not legally recognized.

The registration of the mortgage project for housing construction, housing in the future and property rights associated with housing, the investment building investment project at the clause was made in accordance with the regulation of the guarantee transaction registration law; the employment of the government. The treatment of regulatory assets at this paragraph is carried out in accordance with the provisions of the relevant civil and legal law.

What? 82. Procsent processing to the development and management of the housing resettlement service.

1. The case to this Decree date comes into effect that the investment holder has been working to approve the housing construction investment project to serve resettlement but the unapproved agency of the project does approve the project under the provisions of the State Law. And this decree; the investor does not have to redo the procedure, approve the project, but only add the missing documents (if any) and the addition of the contents stating in the project profile to suit the provisions of the Housing Law and the Protocol.

The case of authorship authorities approved the compensation, support, resettlement prior to the date of the decree taking effect, and continued execution by the approved method.

2. For the condomiers serving the resettlement built by the prescribed capital at Clause 3 Article 36 of the Housing Law, the buyer, the tenant at the cost of the maintenance fee, is required to pay maintenance of the common ownership section under provisions at Article 108 of the Housing Law.

In the case of a cohabitation serving resettlement, which has an area for business under the approved project, after the exception of the reasonable business costs, the Provincial People ' s Committee is used to use the proceeds from this business activity to support it. Subsidies for the maintenance of the area, the general ownership of the apartment building on the site (including maintenance of elevators, fire systems, firefighting, water pumps, electric generator, anti-lightning, apartment building systems) and support a portion of the funding for the operating management business here.

What? 83. transition processing to the housing development fund

1. For the provinces, the Central City of Central City established the Home Development Fund before this Decree effective date that the Fund for Development continues to be operated under the Operational Charter which has been approved by the Provincial People's Committee. Based on the specific conditions of each local, the Provincial People's Committee reported the Council of People to grant funding from the local budget to the Fund for the Development of the House to make a social housing development on the site.

2. For the provinces, the Central City of China has not established a housing development fund, if there is a need to establish the housing development Fund, which reports the Prime Minister review, the decision to establish its own House Development Fund or Trust Fund for Investment Fund. The development of the local development fund.

Chapter IX

EXECUTION CLAUSE

What? 84. The Service of the Ministry, the relevant sector

1. The Ministry of Construction has the following powers and responsibilities:

a) Perform the tasks assigned to Regulation at Article 175 of the Housing and Regulatory Law at this Decree;

b) The guide, the work of the implementation of the Law of Housing and the Decree; the declaration of propaganda, the dissembling of the mechanisms, the policy of the law to the housing;

c) The decision to allow adjustment of the investment project to build commercial housing to social housing or to house housing resettlement or decision to regulate the structure of a commercial housing-building floor area, social housing for building investment projects. set up housing from 500 or more homes (including individual housing and apartment apartments) to implement a policy of regulatory real estate market by the Government, the Prime Minister's request, or when a proposal by the Provincial People's Committee; see. So, deciding whether to adjust the housing in the resettlement or adjust the investment project building housing resettlement to social housing or to home to home. trade at the suggestion of the Provincial People ' s Commission;

d) The suspension of the project on the case was decided by the Provincial People ' s Commission or approved an investment or approved investment authority that was not in the program, the local housing development plan or when it was approved by the government. There is no planned construction of the authority to be approved by the authorities; the suspension of the implementation on the project does not properly guarantee the requirements that have been stated in the decision or written approval of the state agency's investment. project to violate regulations on capital raising, on terms of purchase, lease for housing.

2. The Ministry of Finance has the following powers and responsibilities:

a) The Chair, in collaboration with the Department of Procurement Specific Guidance, the lease costs, for the lease, the sale of the housing owned by the state in accordance with the provisions at Article 44 of this decree;

b) The tax collection, other financial obligations, when the owner of the company sold, and the deal was bought, and bought it, and gave it to it, and gave it to the house, and gave it to them;

c) The procedure for the procedure for payment of the rent arbiter at the specified job at paragraph 2 Article 51 of this Decree and the implementation of other tasks by the provisions of this decree.

3. The Ministry of Natural Resources and Environment has a responsibility for presiding, in coordination with the Ministry of Construction Guide implementation at Section 3, Section 4 Article 6, the granting of the Regulation Certificate at Article 7, the processing of the certificate when the expiration of the house ownership is expired at Article 8, the recording of the Certificate of Certification in Clause 1, Clause 2 of Article 77 of this decree and the handling of compensation, support, resettlement when the state recuperated land on the case of a housing purchase at a time.

4. The State Bank of Vietnam has the following powers and responsibilities:

a) The Chair, in coordination with the Ministry of Construction, Ministry of Justice, Ministry of Natural Resources and Environment Regulation and Guide to the Ministry of Natural Resources, Procedulation and Interpretation of the property is an investment project building housing, housing in future and related property rights. to the investment construction project housing the future in accordance with the provisions of the Housing Law and Section 8 Article 81 of this Decree;

b) Specific guidelines for payment of the purchase, rent of housing through the organization ' s credit organization, foreign individuals, Vietnamese residing abroad when purchasing, renting housing in Vietnam and the transfer of money, leasing the purchase of home abroad of the country. organization, foreign individuals, Vietnamese people who settled abroad on sale, leasing houses in Vietnam.

5. The ministries involved in the scope of duty function are assigned to the new or revised executive responsibility, the addition of the assigned authority assigned to the housing-related jurisdiction in accordance with the provisions of the Housing Law, this decree, and coordination. with the Ministry of Construction to implement the provisions of the Housing Law and this decree.

For ministries, the former home fund of self-governance is required to transfer the housing fund to the Provincial People's Provincial Committee where there is housing, management, leasing, and sale under the regulation of this decree; the former housing case is administered by the Ministry of Defence. The defense is responsible for the management of management, leasing and selling under the provisions of this decree, except for the specified case at clause 2 Article 64 of this decree.

What? 85. State management responsibility for local housing

1. The Provincial People ' s Committee has the following powers and responsibilities:

a) The function of the management of the state of the house above the table;

b) The budget layout to build the program, the local housing development plans by this decree and the guidance of the Ministry of Construction; direct construction and implementation of the program, this plan after being approved;

c) Planning, land area layout for development for each type of housing under the provisions of the Housing Law and the program, local housing development plans have been approved, which must clearly define areas to build houses in the rental society; decide the number of land-adjusted k coefficiers in the case of the former state-owned housing sale stipulated at Point 2 Article 65 of this decree;

d) The only public publication on the Electronic Information Portal of the Provincial People ' s Committee and of the Department for Building Investment Projects on the site by regulation at Section 5 Article 19 of the Housing Law, the program, the local housing development plan has been approved; directed the Public Building Department on the Electronics Portal of the Department of Information Home Information on eligible for sale, for rent, to be mobilized in regulation at Article 19 of this decree, the portfolio of commercial housing construction projects. on the non-organization of the organization, foreign individuals are entitled to the regulation at paragraph 1 Article 76 and the regulatory information at Article 79 of the Decree. Hey.

) Enacted the specific regulation of management, use, villas, condomiers; the sale of the sale, leasing, leasing of housing in the state-owned property, housing resettlement served in accordance with the actual situation of the locality; the organization. The coervate of the state-owned state was under the provisions of Article 84 of the Housing Law, the regulation of this decree; the organization of the forced assembly of the government for the maintenance of the common ownership of the apartment by the provisions of this decree;

e) Regulation of criteria, procedures and identification of the housing portfolio has a value of art, culture, history (including the house of villas, housing in the neck); the decision to establish the Board to determine the catalogue and board the decision to approve the housing portfolio to carry out management. according to the provisions of the Housing Law, this decree and the law are relevant;

g) organizes the organization, the layout of sufficient cadres, civil officials, and redistribution of functions, the duties of local relevant agencies to carry out the development and management of the housing in accordance with the provisions of the Housing Law and this decree; direct execution, direction, etc. Lead, test, inspect the development and management of the housing on the site; handling violations, resolve disputes, complaints, charges of housing at the jurisdiction or offer of the authority to take care of the law, resolve in accordance with the law;

) The amendment, the addition of statutes of house law in the jurisdiction issued to the House Law in accordance with the Housing and Decree Act; the organization of training, disseminalization, propagation of legal documents of housing and advocacy of organizations, individuals on the table. The statutes of the law of the house of the house,

i) Host or coordinate with ministries, the relevant sector implementing tasks assigned by the provisions of the Housing Law, this decree and the relevant legislation;

n) The annual flag or the request for a raid to report a competent organ to the situation of the implementation of the Housing and Decree Law on the site;

l) Perform other tasks under the provisions of the Housing Law, this decree and the rule of law.

2. Help the Provincial People ' s Committee to head the implementation of the state management function of housing on the site is the Department of Construction.

3. The District People 's Committee is responsible for carrying out the management of the state on the site in accordance with the function, the mandate is delivered, according to the direction of the Provincial People' s Committee and by the regulation of the law on housing.

4. Chairman of the Provincial People 's Committee, the Chairman of the District People' s Committee and the head of the relevant local authorities are accountable to the law if the delay does or does not implement or implement the provisions of the Law. Housing, this decree and the legal documents of the housing.

What? 86. Central Command on housing policy and the real estate market.

1. The Prime Minister decided to set up the Central Committee on housing policy and the real estate market to help the Prime Minister to study, direct and co-ordinate solving important issues, the interdisciplinary involved in the policy of governance of the government. We ' re going to develop housing and real estate markets across the country.

2. The Central Committee on housing policy and the real estate market has the following duties, the following powers:

a) Directoring, foreman, guidance and examination of the implementation of housing development programs, advocates, housing policies and real estate markets at ministries, industries and localities;

b) Participate in the contribution of large, important policies concerning housing and real estate markets;

c) The Prime Minister and the agencies have the authority to review, amend, add or suspend the enforcement of the relevant documents to the housing and real estate market provided by the ministries, the industry and the Provincial People ' s Committee issued contrary to their provisions. the law on housing and the real estate market;

d) Chairman of the Provincial People 's Committee decided to establish the Directorate for Residential Policy and the Provincial Real Estate Market to help the chairman of the Provincial People' s Provincial Committee to direct the implementation of the policies concerning the housing and market sectors. Local property;

Functions, duties, powers, statutes of operations of the Command and organizations to help the Central Command of the Central Committee are regulated by the Prime Minister, locally chaired by the Chairman of the Provincial People's Committee. The operating budget of the Command Board is due to the state budget of the same level.

What? 87.

1. This decree has been in effect since 10 December 2015.

2. The following Decree expires since this Decree is valid for execution:

a) Protocol number 51 /2009/NĐ-CP June 03, 2009 by the Government instructed to enforce some of the provisions of the Fifth Resolution. 19 /2008/QH12 June 3, 2008 of the National Assembly for the Sacrifice of the organization, foreign individuals purchased and owned housing in Vietnam;

b) The number 71 /2010/NĐ-CP June 23, 2010 by the Government regulating the details and guidelines for the implementation of the Housing Law;

c) Digital decree 34 /2013/NĐ-CP April 22, 2013 of the Government on the Management of the Home Use of the State House;

d) The digital decree 84 /2013/NĐ-CP July 25, 2013 the Government provides for the development and management of resettlement housing.

3. The content related to housing development (including the decision, which approved the investment of the housing construction project), which owns housing, management, housing use, housing transactions, state management of the housing regulated in the United States ' Congressable Congressas. The government, the decision of the Prime Minister, the statutes of the rule of law issued by the ministries, the industry, and the Provincial People's Committee issued before the date of this decree effective, which is different from the provisions of the provisions of this decree. This is the decree of this decree.

What? 88.

The Ministers, the Prime Minister, the Head of the Government of the Government, the Chairman of the Provincial People's Committee, the Central Committee of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung