The Decree 34/2013/nd-Cp: Home Use Management In State-Owned

Original Language Title: Nghị định 34/2013/NĐ-CP: Về quản lý sử dụng nhà ở thuộc sở hữu nhà nước

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THE GOVERNMENT.
Numbers: 34 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 22, 2013

DECREE

In terms of management of state ownership

____________________

Government Law Base December 25, 2001;

Land Law Base November 26, 2003;

The Civil Code base on June 14, 2005;

House Law School on November 29, 2005;

Management of the Law of Management; use of state property on 3 June 2008;

The French base favors the public with the digital revolution. 26 /2005/PL-UBTVQH11 June 29, 2005 and French Order No. 04 /2012/UBTVQH13 16 July 2012 amended, supplematuation of some of the provisions of the French Preserve with the Revolution;

At the suggestion of the Minister of Construction;

The government issued a decree on management of state-owned housing,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree specifies the details and guidelines for the implementation of a number of rules on management, use, leasing, leasing, and selling in the state owned housing.

2. The Housing Property of the specified state in this decree includes:

a) Home at the service;

b) The social housing is invested in construction by part or the whole source of capital from the state budget (the following is generally state-owned social housing);

c) The dormitory dormitory is invested in construction by part or the entire source of capital from the state budget or derived from state budget capital due to the management of the education facilities; the student housing the investment state built by the Prime Minister ' s Decision. The General Government (later known as a student housing);

d) Housing created by capital from a state budget or other ownership of other ownership is transferred to the establishment of a state property and is used for use by the purpose to stay in accordance with the rule of law, including the house in the self-governing body (later known collectively). It's an old house.

3. State properties are the public, headquarters, working houses, guest houses, service homes, and other types of state-owned houses that are not under the regulation of this decree.

What? 2. Subject applies

1. The tenant, the buyer, purchased the housing property.

2. The agency, the housing management unit, is owned by the state.

3. Individuals, organizations related to the management, use of the state-owned housing.

What? 3. The principle of management, home use of state ownership

1. The management of state-owned housing must be implemented unified, with close coordination, clear management accountability between the agencies, the relevant unit; the guarantee of maintaining and developing this housing fund.

2. The use of a state owned housing must be the right purpose, effective assurance, avoidance of failure, waste.

3. State-owned housing must be managed, which uses quality assurance and safety to the user in accordance with the provisions of the housing law, the law on construction and the relevant legislation.

4. The lease, rental, and sale of the state in the state-owned property must guarantee the right subject, correct condition and follow the provisions of this decree.

5. All behavior violations of management regulations, using state-owned housing must be processed in time, strictly under the rule of law.

Chapter II

THE HOUSE MANAGEMENT ORGANIZATION IS OWNED BY THE STATE

What? 4. Agency, state-owned housing management unit

1. The sovereign representative body for the state owned housing property was invested in construction by the central budget capital that is regulated as follows:

a) The Ministry of Construction is the owner-owned representative of the government ' s public affairs housing, the state-owned social housing that is invested in construction by central budget capital (not including the state-owned social housing owned by the Ministry of Defense, Ministry of Public Security). building) and student housing due to the educational institutions belonging to the Ministry of Construction are managing;

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, the Ministry of Public Security of the Ministry of Public Security, a student housing a student owned by the Department of Defense, the Ministry of Public Education, and the Department of Public Security. For the former housing Department, the Department of Defense is the owner of the department.

c) The ministries, the industry, the other central body is the owner-owner to the home in the work of being entrusted, the student housing the institutions of the education of the ministries, the industry, the central body is managing.

2. The Provincial Committee of the Provincial People (later known as the Provincial People's Committee) is the owner-owner for the state-owned housing types that are administered on the site.

3. The state-owned housing management agency 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, namely:

a) For the Ministry, the industry, the Central agency 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 home operating management unit is the organization or business that functions and expertise expertise in management, housing operation, regulated by the housing regulator at Section 3 This is assigned to the management of the management of the home runs through. the form of the designation or bid to carry out the management of the housing operation.

For teachers, doctors, medical personnel located within the 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.

What? 5. Rights and responsibilities of the home-owned home ownership representative

1. The representative body of the state-owned housing property stipulated at Clause 1, Clause 2 Article 4 of this Decree has the following rights and responsibilities for the assigned housing.

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 selection of the management unit, the housing operation;

c) Approved maintenance, 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 a state-owned housing property stipulated at Clause 1, Clause 2 Articles 4 of this decree can be assigned to the governing body of the state at Section 3 Article 4 of this decree exercise the right to rule at the point b 1 This Article. 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? 6. Rights and responsibilities of the state-owned housing agency

The state governing body of the state-governed state at Clause 3 Article 4 of this decree has the following rights and responsibilities:

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

2. Plan maintenance, renovation or reconstruction of the housing facility to provide the owner representative body to the housing that approx;

3. Set up, set, store home records and deliver 1 completed records (for new construction cases) or redrawing records (for the former housing) for the housing operating management unit;

4. Set up and the home-owner representative agency to decide who is hired at the job, decides who is hired, to rent a home in a state owned society, to decide who to be hired, to buy an old house. For the Ministry of Defense alone, the Ministry of Public Security has the authority to manage the right to decide who is hired, to buy, buy housing if delivered;

5. The home-owner representative body in deciding whether to manage a housing operation or self-determination to choose the operating management unit if delivered;

6. Base to the rule of law on price frameworks, rents, rent, housing prices in the state owned property to build rent, rent, sale prices in the management of the agency that are managing to present the owner of the owner to the housing that decides;

7. Report with the homeowner representative agency in the decision to recover the housing. For the Ministry of Defence, the Ministry of Public Security, the department of public housing, is entitled to decide whether to recover the housing if it is delivered.

8. Manage, audits, the leasing, warranty, maintenance, housing operation management and the implementation of the sale, lease-to-home rental at the stipulation of this Protocol;

9. Check out the earnings report, the financial details of the housing operating management unit;

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

11. General, report on the management situation, using the housing as prescribed.

What? 7. Rights and responsibilities of the state-owned housing operating management unit

1. Take over the housing fund provided by the competent authorities at paragraph 3 Article 4 of this decree handed over to carry out operation management under the provisions of this decree and the relevant legislation.

2. Make the lease and manage the use of the housing on the task of being delivered or under contract contracting with the housing regulator and by the regulations at this Decree.

3. Build, enact the Internal Use of Home Use in the direction of the Ministry of Construction and disseminate this Content Content to the tenant, the buyer, who uses the housing.

4. close management of the unsold home areas in the state-owned housing campus.

5. exploit the area used for business, services (if any) in a public housing project, a state-owned social housing under the rule of law to make up the cost of managing the operating management costs, maintenance of housing. The operational management activity at this paragraph is entitled to the same mechanisms as for the utility service.

6. Gather, store records relevant to the construction process, operation, warranty, maintenance, housing improvement; cases of insuffiation, recovery, redrawing, redrawing; have responsibility for delivery of birth records, supplematuation to the storage of storage housing in accordance with the following: regulation.

7. The organization of maintenance, operation, home renovation under the methodology has been granted the authority to approve.

8. Check out the timely detection and offer of competent authorities to handle the behavior in management, using the housing.

9. Coordinate with the local authorities in ensuring security, order for tenants, renting out housing.

10. Make house recall at the discretion of the competent authorities.

11. Overall, the periodic report or request for a sudden return on the management situation, using the housing.

12. Do other rights and obligations under the rule of law.

What? 8. 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 unit of the management of the housing operation implementation of the report with the body management authority at Clause 3 Article 4 of this Decree;

b) The housing management body performs a report with the housing owner body in the management housing;

c) The Provincial People 's Committee, ministries, disciplines, Central agencies are managing the state-owned housing fund reporting the Department of Construction on the situation of management, using housing within the management range of the Provincial People' s Committee or ministries, the industry, the Central agency said. There.

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

2. The regime and the report content are specified as follows:

a) The regulatory bodies at Clause 1 This 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;

b) The Ministry of Construction guidelines report ensuring the unification of the country's home database system, which imples the application of information technology in accordance with each of the development stages of the country.

What? 9. Money management from leasing, rental rental, home sale in state-owned property

1. The proceeds from the lease, the lease, the home sale in the state-owned property under the provisions of this Decree after the deduction of the cost of management and other valid expenses (including the cost to organize the sale, leasing the home purchase at your own rules). the law) is filed into the House Development Fund or to enter a private section of the budget of the Provincial People ' s Commission (for the unfounded locality of the housing development fund) to carry out the maintenance and development of the state-owned housing fund in accordance with the rules. After this:

a) Maintenance, home-owned housing renovation;

b) Reinvestment building in the state owned property.

2. The Ministry of Finance chaired, in collaboration with the Ministry of Procurement Specific Guidelines management, limb and use for proceeds from the rental operation, leasing, sale in the state-owned property of the state specified in Clause 1 This article guarantees public, transparent, Avoid loss, waste in management, use this source of funding.

What? 10. Serious acts in the management of home use are owned by the state.

1. Make the lease, lease, sell the house in the wrong jurisdiction or lease, lease, sell the house in the wrong subject, the regulatory conditions at this Decree.

2. Transfer the lease, rent out the housing or lease, loan the rented home, the lease is not correct.

3. Use the housing on the purposes not to stay.

4. Self-repair, renovation, demolition, rebuilding housing.

5. Use of rent, rent, home money at the wrong purpose of this decree.

6. Other serious offenses in management, use of housing in accordance with the rule of law.

Chapter III

MANAGE THE RENTAL, RENTAL RENTAL, HOME USE OF STATE OWNED HOUSING.

What? 11. Subject and lease conditions at work

1. The home at the service is only used to layout for subjects that have sufficient lease conditions to stay in the time of the work assurance; when the tenant expes the lease at the job or move to another residence or a job break, return home at work for the House. Water. The subject is employed at the site including:

a) The leadership officer of the Party, the State of the House is at home in the service during the time of the post of office;

b) Officer, civil society of the Party, State, political-social organization is dynamitated, rotated upon the request of work;

c) Officers, professional servicemen from the armed forces of the People ' s Armed Forces when being treated, served on a request for defence, security;

d) The teacher was sent to work in deep, remote-area communes, particularly difficult regions, border areas, islands; and more.

Doctor, medical personnel are sent to work in deep, remote areas, particularly difficult areas, border areas, islands, or alternated with a limited time to work in hospitals, lower-line health centers.

The case for which the subject is employed at a specified job at this point has family members of the same life (including the father, mother, wife, or husband, child and must have a household name with the tenant), plus an additional home area at the same decision. of the Prime Minister in terms of the standard of home use in the service.

2. The lease conditions at the service are specified as follows:

a) For the specified objects at Point A 1 This is located in the service at the request of security;

b) For the specified objects at Points b, c, d, and Point 1 This is that someone who has not had a home in his possession, has not been purchased, hired or hired by local social housing.

In case if the State has not had enough funds at the service to lease it, the organization is directly managing the handle that has the responsibility of renting out other housing that is equivalent to the standard of housing standards employed by the employer and from the payer's wages. Rent a house to pay rent here. Where the rent is higher than the price the tenant has to pay, the state budget pays the difference in the principle of the central budget that pays the cadre of the central body, the local budget pays for the staff. the local authority.

What? 12. Subject and charter conditions, rent-to-home rental social housing

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

a) The man with the decree of the Revolution in France gave him the right to the public with the revolution;

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

c) officers, professional servicemen from the armed forces of the armed forces from the state budget;

d) Workers working in the industrial sector, industrial clusters and manufacturing facilities, services outside of the industrial zone; and other sectors.

Low-income people, poor households have difficulty housing in urban areas;

e) People with disabilities, lonely old people and special subjects have difficulties home in the urban area. In the case of a handicapped, the lonely old woman, without income, was deployed at the State Social Protection Center of the State.

g) The subjects returned home in the service when the standard was run out of service at the service;

) Household, individual resettlement, unsettled housing or resettlement housing.

2. The conditions that are employed in the state-owned society include:

a) There is no home in its possession and has not been hired or rented out of a social housing estate, not yet supported by the State, the land is in all forms or houses owned by its owner but the cramped housing has a household average of less than 5 m. 2 The floor of the house, the floor of the house, or the house that is

b) There is a permanent residence or labor contract that has a term of one year or more and has a local social insurance on the lease.

Low-income people stipulate at the point of Article 1 This is that the non-person must pay a regular income tax in accordance with the law of personal income tax; the poor provision at the point of clause One This is that the household is in the norm. the Prime Minister 's position; the disabled, the elderly woman must have the confirmation of the House Committee on People' s Affairs, the town of residence;

c) The specified object at the point h 1 This Article does not apply the stipulation conditions at Point a, this Article b that is specified by the Provincial People's Committee specifically on the condition.

3. The conditions that are hired to buy houses in the state owned society include:

a) There are sufficient regulatory conditions at Clause 2 This. The subject of regulation at the point h 1 This is because the People's Committee of the Provincial Committee provides specific conditions;

b) Pay the first time the rent is purchased by 20% of the value of the rental house.

What? 13. Subject and charter conditions in state-owned students

1. The tenant who is hired by a state-owned student is a student, a student (later called a student) universities, colleges, professional high school, vocational college, and vocational high school. Where there is not enough room to stay on demand, the requirement is to make the rent in order of priority: Students are children of the family of the policy, which is a poor household, under the provisions of the State; the deep, remote, foreign, and student. Good. First year students.

2. The condition for students to be hired at the state-owned student property is to be attending the education facility (confirmed by the institution of education).

What? 14. The object and home lease conditions are owned by the state

1. The former home-owned object owned by the state is the person who is actually renting the housing and has the need to continue renting the housing there.

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

a) The case is in fact using the housing and the name in the lease of the house is not to re-sign the lease, except for the expiration of the lease at the end and the parties must sign the contract by regulation;

b) The case is in fact using the housing and without the name of a housing lease, but with a name in the distribution decision, the housing layout is required to sign the lease of the housing lease with the housing operating management unit;

c) The case is in fact using housing without the name in the lease of the housing lease and no name in the distribution decision, the housing layout, housing there is not a dispute then must be approved by the house regulator in writing and must manually sign it. The lease of the house with the operating management unit.

What? 15. The rent, rent and cost associated with the lease, rent of housing in the state owned property

1. For the home at work, the rent is determined by the principle of sufficient management, operation and maintenance costs, which does not charge the cost of depreciation capital investment and does not charge land use.

2. For a state-owned social housing, the rent is determined by the principle that the cost of ensuring that the costs of ensuring the return of capital is invested in a minimum of 20 (twenty) years, since the date of the lease, the cost of maintenance and not counting. You know, money uses land

A state-owned social housing lease is the cost of a purchase price guaranteed to be paid for a minimum of 10 (ten) years of maintenance, maintenance costs, and non-interest in land use. The buyer was purchased for the first time by 20% of the housing value, the remainder being filed in a minimum term of 10 (ten) years, since the date of the signing of the lease.

3. For the student housing, the rent is determined by the principle that the cost of management, operating and maintenance of the housing, does not charge the cost of depreciation capital depreciation and does not charge land use.

4. For the old housing, the rent is stipulated as follows:

a) The case of housing or non-origin housing was used before July 5, 1994 (the government's 61 /CP issue date of purchase and housing business) but has not been renovated, rebuilt, and applied the lease. The Prime Minister ' s decision on the lease of the housing lease was not yet renovated, rebuilt;

b) The specified housing case at the point of this has been renovated, rebuilt; housing or home-based non-housing but used by the following on 5 July 1994 applies the same rent as to the state-owned social housing.

5. For the condomiers being a state-owned social housing, the former employer is obliged to close the cost of managing the house operating there by regulation.

6. The Ministry of Constructs specifically instructs the tenant price of the state property specified in this Article.

What? 16. As long as it reduces the rent in the state ownership

1. Free, reducing the rent in the housing is done in the following principle:

a) Not done so long, reducing the rent of housing to the home at work, housing at the student; housing regulations at Point c and Point 1 Article 1 Article 22 of this decree;

b) 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);

c) The exemption, reducing the rent at the only one for the tenant. The lease of many houses owned by the owner of the state is only to be enjoyed, reducing the rent to a housing.

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

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 rent in the include:

a) The revolutionary activist before 1 January 1945;

b) The revolutionary activist from 1 January 1945 to the date of the uprising in August 1945;

c)

The mother of Vietnam.

The Heroes of the People's Armed Forces;

e) The hero labourers during the resistance;

g), traders, policymen such as wounded men;

) The infirmary.

i) Resistance is infected with toxic chemicals;

) The revolutionary activist, the prisoner of war, was imprisoned, exiled;

l) The active anti-war activist, the protection of the Fatherland and the international duty;

The man with the help of the revolution;

n) To the poor by the regulation of the poverty of the Prime Minister;

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

3. Level-free, reducing the rent on the subject of regulation at paragraph 2 This is done by the Prime Minister ' s Decision.

Poor households, people with disabilities, lonely people, and special subjects who have difficulties with housing in urban areas, if rented out, are reduced by 60% of the rent at the right hand; for poor households, this decrease is counted for household (not counting). for every member of the household.

What? 17. Contract of lease, home lease owned by state property

1. The lease, purchase of a state owned housing property must be done through a contracting contract with a housing operating management unit (if renting a housing) or signing with a housing management agency (if a tenant is rented). In the case of a service housing, the management unit of the home runs a lease with the tenant or signed with the agency that is directly managing the tenant at the service.

2. The lease, home-to-home acquisition, includes the following principal content:

a) Name and address of the parties;

b) Describe the characteristics of the housing (which has the location of the house of the housing, the diagram of the house at the lease);

c) The rent, the rent and the payment method.

For the old housing case, state-owned social housing records the amount of rent that is exempt, decreased (if the tenant is exempt from the object, decreased rent in the housing rent); for a state-owned social housing buyer, it must be noted the amount of rent. purchased the first time by 20% of the rental housing value and the amount to pay in the following times;

d) The term for rent, rent of housing; for the lease case, the lease term of the lease in the contract must be guaranteed a minimum of 10 (ten) years, since the date of the signing of the lease.

The right and the duty of the parties;

e) The pledge of the parties;

g) The principle of dispute resolution and the dispute resolution body;

h) Other agreements (if any);

i) The day, the month, the year of signing the contract;

l) The signatures of the parties.

3. The cases of the termination of the lease, the home-owned housing lease includes:

a) When the two sides finally end the lease, rent out the housing;

b) When the tenant is no longer under the object, it is allowed to continue to rent houses;

c) When the tenant dies, when no one is in the household (including the birth father, the mother, wife or husband, the child) is living together. For the house at a job where the person who is renting is dead, the house lease is entitled to an end to the lease.

For a housing lease case, the contract terminated when the tenant purchased the death without the legal heir or had a legal heir but the buyer was not able to make two-thirds of the lease period according to the regulation;

d) When the party rent, the lease does not pay the house rent continuously for three months without the correct reason;

When a tenant is hired, hire to pay for self-repair, op-ed, rehabilitate, or rent, rent, and rent.

e) When the tenant is hired, hires them to pay for themselves to hire, to buy it for others;

g) When the tenant is hired, the rent is severely damaged at the risk of collapse and the rent, the lease must move out of the place at the discretion of the competent authority or rent-based authority, the rental rental located in the area has decided to recover the land, release the facet or have the decision to tear down the state agency with jurisdiction;

h) When one of the unilateral parties terminate the lease, the rent is at the agreement of the agreement in the contract or by the rule of law.

4. The base stipulated at this, the Ministry of Construction stipulated the deadline of the lease on the lease for each type of tenant, and issued a lease on the lease, renting a home owned housing property to apply unity in the country.

What? 18. Profile and sequence, rental procedure, rent-owned housing property

1. The lease, home-to-home ownership of the state property including a lease, rent-to-home purchase (in the form issued by the Department of Construction), the ID ' s proof documents are exempt, reducing the rent in the housing and other documents that are relevant.

2. The time of the procedure for hiring, renting a home at a maximum of no more than 30 days, since the date of the home operating management unit in full of valid records.

3. The specific guide constructs regulation at this guarantee the principle of tight management, simple procedure, facilitation of tenants, renting housing.

What? 19. The rights and obligations of the lease, lease for home ownership of state property

1. Sign a lease, lease the home to the right subject, condition, proper use; terminate the lease, lease housing to the case of the termination of the contract stipulated at paragraph 3 Article 17 of this decree.

2. Get the rent, rent the house in full and on time. For the case of a tenant in the public directly contracting the contract without paying for three consecutive months, the management unit operating at the service requires the agency directly to manage the tenant at the job deduction from the person ' s wages. Renting out the housing rent; the agency that is directly managing tenants in the service must be liable to withhold the rent of the tenant to pay for the housing rent.

3. Make maintenance, management of the rental housing, lease for purchase by law on construction and law on housing.

4. Notice for the hired side, rent-out content content management outsourcing housing use to home housing, student housing, state-owned social housing, common for tenants, rental rental practices in apartment housing, house in villas (if the house is in the home) Renting, renting is an apartment house or a villas); says the governor, a check-on reminder of the lease, the lease of the right-to-rule, the rules.

5. For the state-owned social housing hire case, reimbursable 20% of the contract value (which is interest in the non-term interest rate of the state trade bank at the time of return) that the tenant buyer of this house paid for the first time in the school. The lease is no longer the need to rent a home there; it is the case in the time of the lease purchased by the tenant in violation of regulations at points d, e, and e Section 3 Article 17 of this decree, the lease is entitled to the right to return home and not complete. pay the amount of 20% of the contract value that the buyer paid for the first time.

6. Detection in time of infringed offenses in management, using the housing to handle the authority or offer the authority to review, process.

7. Resolve disputes, complaints related to the management, use of housing under the jurisdiction or offer of authority to review, resolve.

8. Make house recall in accordance with the recall decision of the competent authorities stipulated at this Decree.

What? 20. The rights and obligations of the tenant, rent-owned housing property

1. The right of the housing tenant:

a) to receive the hand of the house according to the agreement of the contract;

b) It is used in the lease of the house to the lease for yourself and the family members; the case is that the student home is used only for the student itself.

c) Proposition the management unit to be able to promptly repair the damage if it is not caused by a tenant's fault; facilitable the housing lease to perform the maintenance of the housing in accordance with the regulations;

d) The lease is continued to sign a lease at if the expiration of the rent that is still subject to the object and has sufficient provision of housing under the regulation;

The case of a home lease at a job that has returned home in a business without a home in its own or has not been hired, rented a home in society at the residence, is considered to be settled for purchase, rent or rent in society or by the People ' s Commission. the provincial level where the residence supports in other form is consistent with local practice conditions;

e) Perform other rights in accordance with the rule of law.

2. The right of the tenant to buy housing:

a) The rights specified at the points a, b and c 1 Article;

b) Be entitled to the right to lease the purchase as the procedure for granting the Certificate of Land Use Rights Certificate, property rights in and other property attached to the land (the following is generally the certificate) after having paid the rent of the house in accordance with the regulations;

c) Permission to carry out the transactions home after payment of all the rent to the rental party under contract signed and has been granted the certificate, but must secure a minimum lease period of 10 years, since the time of the signing of the contract. I rented a house in society. Where the lease for a tenant in less than 10 years is sold only to the State, the sale prices were not higher than the social housing price of the same type at the time of the sale;

d) Be reimbursable 20% of the contract value that the home-owned buyer in the state-owned society paid for the first time (which is interest in the non-term interest rate of the state trade bank at the time of return) when there is no longer demand and termination of lease. buy a house there, except for the specified case at the points d, e and e Section 3 Article 17 of this decree.

3. The obligation of the housing tenant:

a) Use the right house to stay in; keep the housing and the attached equipment (if any); it is responsible for repairing damage and damages caused by its faults;

b) Pay the rent at full, on time of the lease on the lease; the lease of the apartment apartment is a state-owned social housing, the old housing lease is required to submit the full cost of management, operating the housing. In the case of contracting the lease at the job, the agency is directly managing the tenant at the service, the agency is liable to extract the wages of tenants in order to pay for the housing operating management unit;

c) Not to be self-corrected, renovated, broken down, reconstructing the rental housing;

d) Not to be converted to use or lend or lease the housing in any form; the case is the old housing, the transfer of the lease of the housing authority to others must be agreed by the written consent of the housing and housing management agency. The lease must be made to sign the lease of a housing lease with the operating management unit in accordance with the rules;

) Accept of regulatory regulations, use of housing and decisions of the state authority with jurisdiction;

e) Accept the regulations on keeping sanitation of the environment and security, order in the area of residence;

g) Return the tenant when in breach of the agreements in the contract that the property must return home at or when the authorities have the authority to recover the house at or when the consumption of the rent is in accordance with the regulations;

h) It is true and full of rights and obligations that have specified in the lease of the housing lease;

i) perform other obligations under the rule of law.

4. The buyer ' s obligation to buy the housing at:

a) There are regulatory obligations at the points a, b, c, e, e, g, h, and Point 3 This Article;

b) Not to be leased, to rent, mortgage or transfer housing in all forms when not paid out of the rent and not enough time minimum is 10 (ten) years, since the time of the lease purchase lease at home, except for the sale of housing. It ' s a lease for the State to rule at Section 2 This.

What? 21. Regulation of management, home use of state-owned housing

The management, home use of the state-owned housing (including the established content and storage of housing records, warranty, maintenance, renovation, demolition of housing reconstruction) is regulated as follows:

1. The establishment and storage of the housing records provided by the housing management agency. The housing management agency is responsible for the delivery of housing for the management of the storage housing unit to serve in the management of the use, housing operation;

2. The warranty of the housing is done according to the regulation of the House Law and the Protocol to the Law of the Home Law;

3. The maintenance of the housing is done according to the rule of law on the maintenance of construction work and the law on housing. Housing maintenance includes maintenance, regular maintenance, periodic repairs, and groundbreaking repairs to maintain the quality of housing.

For the old housing that the State has sold in part or the entire area of its own use to the tenant by the Government ' s 61 /CP Protocol on the purchase and business of housing, this general housing owners must have the responsibility to contribute funds to preserve the portion. The area of common use in the house follows the principle of maintenance of the maintenance budget corresponding to the property owned by each owner.

4. The renovation, demolition of housing is carried out according to the regulation of the House Law and the statutes of the law that guide the renovation, demolition of the housing of the competent organ.

The housing case, which is renting out the authority of the authority over the quality control of the construction work, is severely damaged, and the risk of collapse is that the person who is renting is required to be required to move people and property out of the housing. The area of the house has influence to ensure the safety of the lives and property of the people.

During the renovation period, demolition to rebuild the home side of the house was not self-assured, and the house management authorities were responsible for the layout of other housing for tenants to ensure the conditions of housing use. The lease was resettling in the renovated residence, rebuilding under the lease of the contracting house with the housing operating management unit.

What? 22. The lease for rent to the housing and housing does not have its roots as housing but is deployed to stay after November 27, 1992 (the following is generally home in).

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 state budget from before November 27, 1992 (the day of the Prime Minister ' s 118/TTg decision date on the lease of the housing lease and put the rent on the wages) but later. 27 November 1992 newly completed, put into use and distribution for cadres, employees hired by this Decision;

b) The case of people renting housing but having to move the business, the tenant must return the rental housing and is given the state authority to rent another home 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 case was used for use between 5 July 1994 and before 19 January 2007 (the date of the issue of Decision Numbers). 09 /2007/QĐ-TTg of the Prime Minister about rearranging, handling the house, the country owned by the State House.

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

a) For the specified housing case at Points a, b and Point 1 This has not yet been rebuilt, applying the lease as the Prime Minister ' s stipulation on the price for rent in the state-owned housing property has not been renovated, rebuilt; if At the point of regulation at the points a, b and Point 1 This is already renovated, rebuilt, and applying the rent in the state property.

b) For the specified housing case at Point 1 This is the rent applicable as for the state-owned social housing.

3. For the cases of housing use since 19 January 2007, the implementation of the settlement in the management of the state property is owned by the state property.

What? 23. State-owned housing recovery cases

1. Sell the house at the wrong authority, not the right subject, is not correct the regulation stipulated at this Decree.

2. For the rental of housing, the practice of home recovery is when there is one of the following cases:

a) The housing lease is not right jurisdiction, not the right subject, not the right condition stipulated at this decree;

b) When there is one of the specified cases at paragraph 3 Article 17 of this decree;

c) When a tenant returns home in a rented house;

d) Other cases by law.

3. For the rental of housing, the practice of home recovery is when there is one of the following cases:

a) The lease of the housing purchase is not correct, the subject is not correct, nor the specified condition at this decree;

b) When there is one of the specified cases at the points a, c, d, e, e, g and point h 3 Article 17 of this decree;

c) When the tenant buys it back in the rental house;

d) Other cases by law.

4. The Ministry of Construction Guide, the procedure for the recovery of housing regulations at this.

Chapter IV

MANAGEMENT OF THE HOME OWNERSHIP OF THE STATE

What? 24. The regulation of the non-owned housing type is sold

1. The state does not make a state-owned housing sale for the following types of homes:

a) Housing, housing, housing, social housing, state-owned housing, except for provisions in paragraph 2, paragraph 3 Article 25 of this decree;

b) Housing is in the area of construction planning housing, the planning of building the focus of the state ' s focus;

c) Housing has decided to revoking the land of the competent organ to renovate, rebuild into new housing or to build other buildings;

d) The house with no origin is the housing but is working as a housing and the right of course to take care of, rearrangement of the home, the state owned by the Prime Minister ' s decision;

The housing is in the planning, the plan to use as a public housing, public office, a working office that has been approved by the authorities; the housing that is associated with historical-cultural heritage has jurisdiction over the provisions of the law of cultural heritage;

e) The apartment house is severely damaged, down to the risk of collapse has had the conclusion of the authority of the authority on the quality of the construction of the construction work; the unclosed apartment building has not been renovated by the State, except where the tenant has reformed itself. Before the date of this Decree was effective for enforcement and the use of independence, voluntarily, there was consensus through the proposed text of the proposal purchased and the apartment was not within the damaged general house at this point;

g) The villa is in the category of non-owned villas sold which 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 listed villas, after the Provincial People 's Provincial Committee reported the Prime Minister, these villas were also managed according to the criteria that the Provincial People' s Committee had stipulated and had reported the Prime Minister before Parliament Day. This place is in effect.

2. For the non-representative housing sold in Clause 1 Article, when the State imples this housing process, it is based on every particular case, the tenant is resolved under the current policy of housing, land.

What? 25. The regulation of the object purchased and housing conditions in the state ownership of the property is sold.

1. For the former in the sold area the object is purchased and the housing sale conditions are specified as follows:

a) The buyer must be a person named in the lease of the housing lease, which has closed the lease at full according to the regulation, which has the offer to buy housing and housing there is no dispute, complaint;

b) If the former residence of the property must establish a full-population ownership under 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 stipulated the settlement of some specific cases of the state during the implementation of state administration policies and the policy of socialist reforms before 1 July 1991. The state has the authority to complete the procedure for establishing a full-population ownership by regulation prior to the execution of this house;

c) The right-to-home sale case is not the housing but used to be used to stay before November 27, 1992, the housing sector has to guarantee the conditions: The land that has positioned itself as a stand-alone campus is independent or able to 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 for use of 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.

2. For the home at the site, the student housing the State no longer needs to use or the colony must move to another location under the approval-approved authority that the house is not part of the demolition to build another structure, the ministry said. The Central Industry and the Provincial People ' s Committee are managing the housing department to report the Department of Appraisal to the Prime Minister to allow the transformation of the capacity to use and implement the management of use by the rule of law on state property management. Water or semi-housing in the direction of the Ministry of Construction.

3. To the state-owned social housing that is due to ministries, the Central Industry and the Provincial People ' s Committee which has the need to sell to reinvest in other social housing, the Research Building, the Government considers, the policy decision, The mechanism for sale to this kind of housing.

4. The set of specific guidance constructs at this.

What? 26. The home sale agency is owned by the state

The representative agency rules on Clause 1, paragraph 2 Article 4 of this decree is responsible for the sale of housing and the delivery of the regulatory authority at Point a, point b 3 Article 4 of this Protocol performs the sale of housing in the home ownership. According to the decree of this decree.

What? 27. The sale prices are in state ownership

1. The housing management agency established the Board of Sellers Valuation at the representative body of the property in regulation at Clause 1 Article 4 (if the housing authority is managed), the body representative body of the property at the regulation at Clause 2 Article 4 of the Company. This decree (if the local housing manager) approx prior to the implementation of the housing sale.

2. For the old housing house (which does not distinguish the case of buying a housing or buying more housing) then the house sale prices include home money and land use is prescribed as follows:

a) The home money is determined based on the remaining value of the housing and the value adjuvant value; the remaining value is determined according to the remaining quality rate of the house in the nucleus (x) with the new construction price at the newly issued provincial committee. performance at the time of the signing of the purchase and kernel (x) contract with the area using the housing. For the IV-level housing that the tenant has dismantled, reconstructing before the date of this Decree is valid, the remaining value of the house is calculated as zero (zero);

b) The use of land 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 purchase and base to the location of the land, the floor is as follows:

-For housing in many floors there are 10% of the land price while transferring the right to land and allocation for the floors according to the corresponding floor coefficiers;

-For housing on a floor and home in many floors with a residence, the villa has a household or so many households are calculated at 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 the rest of the land. The land that exceeds the extent of land by the Provincial People's Committee is 100% the price of land.

The case for the villa has many households, land area to calculate the use of the land of each household, including: The land area of its own use is not disputed; the land area of the building house is allocated to the households by area using the house of each household. application to the number of floors; the land area of common use within the grounds of the mansion house is allocated to the common household use (in the number of households using the mansion house). The charge of the use of the land of each of the households is made from the area of the building land that houses many households, and then compacts other 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;

c) The old housing case when construction has a portion of the individual ' s and of the collective without the origin of the state budget, the housing purchase is calculated as follows:

-For the home money it is done by the stipulation at this point a purchase but the buyer is minus the amount of money that has built the previous home (calculated on the percentage of the amount that has contributed to the value of the decision when building the housing construction);

-For the use of land, it is in accordance with the stipulation at this point b.

3. The Ministry of Constructs specific guidelines for the method of determining the remaining value of the housing; the system that regulates the value of the housing system; the allocation of the number of floors when transferring the rights to the land to the multi-story house, many of the former housing.

What? 28. Principles for free, reducing buying housing in state ownership

1. The home-owned home purchase includes money using land and home money.

2. Free, reducing the use of land must secure the following principles:

a) The exemption, reducing the amount of land use when the home sale is owned by the state property only once for a housing buyer; the case of a person who is entitled to a number 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, reducing the amount of land use on the case of purchase at the specified property at Point c and Point 1 Article 22 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 delivered as a housing estate or has been supported to improve housing in pre-date of this Decree effective. It ' s not going to be granted, reducing the use of the land when it comes to purchasing the house in accordance with 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 implement a reduction in the funds to the case of purchase at the specified site at Point c and Point 1 Article 22 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 home purchase. 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? 29. The subject is exempt, decreased and long-free, reducing buying housing in state ownership

1. Subject is exempt, reducing the amount of land use when purchasing a state owned housing includes:

a) The person with the public revolution in paragraph 2 Article 16 of this decree;

b) Household on the regulation of the poverty of the Prime Minister;

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

2. Level-free, reducing the use of land for homebuyers of the specified object at paragraph 1 This is done by the Prime Minister ' s Decision.

Poor households, people with disabilities, lonely elderly people and special subjects who have difficulties with housing in urban areas that are reduced by 60 percent of the land use must submit; for poor households, this decrease is calculated for both households (not counting each member). in the household.)

3. The object is reduced from home funds when purchasing a state owned housing includes:

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) Symbolic Subjects at Points a, b, c, and this provision are sent to work in enterprises with foreign investment capital, industrial zones, manufacturing zones, economic representative offices, trade established and operations in Vietnam, countries, and other countries. the diplomatic representation agency, international organization or NGOs, news agency, press, radio, foreign television based in Vietnam and 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 1995;

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.

The papers to determine the subject of the housing are reduced and the actual time of work to charge the housing money was made by the Prime Minister's decision.

4. The decline of home money when purchasing a state property is regulated 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 person with the revolution, 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 according to the Government ' s prescribed minimum wage. decreased 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 those of the poor, it is a reduction in the household of the household (not counting on each member of the household).

What? 30. Water acquisition contract in state ownership

1. The purchase of the state owned housing must be made through the contract purchase contract in the middle of the housing management agency with the homebuyer. The housing purchase contract includes the following principal content:

a) Name and address of the parties;

b) Describe the characteristics of the housing (address, type of home ...);

c) The sale price and method of payment; specify the amount of money that is exempt, decreased (if the object purchase is exempt, reducing the purchasing money in);

d) the rights and obligations of the parties;

The pledge of the parties;

e) The principle of dispute resolution and the dispute resolution body;

g) Other agreements (if any);

The day, and the month, and the year of the signing of the contract;

i) The signature of the parties.

2. The base stipulated at Clause 1 This article, the Ministry of Construction regulations and issued contracts for home-owned housing sale to apply unity in the country.

What? 31. Presentation, home-selling procedure in state ownership

1. Presentation, the home sale procedure is done as follows:

a) The buyer of the housing must file a proposal for the purchase of the housing unit at the management of the housing operation;

b) The managed housing operation unit is responsible for receiving the profile, setting up a list of housing buyers; when a complete set of valid documents is required to report a home management agency to show the owner of the housing department at the decision of the sale of housing;

c) Based on the decision to sell the housing agency ' s housing sale, the unit of the management of the housing operation informs the buyer who knows the specific time to sign the purchase of the housing purchase with the housing management agency;

d) The time for the sale of the housing sale is no more than 45 days, since the date of the management of the home operating management unit in sufficient valid records. This time does not count on the time the agency has the authority to implement the certificate level.

The granting of the certificate to the person who bought the housing is carried out in accordance with the provisions of the law on the certification level. The agency with the authority granted the Certificate of Certificate to submit a list of housing buyers has been issued and a copy of one (01) the certificate for the housing management agency to follow.

2. The Ministry of Concrete Constructs regulations on the sequence, the procedure of selling the house at the regulation at this, ensuring the strict principle of the case, simply on the procedure, quickly over time, faciliteit the buyer of the housing.

What? 32. The rights and responsibilities of the housing department are owned by the state

1. Make the sale of the housing in accordance with the procedure, procedure and the time stipulated at this Decree and follow the guidelines of the Ministry of Construction.

2. Requie the buyer pay a home purchase and file a full amount of financial obligations under the prescribed and correct term in the contract purchase contract.

3. Prussia turns the regulatory content that uses housing for buyers for housing as apartment apartments or villas.

4. It is responsible for the procedure to recommend a state agency with the authority to issue a Certificate of Certificate for the purchase after the completion of the housing purchase procedure.

5. Do not ask the party to submit additional paperwork in addition to the prescribed housing purchase filing.

6. Make other rights and obligations under the rule of law.

What? 33. Rights and obligations of the home buyer of state property

1. The sale of the home side makes the right sequence, procedure, and the time of the house sale in accordance with the regulation.

2. Be exempt, reducing the deposit of housing if subject to the object and eligible for exemption, reduced by regulation at this Decree.

3. Requied the seller of documents relating to the housing in accordance with the deadline of the agreement in the housing purchase contract.

4. Pay enough home purchase by the time the deal is agreed upon in the housing purchase contract.

5. Blisters are full of financial obligations regarding the purchase of the housing sale at the rule of law.

6. The seller's request for a procedure to recommend a state agency with the authority to grant a Certificate of Certificate to the housing purchased and receive a certificate.

7. Do other rights and obligations under the rule of law.

What? 34. The sale of the sale to the housing and home is not of the housing but deployed to stay after November 27, 1992.

1. The home case was used for use between 27 November 1992 and before July 5, 1994, when it was sold to the following regulations:

a) The housing conditions are sold:

-Housing must not be defined at Clause 1 Article 24 of this decree, without a complaint dispute, which is consistent with the planning of housing construction and the tenant with the need to purchase;

-For the type of house that does not have the origin of the housing, it must guarantee the conditions: This housing must separate from the campus, the agency, which has its own walkway, does not cover the facade, the agency, does not affect the space, the surrounding landscape. Around, it has to be consistent with local and local land use planning, the unit has no need for use.

b) The housing price is made in accordance with the regulation at paragraph 2 Article 27 of this Decree.

2. The home case was used for use between 5 July 1994 and prior to 19 January 2007, the practice sold to the tenant following the following regulation:

a) The seller must ensure the conditions stipulated at the Point of One Article;

b) The home sale price includes:

-The home money is determined according to the proportion of the remaining quality of the house (x) at 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) contract with the use area;

-The land use is calculated by 100% of the land price at the price sheet issued by the Provincial People's Provincial Committee effective at the time of the purchase of the purchase contract (not to be distinguished from the extent of land at or outside of the ground level).

3. The cases purchase at the regulation at Clause 1, Clause 2 This is not exempt, reducing the housing money.

4. For the house not originating as housing but has been deployed as a housing estate without qualifying for the regulation at Clause 1, Clause 2 This is resolved under the law of state property management of state property.

What? 35. Resolve the share of the general use and land area adjacent to the state-owned housing.

1. For the housing case there are many households where the State has sold out the entire area of its own use for households but has not sold part of the housing area, land in general use within the housing grounds, if the person is in possession of the entire housing area. bought with the need to buy the entire area of this common use, the solution is as follows:

a) The buyer must submit money to the house and money using the land for this common use area;

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 took effect at the time of the signing of the purchase.

2. For the land area adjacent to the state-owned housing property that when doing sale of housing prices at or when making a home sale at the Government ' s 61st /CP Protocol on the purchase and housing business in but the State has yet to address the use of use. The land for the buyer is in fact using the house there, or when the state does sell the house in accordance with this decree, addressing the area of the adjacent land as follows:

a) Transfer the right of land to the land area adjacent to the state-owned housing property if the area is not contested, the complaint and the planning of building housing;

b) The land use of land is calculated as 40% of the land price on the ground level in terms of soil levels, 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. The house is bought and the land is adjacent. Land prices to charge land use are applied according to land prices issued by the Provincial People's Provincial Committee effective at the time of recognition of land rights to the adjacent land area.

For the land outside the state owned housing, it is made to collect money on land by law on land.

3. For the case of building housing on the vacant land on the state-owned housing campus that is consistent with the housing construction planning and no dispute, the person is using the state recognized by the State for the use of the land; the proceeds of land use. In this case, it 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 implementation of the land use.

4. For the share of the common use of the housing area that the housing owner does not buy, the housing management body performs management under the regulation of this Decree and according to the law on housing.

5. The provincial People's Committee is based on regulation at this and the actual situation of the locality is responsible for issuing specific regulation on the case, sequence, procedure of resolution on the specified cases at this Article.

Chapter V.

THE ORGANIZATION.

What? 36. Ministry of Construction

1. Specific regulation and guidelines of the content of this decree.

2. Host, in collaboration with the ministries, the industry and the provincial People's Committee to implement the implementation of the provisions of this decree.

3. The director of the Department of State management of the Department of Public Administration management of the government's public housing fund, state-owned social housing is invested in construction by central budget capital; direct management of educational institutions that are tightly managed at birth. The educational institution is in charge.

4. Help the Government to oversee the implementation of the rights of the owners of the ministries, the central sector for the state-owned housing that is administered.

5. Great, watch, check, inspect the rental management situation, lease the purchase and sell the housing property on the country ' s coverage.

6. Procsent by jurisdiction or recommended authority to handle infringed offenses on the management of use, leasing, leasing, selling housing in the state owned property.

7. Report the Prime Minister on the management situation, using the state-owned housing as defined by this decree; the proposal for revision, the addition of regulations on state-owned housing management to suit the actual situation.

8. Do other tasks by the provisions of this decree and when the Prime Minister is delivered by the Prime Minister.

What? 37. The responsibility of the Provincial People ' s Commission

1. Command of the local authorities perform the management of the state-owned housing fund on the site by the regulation of this decree and the relevant legislation; direct the relevant authorities of the local coordination closely in the marketing of the local government. The home fund is self-governing and the implementation of the sale, lease, lease, and lease of the housing, as defined by this decree.

2. Board or decide the cost of rent housing, rent, rent in the state-owned social housing, housing rent at the student, the former residence of the local jurisdiction.

3. The base at the construction of the Ministry of Construction, which issued the sale process, lease the housing property to the tenant on the site; instructs the authorities with the authority to make the purchase procedure, lease the housing purchase and the granting of certificates to the person. buy, rent out a simple guarantee of the procedure, quickly over time, facilitrisome home buyers.

4. Directed the Construction Department of the State-owned housing operation management service to enact the application for both the housing and local housing agencies built on the site.

5. Public publication on the electronic information portal (Website) of the Provincial People's Committee and of the House Department of Civil Affairs Building properties that are not part of the property sold on the site.

6. London governors, check out the implementation of a state-owned housing fund management (including housing owned by the non-qualified state owned or not eligible for sale); plans and mechanisms that encourage economic components to participate in the sale of funds. Renovation of the renovation, reconstructing the non-owned housing that was sold or the person who was renting, guaranteed a safety requirement, raised the quality of the accommodation and contributed to the urban makeup in accordance with the strict management principles, ensuring the conservation of capital investment.

7. Report of the Ministry of Construction on the management situation, using the state-owned housing as defined by this decree.

8. Procellate by jurisdiction or recommended authority that handles violations of management, use, leasing, leasing, selling in state-owned property.

9. The board decided to revoking the state-owned housing property that was entrusted to the management and organization of the recall organization (including the state-owned housing authorities) in the case of the tenant, the lease was not paid for. back home after having a decision to recall the authority of the competent authorities.

10. Do other tasks according to regulation at this decree and the law is relevant.

What? 38. The Service of the Ministry, the relevant sector

1. The ministries, the relevant sector responsible for carrying out management, using the housing are being entrusted with the right regulation of this decree and the guidance of the Ministry of Construction; enacted or decide the cost of rent at the service, the student housing, the rent, the purchase price. State-owned social housing is governed by the Ministry, the industry is governed by regulation; the Ministry of Construction reports on the management situation, the use of housing that is administered under the regulation of this decree; the treatment under the authority or the authority to recommend the authority to handle the actions. Management violation, use, rental, rental, home sale.

2. Ministers, the former home-funded industry urgently must urgently transfer the house to the Provincial People's Committee to take over the provisions of this decree, except for the former residence of the Ministry of Defense. The transfer was carried out in accordance with the right of the right of the housing, the housing and the person who was using the housing at the time of the delivery, the simple guarantee of the procedure, quickly over time, facilitated the agencies, the organization involved. in the delivery and reception of the housing.

3. Coordinate with the Ministry of Construction and the Provincial People ' s Committee implementing the provisions of this decree.

4. The Ministry of Finance is responsible for coordinating with the Management Department of Management, using money for rent, leasing, selling housing in the state-owned property and a utility service mechanism for home operations management operations in the state-owned property to the agency. Housing management and related agencies.

Chapter VI

EXECUTION CLAUSE

What? 39.

1. This decree has been in effect since 6 June 2013.

2. This decree replaces the following text:

a) Decree No. 61 /CP on 5 July 1994 of the Government on the purchase and business of housing;

b) decree number 21 /CP on 16 April 1996 by the Government on the revision, the addition of Article 5 and Article 7 of Decree No. 61 /CP on 5 July 1994 of the Government on the purchase and business of housing;

c) Number Resolution 23 /2006/NQ-CP September 7, 2006 of the Government on a number of solutions to expeditiate the home sale of the state property to the tenant by regulation at Decree No. 61 /CP on 5 July 1994 of the Government;

d) Resolution number 48 /2007/NQ-CP August 30, 2007 of the Government on the Adjustment Of a number of home-selling policy content to the tenant by decree No. 61 /CP on 5 July 1994 of the Government and the price for rent in the state owned property was not yet established. Renovation, rebuilding.

3. Repeal the following texts and regulations:

a) 188 /1998/QĐ-TTg September 28, 1998 by the Prime Minister for the sale of the mansion in Ho Chi Minh City; Decision No. 189 /1998/QĐ-TTg September 28, 1998 by the Prime Minister for the sale of the mansion in Hanoi;

b) Repeal Articles 23, 24, 25, 26, 27, 28, 29, 30, 37, regulations at Clause 1 Article 38, Clause 1 Article 39 and regulation of state-owned social housing management at Article 40 of the Decree. 71 /2010/NĐ-CP June 23, 2010 by the Government regulating the details and guidelines for the implementation of the House Law;

c) Repeal regulations on management, use, leasing, leasing and selling in the state-owned state owned by the Prime Minister, Ministry, Industry and the Provincial People ' s Committee issued before the date of this Decree effective but contrary to the provisions of the Parliament. Hey.

4. Continue to make a state-owned housing sale under the policy of Decree No. 61 /CP on 5 July 1994 of the Government on the Purchase of the Purchase and the housing business for the cases filed a proposal to purchase the former residence before the date of this Decree effective. The execs where the house is eligible are sold under the rules of this decree.

What? 40.

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