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The Decree 71/2010/nd-Cp: Detailing And Guiding The Implementation Of Housing Law

Original Language Title: Nghị định 71/2010/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành Luật Nhà ở

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The DECREE detailing and guiding the implementation of the law on GOVERNMENT housing pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on housing, November 29, 2005;
Pursuant to the law No. 34/2008/QH12 about amendments and supplements Article 126 of the Housing Law and article 121 of the law of the land on June 18, 2009;
Pursuant to the law No. 38/2008/QH12 about amendments and supplements to some articles of the Law concerning the basic construction investment on June 19, 2009;
Considering the recommendation of the Minister of the construction DECREE, chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some of the content of house property, housing development, manage the use of housing, housing transactions and manage the State of the housing provisions in housing Legislation. 2. The object of this Decree apply to be applied for the following objects: 1. organizations and individuals in the country; Vietnam people settled abroad; organizations, foreign individuals to invest in housing development in Vietnam;
2. organizations and individuals, House property, use and participate in transactions in Vietnam;
3. the management authority of the State of the housing sector;
4. organizations and individuals, not specified in clause 1, 2 and 3 of this article but have the activities related to the housing sector. 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. the commercial housing is housing due to the Organization, the individual in the economic investment component built for sale, rental demand and market mechanisms;
2. Social housing is housing by the State or organization, the individual in the economic construction investment for the object prescribed in article 53, article 54 of the law and the provisions of this Decree, buy, hire or hire-purchase by the mechanism due to State regulation;
3. public housing is housing construction investment by the State for the objects specified in article 60 of the Housing Law and the provisions in this Decree during the rental service in accordance with the Laws and decrees;
4. Villa in the municipality as a separate housing (or the housing is origin are used for other purposes), the garden courtyard, fences and separate entrance, main floor number no more than three storeys (excluding the covered deck stairs, roof and basement), there are at least three sides of the House looks out to the yard or garden , an area of the building does not exceed 50% of the land area, were identified as urban functions in urban planning was approved by the authority;
5. Apartment is home from two floors above, there are walkways, stairs and system for common use infrastructure for many households and individuals. Condo has a private owned area of each household, personal, of the owner and the owned area of the condominium owners;
6. purchase of Rental social housing is the housing purchase rental payments before a certain sum as agreed in the contract, the remaining amount is calculated the rent and the rent to buy pay monthly or pay periodically. After the expiration of the leasing and hire-purchase has paid off the rent shall be the competent State Agency certificates of ownership for that House.
Chapter II housing DEVELOPMENT 1. HOUSING DEVELOPMENT PROJECTS in article 4. The type of housing development project in housing development projects includes two categories: 1. housing development projects with the aim of investing in the construction of technical systems, social infrastructure, investment in home building and other structures under the approved plan (hereafter referred to collectively as the residential development project-project level I) , in which the technical infrastructure works because the investor level I make construction; houses and other buildings (level II projects) due to the owner level I or level II Investor make investments;
2. housing development projects with the aim of building an investment only buildings independently or a cluster of buildings, including public buildings have mixed use buildings, offices, commercial centers, services (hereafter referred to collectively as the buildings have mixed use) on the ground has technical infrastructure systems (project grant II in the residential development project defined in paragraph 1 of this article or in the new urban area) or housing development project in renovated urban area (hereinafter referred to as project develops independent housing).
Article 5. Requirements for housing development projects 1. Before investing in the construction of housing (including houses built in the new city), the investor must suggest State agencies have the authority to approve investment (except to select the investor tenders according to the provisions of article 15 of this Decree), held up , appraisal, approval of development projects pursuant to the housing housing Law, this Decree and the regulations of the relevant law.
2. Before the establishment of the housing development project, the owner is held up and the people's Committee of authority where there is a housing development project approval of construction detailed planning 1/500 ratio according to the provisions of the law on construction planning, except in cases where the project has detailed build rate of 1/500 and the investor does not have to propose adjustments or the case not detailed planning 1/500 rate building according to the provisions of the law on construction planning.
The sequences, procedures, evaluation and approval of construction detailed planning 1/500 is made according to the provisions of the law on planning and construction of this plan must be publicized as defined in article 81 of this Decree.
3. the housing development project must conform to land use planning, the planning of urban construction, rural settlement planning, urban design, in line with the housing development programs in each stage of the locality and meets the requirements for housing development to the provisions in article 24 , Article 25 and article 26 of the law on housing. 4. The design of homes in a housing development project in accordance with the construction standards, standards and design criteria, individual houses, Villa provisions in housing Legislation and this Decree.
5. for residential development projects must be constructed system of technical and social infrastructure systems; for housing development projects independently, they must guarantee the connection with the technical infrastructure of the area.
6. content of records development projects including housing part presentation and part the basic design was established according to the provisions of article 6 of this Decree.
Article 6. The content of project records development of housing 1. Content profile residential development projects include: a) the part of the project:-the name of the project;
-The need for and the legal basis of the project;
-Objectives, form of investment; location construction; the scale of the project; land use needs; the natural conditions of the area of the project;
-Perform solution: compensation, clearance, resettlement (if available); plans to use the technology to build; construction standards, standards applicable to the project; environmental impact assessment; the fire plan, fire; the solution of technical infrastructure and connecting with the common infrastructure of the area; the ability to use the social infrastructure of the region;
-Public parking Places and parking place for households and individuals living in the project area after completion of the investment in housing construction (including bike, car for the disabled, two-wheeled motor vehicles, cars);
-The area of construction of social infrastructure (kindergartens, schools, health, services, sports, leisure, entertainment, parks), except where the area of the project there have been social infrastructure works;
-An area of land set aside for the construction of social housing (if available);
-Number and percentage of the type of housing (including houses, villas, apartments), the total floor area of housing; product consumption approach (the number of houses for sale, lease or hire purchase);
-The proposed mechanisms applicable to the project (in terms of land use, finance and other mechanisms);
-Time, project progress (progress under each stage) and project management forms;
-Total investment, resources, forms of financing, repayment ability, the ability to recover the capital;
-The responsibility of the State for the construction of public works infrastructure outside the fence and go through the project;
-The transfer of works not reimbursement;
-Projects management organization, operating mining projects and public works in the project (Organization, forms management, service fees).
b) part of base design project:-part of the basic design: brief introduction of the location of the project; the system works the technical infrastructure of the project, connecting with the technical infrastructure of the area; environmental protection projects; the fire plan, fire; the architectural approach of the project's first phase composition;
-The basic design drawings: drawings of the premises project, cross-sectional drawings, drawings of the premises and the main bearing structure solution of the construction of the project first stage composition; drawing of technical infrastructure of the project connected with the technical infrastructure of the area.
2. The content of the project profile independent housing development including: a) Part of the project includes the content defined in art. 1 of this article, except the requesting State construction investments infrastructure outside the fence and go through the project and identifying the works delivered not reimbursement;
b) part of the project design is made according to the provisions of the law on construction.
3. The evaluation of the basic design of the housing development project defined in clause 1 and clause 2 of this was done under the provisions of the law on construction.
Article 7. Competent evaluators, project approval, approval for investment in housing development projects 1. For housing development projects are invested by the State budget shall comply with the following rules:

a) case of housing construction using local budget capital investor must then held up the project to the President of the provincial people's Committee, the central cities (hereafter referred to collectively as the provincial people's Committee) evaluation and approval. Based on the specific conditions of the locality, the Chairman of the provincial people's Committee may authorize the Chairman of the district people's Committee, district, town, city in the province (hereinafter referred to as the people's committees at district level) evaluation and approval of the housing development project has the level of capital below the 30 billion.
-Prior approval of housing development project, the Chairman of the Committee or the Chairman of the provincial people's Committee at district level (if authorized) is responsible for organizing the project appraisal. Time evaluation and approval of housing development projects must not exceed 45 days from the date the competent State agencies get the sheet of the owner attached project profiles.
Department of construction do clue receiving records and hosted, in cooperation with the relevant bodies of the Organization of the local project appraisal in housing development to the President of the provincial people's Committee approval; the case of the people's Committee Chairman granted the district is authorized to approve the housing development projects, the Agency has the function of housing management districts do clue receiving records and host project appraisal;
b) case of housing construction by the central budget funds the allocated unit invested in writing project proposals where the provincial people's Committee has approved a project to invest in housing development projects with the contents specified in point b of paragraph 2 of this Article before the establishment of the project , unless project by the prime investment decisions.
After the written approval of the provincial people's Committee, the owner is responsible for project to process the investment decisions and assessment organization approved the project. Time had provincial people's Committee approval to invest a maximum of 30 days, the time of the evaluation, approved the project a maximum of 45 days from the date the competent State agencies receiving application rules;
c) content decision approved housing development projects specified in point a and point b of this paragraph include:-the name of the project (residential development projects or housing development project independence);
-The name of the owner; investment objectives, investment form;
-The location of the project; the scale of the project, the area and boundaries of land use, population size;
-Technical infrastructure: roads, power supply, plumbing, garbage disposal, contact information, prevention of fires; the social infrastructure works: kindergartens, schools, health, services, sports, leisure, entertainment, parks (if available);
-Rate and the number of the type of housing (including houses, villas, apartments); the object was to rent and the housing rental price;
-Public parking area and garage for households and individuals living in the project area after completion of the investment in housing construction;
-Total investment of the project;
-Time, project progress (progress made under each stage);
-Rights and obligations of the owner;
-Scheme governing the operation and exploitation of the project, condominium management after construction (structure, form of management, the type of service fee).
2. for housing development projects (excluding housing development project of the investor's level II) was built with investment capital not from State budget (irrespective of the scale of land use), then follow the following rules: a) the owner must have the papers submitted to the provincial people's Committee has the approval of investment projects development home stay; in the case of the housing development projects under 500 scale House (includes houses and cottages, houses, apartments), the owner of people's committees at district level to have the investment approval, except in the case of an investor's choice of tenders stipulated in article 14 of this Protocol;
b) text approved project investment in housing development as defined in point a of this paragraph and the housing development projects specified in point b of paragraph 1 of this article include:-the name of the project (residential development projects or housing development project independence);
-The name of the owner, unless the owner selection bidding provisions in article 14 of this Protocol;
-Objectives and forms of investment; location and scale of the project; an area of land use; the scale of the population;
-The construction of infrastructure works; social infrastructure works: kindergartens, schools, health, services, sports, recreation, amusement parks (if available);
-Rate and the number of the type of housing (individual houses, villas, apartments); the total floor area of housing;
-Alternative consumption: sale, leasing, hire purchase (highlighted area, the number of houses sold, hired or hire purchase);
-Public parking area and garage for households and individuals living in the project area after completion of the investment in housing construction;
-Land area devoted to investing in the construction of social housing (if available);
-The responsibility of the owner and the responsibility of the local authorities;
-Time, project progress (progress made under each stage);
For the residential development project, they must have added the content: scheme delivery works for local infrastructure after the end of construction; responsible for building the social infrastructure works (if due to the local government building, they must specify the time limit for the Government to complete the construction of this time limit, if the owner made building or calling other participating investors to build the social infrastructure works);
c) people's Committee of the people's Committee of the provincial or district level are responsible for the examination and approval of investment in writing within a maximum of 30 days from the date of the owner's work sheet attached project profiles;
d) after investment approval, the owner is responsible for the organisation, evaluation and approval of housing development projects under the investment approval, the provisions of this Decree and relevant laws.
3. in case the housing development project (regardless of investment capital and land use scale) has a total housing from apartment 2,500 or more (including villas, houses, apartments, including new housing and mixed-use purpose) then the owner have a responsibility to establish the newspaper suggested the Committee level the consideration to the prime investment undertakings approved housing development project (the project for development of housing or housing development project independence) before setting, appraisal and approval of projects.
Within 10 working days from the date of receiving documents of the owner, the provincial people's Committee has the responsibility to check and have written opinions of the Ministry of construction, Ministry of natural resources and environment, Ministry of planning and investment and the Ministry of Finance on some content : land use planning, building planning, time, the progress of the project, the rate of housing types, the capacity of the investor and the related issues are the responsibility of the State management of the Ministry before the Prime Minister. Time to take the comments of the Ministry specified in this paragraph is 20 days from the date of the owner's work sheet, the Ministry has the responsibility to reply opinion of the provincial people's Committee within the time limit prescribed in this paragraph.
The Prime Minister's record includes: sheets of the owner's proposed provincial people's Committee reported the Prime Minister approved investment guidelines, the provincial people's Committee's process of approval by the prime investment undertakings residential development projects (or project independent housing development) presents the content as specified in point b of paragraph 2 of this article, the construction plan of 1/2000 has been approved by the authority and the opinions of the provisions in this paragraph.
Within a maximum of 10 days, after the opinion of the Prime Minister, provincial people's Committee has a written notice to the owner held up, evaluation and approval of housing development projects under the provisions of the law on construction and this Decree; the case of the housing development projects using the State budget, the owner held up the project for submission to the competent agency evaluation and approval under the provisions of paragraph 1 of this article. In the case of the housing development projects due to the prime investment decisions, then The build host evaluation and the Prime Minister for approval.
4. in case the housing development project was approved that the owner has proposed a change in the content: investment objectives; the scale of the project; an area of land use; the number of houses; the progress of the project, the investor must have written to recommend competent State bodies specified in paragraph 1, paragraph 2 this additional approval of the content of the project before construction; If the project has a total housing from apartment 2,500 or more (including villas, houses, apartments, including new housing and mixed-use purpose) then the owner have to suggest the provincial people's Committee had reviewed and approved the opinion newspaper additional content development projects of houses General Government (residential development projects or projects of independent housing development). Time out additional approval is 20 days from the date of receiving the written recommendation of the owner or of the provincial people's Committee.
The building regulations sample: the sheet of proposed owner people's Committee of the people's Committee of the provincial or district level approval of investments stipulated in paragraph 2 of this Article; the owner of the newspaper suggested the provincial people's Committee reported the Prime Minister approved investment guidelines and the process of approval of investment undertakings housing development project of the provincial people's Committee, the Prime Minister specified in paragraph 3 of this article; project approval decision pattern, the pattern of investment approval prescribed in clause 1 and clause 2 of this and guide the implementation of the provisions of this Article.
Article 8. Implementation of the housing development project

1. The investor housing development projects must comply with the provisions of this Decree, housing Law and regulations of the law on building when making investment in building housing. 2. Investor housing development projects have to apply for a building permit before construction of houses and other structures of the project, except in cases that are free of construction permit under the provisions of the law on construction.
3. for residential development project, the investor must build system technical infrastructure according to the content of the project has been approved. In the case of construction of social infrastructure works according to the decision approving the project or investment approval of competent State authorities, the owner must follow the right content and progress of the project has been approved or approved investment.
4. The investor level I of the residential development project is the transfer of land use rights has the technical infrastructure for the investor level II to build houses after there was public works infrastructure corresponds with the content, the progress of the project and must comply with the content of the project has been approved content, investment approvals of competent State agencies. The investor level I is responsible for managing the technical infrastructure of residential development projects when not yet delivered to the local government, power and water supply made to the investor level II housing construction and inspect, monitor the compliance of planning , architecture, content of investment that the competent State agencies has allowed the construction progress and the technical projects within the scope of the project the investor level II.
5. The investor level II is not proposed State Agency has the authority to approve investment but must make to build housing and other structures according to the content of the contract of transfer of land use rights with the owner level I compliance, planning, architecture, the progress of the project has been approved and investment content that State agencies have the authority has allowed the investor level i. level II owner case have violations on planning, construction, content, order of investment in the process of building houses and other structures, the investor's level I have the right to request the investor level II to pause the build and the reporting to the competent authority to handle this violation.
Article 9. Mobilization of capital to invest in the construction of housing 1. The case of the owner housing development projects, new project (the investor level I) in need of raising capital to invest in construction of infrastructure for the area of housing construction and the housing construction in urban residential area which then only be financed according to the following form : a) contracted loans of credit institutions, investment funds or issued bonds under the provisions of the law to mobilize capital for investment in housing construction; Parties for loans or bond purchaser not purchase priority or priority purchase of housing;
b) capital contribution contract or contract of investment cooperation with the investor level II aims to transfer the right to use land with infrastructure owner for the level II;
c) contracted capital contribution or text, contract, investment cooperation documents with the Organization, individuals to invest in the construction of houses and parties involved raising capital or parties to cooperate just divided the profits (in cash or in shares) or the product is divided on the basis of the national housing fund under the agreement; in case the parties agreement to divide the product housing is the only owner is divided for objects in an owned housing in Vietnam under the provisions of the law and must comply with the rules on the number of houses divided referred to in point d of paragraph 3 of this article;
d) business cooperation contract with the business functions of business real estate for construction of houses and parties to cooperate just divided the profits (in cash or in shares) or production sharing is housing under the agreement; in case the parties agreement to divide the product's housing must comply with the rules on the number of houses divided referred to in point d of paragraph 3 of this article;
DD) financed from cash advance home purchase of objects of ownership housing in Vietnam under the provisions of the Housing Act through house purchase contract form in the future.
2. in case the investor housing development projects (including level II owner in housing development projects, urban, housing works had mixed use) needs to mobilize investment capital to build houses, only to be financed according to the forms prescribed in the point a , c, d and DD account point 1 of this article.
3. The owner specified in clause 1 and clause 2 of this when implementing capital mobilization to build houses must comply with the following conditions: a) for cases specified in point b of paragraph 1 of this article, the owner only be contracted capital contribution or investment cooperation contract with the investor level II after the clearance of project and have made construction of infrastructure works project. After the technical infrastructure works corresponds with the content and progress of the project, the investor's level I was signing the transfer of land use right for the investor level II.
In the case of level II owner in need of raising capital to build houses on the land or the assignee of the investor level I then only be contracted capital mobilization after there were transfer of land use rights with the owner level I, there is agreement in the contract on the investor level II are seeking funding to build housing and have enough conditions to mobilize capital prescribed in this paragraph; case of land use rights transfer from owner to owner level I level II under the provisions of the law of the land, the financing must be the owner level I agree in writing;
b) for cases specified in point c of paragraph 1 of this article, the owner only to be signed, or capital contribution contract documents, investment cooperation documents after there was a housing development project was approved, have made construction of housing and public works announced for building Facility where the housing development project as defined in point e this paragraph;
c) for cases specified in point d of paragraph 1 of this article, the owner was only contracted to cooperate after it had approved housing project, have made the clearance, has delivered a report on the boundary of the project and has informed the Department building where housing development project as defined in point e clause.
Cases of parties to cooperate are production sharing is housing that needs selling, renting the House that cannot directly purchase and sale contract, lease which by the owner (the party has the right to use the land), a contract directly with the buyer, who qualified after the rental stipulated in this clause; in the case of parties to cooperate has received delivery of housing and has a certificate of ownership for the Housing Division shall be directly signed the purchase contract, rental house that under the provisions of this Decree and Law;
d) for cases raising capital in the form prescribed in points c and d clause 1 of this contract but in the production sharing agreement in the House, the owner is just divided up for other forms of financing not exceeding 20% of the number of houses in each project (calculated on the total number of commercial housing project level I or the housing development project independence is not the project level II) not through real estate transactions, but must notify the Department building where there is a housing development project to validate according to the provisions in clause 1 Article 60 of this Decree; the number of houses left in each project owner must do sell, lease as prescribed in point e point this clause and DD;
DD) with respect to the case of financing in the form prescribed in paragraph 1 of this article, the DD point the owner was only house purchase contract after the technical design has been approved, the House has finished building the part of the nail House, completed the sale procedure through the real estate transaction as prescribed by law for any business estate and announced for the Department building where there is a housing development project as defined in point e clause.
The construction of complete housing foundations (including the housing works have mixed use) regulations at this point is defined as the stage has finished construction parts so enraged Castle foundations (including the section background processing if available) or to the ground floor of the lowest floor of buildings and technical test according to the provisions of the law of construction;
e) for financing in the form prescribed in points b, c and DD account 1 so the owner must inform in writing the Department building where housing development projects known at least 15 days, until the contracted capital mobilization.
In the written notice must specify the form of raising capital, the total amount of capital mobilization; the case of financing in the form specified in point b of paragraph 1 of this article, they must specify land will transfer, name of the owner to receive the transfer of land use rights; the case of financing in the form specified in point c of paragraph 1 of this article, they must clearly state the name and address of the Organization, individuals involved in raising capital, investment cooperation, if there is agreement to divide the product is housing it must clearly state the amount, the type of housing will split, the name and address of the Organization individuals are divided in the House; the case of financing in the form prescribed in paragraph 1 of this article must be Ridin stating the amount, the type of housing (individual houses, houses, villas, apartments) and the address of the House will sell. The owner is only contracted capital mobilization or housing purchase contract when it has had enough of the conditions specified in this article.

4. Investor housing development project must use which had mobilized the right purpose built housing development projects that are not being used, the number of which had already been mobilized to other purposes or used for the development of other housing projects. The case of improperly financing the form and does not meet the conditions specified in this contract signed with no legal value and capital mobilization dealt under current rules.
The Build Guide to financing specific provisions in this article.
Article 10. The end of the first phase construction of a housing development project at the end of construction investment, investor housing development project must implement the following requirements: 1. Report the people's Committee of the people's Committee of the provincial or district level where there are projects on the results of the project; for housing development projects subject to approval of the prime investment undertakings the Government according to the provisions in paragraph 3 article 7 of this Decree, the owner must submit a report to the Ministry of construction;
2. Improve the profile, the document archive to serve under the provisions of this Decree, housing Law and construction law;
3. Make company as defined in article 11 of this Decree;
4. Delivery of technical infrastructure works and social infrastructure for local authorities or specialized management organs according to the content of the project has been approved or accepted investment;
5. the report under the provisions of the law on finance;
6. Do the procedures to the competent agency certificates of ownership for housing, construction works within the scope of the project for the owner;
7. In collaboration with the local Government to solve the problems of the Administration in the area of the project;
8. Governing operation of the works is not handed over to local authorities or to the specialized agency.
Article 11. Company in housing development projects 1. For residential development projects, the client must implement the following provisions: a) the organization collecting the entire system for infrastructure, social infrastructure if due to owner build according to the content of the project has been approved and guarantees required under the provisions of the law on construction. In the case of the housing development project has component projects shall perform testing technical infrastructure systems and works under each project component;
b) procedure to be granted the certificate of conformity of quality of works under the provisions of the law on construction;
c) organization providing project management services.
2. for the development of independent housing, the owner must make the following regulations: a) testing of the entire system of technical infrastructure works, the prevention of fire, explosion, wastewater treatment system, waste of the project;
b) testing the quality of buildings and other structures in accordance with the law on construction;
c) procedure to be granted the certificate of conformity of quality of works under the provisions of the law on construction.
3. project profile housing development and documenting trials, handing the work specified in this must be stored in the unit and project management at the Department of building (if the housing development projects by the provincial people's Committee approval or approved investment); housing management agencies at the district level where the project (if by people's committees at district level approval or approved investment) to track, test.
Section 2. COMMERCIAL housing DEVELOPMENT article 12. The investor of the project development of commercial housing 1. Investor housing development project trade (Investor housing development projects and investment in housing development projects) include: a) domestic business was established and operated according to the regulations of the corporate law;
b) 100% of the enterprises of foreign investment capital, business venture with foreign investors; Vietnam's enterprises settled in foreign investment activities in Vietnam under the provisions of the investment law;
c) cooperatives are established and operate in accordance with the law on cooperatives.
2. eligibility to be registered as the owner of the project to commercial housing development: a) must have a business registration or certificate of real estate investment real estate investment activities and have sufficient capital in accordance with the law of Vietnam;
b) invested in his possession to the project No 15% lower than the total investment of the project, the scale of land use under the 20ha, not 20% lower than the total investment of the project, the scale of land use from 20ha.
Article 13. The choice of the investor housing development project of trade 1. The choice of the investor housing development projects were implemented according to the following form: a) the tender selected investor housing development projects in the area of trade has not made the clearance according to the provisions of article 15 of this Decree;
b) auction of land use under the provisions of the law of the land;
c) specify the owner for the following cases:-A plot of land to commercial housing development but within the time limit specified in paragraph 2 of article 14 of this Decree, only one investor has enough of the conditions specified in article 12 of this Decree shall register as owner;
-Investors have the legal right to use land under the provisions of the law of the land, in accordance with the planned construction of the House, has enough of the conditions specified in article 12 of this Decree and have text register as owner;
-In the case prescribed in clause 5 Article 73 of this Decree.
2. for the case to be chosen as the investor housing development projects not through bidding form specified in point b and point c of paragraph 1 of this article, the owner must make petition approved and held up investment, appraisal, approval of housing development projects as defined in article 7 of this Decree.
Article 14. The investor selection bidding project for development of commercial housing 1. Based on the housing development programme of local, provincial people's Committee has the responsibility for directing the public disclosure on the electronic portal (Website) of the provincial people's Committee and of the construction of the following content to the investors have registered establishments involved made the project development of commercial housing : a) the planning of urban construction, rural residential point of 1/2000;
b) location, boundaries and area of the land to commercial housing development on the range;
c) conditions of use of the land (or rent, lease, land resettlement arrangement fund; the price of land of each area and the financial obligation that the owner must submit the prescribed);
d) planning requirements, the architecture, the number and types of housing, the technical infrastructure, social infrastructure and other structures within the scope of the project; the progress of the project;
DD) overall approach on compensation, clearance, resettlement (if available);
e) asked about the operation and exploitation of the project after construction is completed;
g) tender participation conditions the choice of the investor in housing development projects;
h) time of receiving tenders.
2. within 30 days from the date of the provincial people's Committee to publicize the information prescribed in paragraph 1 of this article, if two or more investors are eligible under the provisions of article 12 of this Decree have text sent registered construction invested in housing development projects, the Department of construction are published on the Website of the Department of investor list, notify the investors know to prepare bids and report the provincial people's Committee organized a tender selection of the owner as specified in this article.
3. Conditions for investor bids: a) Must be qualified under the provisions of article 12 of this Decree;
b) has a total investment of the project by the investor himself proposed in tenders not lower total investment of temporary projects outlined in the tender (hereinafter referred to as the price floor);
c) suggestions about the content of the project as defined in point b of paragraph 2 article 7 of this Decree;
d) have the ability to mobilize capital and other resources to implement the project;
DD) Have tenders according to the provisions of paragraph 4 of this Article;
e) Filed the tender guarantee funding equivalent to 3% of the price floor regulation in the bid.
4. Tenders include the following papers: a) proof of the legal base, expertise, experience, financial capacity and other conditions as specified in paragraph 3 of this article;
b) A presentation and site map shows the economic solution-techniques to implement the requirements specified in paragraph 1 of this article; the content of investment approval of competent State agencies if an in clause 11 of this;
c) capacity and the advantages of owner (if any) when assigned owner housing development project. 5. Pursuant to the provisions of paragraphs 1, 3 and 4 of this article, the Department is responsible for building up and releasing bid; tender must clearly state the requirements as specified in paragraph 1 of this article, the floor price of the project and other related requirements.
Investors buy tender, tender preparation and submission of tenders accompanied by funding to ensure the bid at the building where the housing development project. Time limit for receiving tenders is 20 days, after the expiry of the disclosure of information prescribed in clause 2 of this and are recorded in the bid; in the case in an defined in art. 11 of this Article, the time limit for receiving tenders be counted since the people's Committee of the district-level investment approval.
After receiving tenders, construction Department is responsible for the provincial people's Committee established the nest owner selection specialists, issued specific regulations about the bidding organization and the regulation of the work of professionals. The nest expert is responsible for building the evaluation criteria, the particular scale on the basis of the content of the tender and the requirements specified in paragraph 1 of this article for review, grading for each bid.
6. eligibility to tender selected investor housing development projects: a) two or more investors are eligible to the provisions in clause 3 of this bids;

b) planned construction ratio of 1/2000 approved;
c) Have the overall approach on compensation, clearance, resettlement;
d) have organized the auction.
7. The selection of the investor housing development project in the trade is done through international bidding form or tender in the water. The method and process of bidding selection organization investor housing development projects are applied as for case selection bidding project investors have other land uses.
8. after the tender results, the expert has written notice results for building Facility to report the provincial people's Committee to review the decision, the choice of the investor housing development project. In case the project authority approved investment of the provincial people's Committee in deciding the selection owner The provincial people's Committee, make always the approved investment; If the project is not under the control of investment approval Committee provincial level shall comply with the provisions of paragraph 11 of this Article.
Time limit bidding organization choose the investor housing development project a maximum of 90 days from the date of receiving construction bids.
9. within 30 days from the date of the selection decision investor housing development projects, have a responsibility to repay the secured funding bid for investors have submitted bids but was not chosen as the owner; for the chosen investors invested shall be reimbursed expense guarantee bid within a period not exceeding 10 days from the date of tender Side get guaranteed investment project by the investor (the equivalent of from 5% to 10% of the total investment of the investor of choice). In case investors violated the provisions of the provincial people's Committee on organizing the tender the tender guarantee budget is transferred to the State budget.
10. The case after three months from the date a decision is the choice of the investor that the investor does not make the provisions of article 7 of this Decree, the provincial people's Committee to cancel the results of bidding for tender again.
11. where the project is not under the control of investment approval of provincial people's committees shall follow the following rules: a) for projects approved under the authority of the people's Committee of the district level then after the expiry of the disclosure of information prescribed in clause 2 of this The provincial people's Committee, is responsible for sending opinions approved by the Investment Committee at district level. The time limit for sending the provincial people's Committee and district-level people's committees have written approval to invest a maximum of 30 days, since the expiry of the disclosure of information prescribed in clause 2 of this Thing.
After the written approval of the Investment Committee at district level, the Department of construction of receiving tenders and the provincial people's Committee established the nest owner selection specialists to conduct the procurement according to the provisions of this Article; the time limit for receiving tenders are made according to the provisions in clause 5 of this article, the time limit for tender are made according to the provisions in paragraph 8 of this Article;
b) with respect to the project authority approved investment policy of the Prime Minister, the provincial people's Committee must submit the opinions specified in paragraph 3 of article 7 of this Decree. The time limit for comments and reply comments is 20 days from expiration after disclosure of information prescribed in clause 2 of this Thing.
After obtaining the opinion of the relevant Ministry, the Department of construction of receiving tenders according to the time limits prescribed in clause 5 of this Article. Within 10 days from the end of the time limit for receiving tenders, the provincial people's Committee to have the newspaper suggested the Prime Minister approved project investment advocates develop housing attached to the opinions of the ministries concerned, the list of investors submitted bids and construction plan of 1/2000.
After the opinion approved by the Prime Minister, provincial people's Committee organized a tender as defined in this report and the Prime Minister on the results of the bidding.
12. the selected unit invested in housing development projects is responsible for the organisation and the process of due diligence, approval of construction detailed planning 1/500 rate as defined in article 5 of this Decree, the organization created the evaluation and approval of housing development projects as defined in article 7 of this Decree and the approval of investments of the competent authority.
Article 15. Rights of owner project for development of commercial housing 1. Requested competent authority providing the information of the project development of commercial housing.
2. Made the rights of land use under the provisions of the law of the land. For the investor level I is the transfer of land use rights has the technical infrastructure works for the investor to investment grade II building in accordance with the provisions of this Decree.
3. the chosen form of project management.
4. Enjoy preferential policies according to the provisions of the law.
5. sell, rent housing and the construction works within the scope of the project under the provisions of this Decree, housing Law and law on real estate business, excluding the infrastructure works are transferred by decision of the competent State bodies.
6. Made of other rights prescribed by law.
Article 16. Obligations of the owner housing development project of trade 1. Held up, appraisal, approval of the housing development project and made the building in accordance with the provisions of this Decree, housing Law and legal texts are concerned by the competent State agencies; project implementation schedule and content of the project has been approved or allowed additional.
2. Publicly available information related to the housing development projects as defined in paragraph 3 to article 36 of the Housing Law after the decision approving the project.
3. Raising capital to build in accordance with the provisions of article 9 and article 60 of this Decree.
4. the celebrated case, foreign individuals investing in the construction of houses to rent investment certificate by the competent authorities of Vietnam and the housing development project has been approved, the owner may not sell the House in it.
In case the investor level I made the transfer of land use right for the investor level II shall only be signed the transfer of land use right after you already have the technical infrastructure works corresponds with the content and progress of the project has been approved.
5. With regard to the housing development project in the city, town or urban planning development of city, town, the owner may not assign the right to use the land in the form of sale have yet to build housing for households and individuals, which the investor must make to build houses for sale under the provisions of the Decree This; as for the other case shall follow the provisions of the law of the land.
6. Set aside land to build housing have invested to build technical infrastructure system in the project of commercial housing development, new urban areas to build social housing as specified in paragraph 2 to article 32 of this Decree.
7. Procedure to the competent State Agency certificates of land use rights, ownership of housing and other assets associated with land for housing built for sale and handed the papers relevant to the housing for the buyer in time to a maximum of 50 days from the date of delivery of housing to the buyer, unless the buyer voluntarily check the certification proposal.
In the case are allowed to build houses on land leased by the State to sell the objects is the Organization, individuals in the country, the Vietnam settled abroad in an owned housing in Vietnam must do the procedures to the competent State agencies to recognize the right to use land in long-term stability for buyers and investors must pay money use of land for the State under the provisions of the law.
8. housing warranty according to the provisions of article 74 of the law and of this Decree.
9. maintenance of rental housing fund in his ownership (if any) and the technical infrastructure works, social infrastructure have not yet delivered or not delivered within the scope of the project in accordance with the law.
10. the implementation of the operations management services use housing, infrastructure systems engineering and other related services in the scope of the project in accordance with the law; management works has put into exploitation according to tasks or when not yet transferred to the public service organizations or specialized management institutions.
11. The governing body of the regional security project has been put into use and when the business has not transferred the management of local government administration.
12. the presiding Admin Board condo Housing Law's regulations and rules on the management of the use of the apartment by the Ministry of construction issued.
13. Implementation of the provisions of article 10 and article 11 of this Decree.
14. Make the financial obligations and other obligations under the provisions of this Decree and relevant laws.
Category 3. DEVELOPMENT and PUBLIC housing FUND MANAGEMENT article 17. Housing development in the public service 1. The housing development project the public service includes the following three categories: a) housing development project the public service due to the provincial people's Committee decided to let the audience in an local hiring managers;
b) housing development project the public service due to the Prime Minister decided to let the audience in an central hiring managers;
c) housing development project the public service by the Ministry of public security, the Ministry of Defence decided to let the audience in the Ministry of public security, the Ministry of defence after the rental management is Prime for investment.
2. selecting investor housing development project in the public service: a) the provincial people's Committee decided to select the owner for the housing development project defined in art. 1 of this article;
b) Prime Minister's decision to select the owner for the housing development projects specified in point b of paragraph 1 of this article;

c) Ministry of public security, the Ministry of Defence decided to choose owner for housing development projects specified in point c paragraph 1 of this article.
Article 18. Establishment, evaluation and approval of the housing development project the public service 1. The content of public housing project development service was established under the provisions of article 6 of this Decree.
2. for the housing development project the public service due to the provincial people's Committee decided to invest the building Department, in cooperation with the relevant bodies in the local project appraisal before the Chairman of the provincial people's Committee for approval. The case of the people's Committee Chairman granted the authorization for the Chairman of the people's Committee at district level investment decisions (for projects under 30 billion) are made according to the provisions in clause 1 of article 7 of this Decree.
3. for the housing development project the public service due to the prime investment decision, the Ministry of construction, in coordination with the ministries concerned project appraisal to the Prime Minister for approval.
4. for the housing development project the public service due to the Ministry of public security, the Ministry of Defence decided to invest, the Ministry of public security, the Ministry of defence took the opinion of the Ministry of construction, Ministry of natural resources and environment, the Ministry of finance and the Ministry of planning and investment before the appraisal and approval of projects.
5. content approving housing development project the public service are made in accordance with point c of paragraph 1 of article 7 of this Decree.
6. With regard to the areas in remote areas, particularly difficult areas, border areas, Islands, you can mix the investment building in the public service in construction project based work, school or medical facility and can make on-site construction of head office work , school or medical facility there, but to have fences delineate the boundaries of the public sector in the public service and the work place.
Article 19. Construction investment in acts 1. For public housing was built to the layout for the object in the local area, then hire management using investment capital from the local budget.
Based on the demand for housing in the local public service, provincial people's Committee has the responsibility to plan capital the same level people's councils to decide. For the local in an annual assistance from the central budget that has the capital building in the public service must then report the construction Ministry to coordinate with the Ministry of finance, the Ministry of planning and investment, the Prime Minister's decision.
2. for public housing was built to the layout for the object in an central agencies hiring managers (including House of Ministry of defence and the Ministry of public security), then use the investment from the central budget.
The Agency assigned to build public housing service for objects in an central agencies hiring managers have a responsibility to send a message about the need for capital construction in the public service for the Ministry of construction to host, in cooperation with the Ministry of planning and investment and the Ministry of finance capital planning process the Prime Minister to decide.
3. construction investment in acts are arranged from the following sources: a) to the central budget according to the decision of the Prime Minister; local budgets according to the decision of the provincial people's Council;
b) from money House sale and transfer of land use rights for an area of the House, the land was assigned to do the House work but no longer needs to use according to the decision of the Prime Minister.
Article 20. Building land fund in the public service 1. The people's Committee of the authority responsible for determining the land to build public housing service specified in clause 1 of article 17 of this Decree on the area when held up, land use planning, the planning of urban construction, rural settlement.
2. the assigned Agency building in the public service for the audience in an central agencies hiring managers have the responsibility to inform the housing needs of the public service for the Ministry of construction to coordinate with the provincial people's Committee building land fund defined in the public service and put into the planning land use plans of the local.
Based on the requirements of the Ministry of construction, the provincial people's Committee has the responsibility for planning, land use planning and layout of land fund to build in the public service under the provisions of this Decree.
3. Free use of land for land is allocated to implementation of the public housing development projects.
Article 21. Types of standard buildings and public service buildings in area 1. The House in the service area of the standard, quality and consistent with the objects of use, ensure the objects are conditional hire completing assigned tasks.
2. Officer, servant leadership positions as member of the Politburo, Deputy Prime Minister and equivalent or over to rent a home in the public service are arranged kind of rental home villas. Other objects are arranged to rent the apartment or House in lower floors (individual houses, a lot of floor space) for less developed area condominium.
3. Public service including: houses, villas, condominiums, individual housing, housing a lot of floor space. The standard of housing area by the Prime public service regulations and be adjusted to suit each period of socio-economic development of the country following a proposal of the Ministry of construction.
4. The construction of specific guidelines to design and model the typical design of these types of houses in the public service as defined in this Article.
Article 22. Construction investment in acts 1. The design, estimating, choosing consultants design, home building contractor in the public service must comply with the provisions of the law on construction and management of legislation, using the State budget.
2. home design consultant in the public service to apply the regulation on standards of design, construction technology solutions and use reasonable material to ensure the goal of progress, quality and lower the cost of construction.
Article 23. The object was the rent in the public service 1. Leading cadres of the party and State in an at home business in time assume the Office.
2. Officials and public servants in the bodies of the party, State, social-political organizations are rotated or maneuver has a time limit as determined by the competent authorities from the local central, from local or Central from local to other local eligible prescribed in article 24 of this Decree shall be rent in the public service in the duration of the service.
3. Officers, professional military personnel in the armed forces of the people being served at the request of Defense and security.
4. teachers are sent to work in the remote areas, Township Department especially hard, border areas, Islands.
5. Doctors, medical personnel were dispatched to region work areas, particularly difficult region, border areas, Islands or be sent alternately have time limit down the work at the hospital, the Medical Center.
Article 24. The condition is the rent in the public service 1. The object prescribed in clause 1 Article 23 of this Decree are arranged on request public housing security.
2. Objects in the interface defined in item 2, 3, 4 and 5 to article 23 of this Decree was assigned to public housing rental is not available in the home who owned her, not yet purchased, rental or hire purchase of local social housing where to work.
Article 25. Arrange, layout and sign a contract for the rental in the public service 1. In an object clause 1 Article 23 of this Decree are arranged to rent in the public service according to the decision of the authority. The Ministry of defence, the Ministry of public security decided the rental objects are in the public service in an administrator.
2. Objects in an public housing rental is defined in item 2, 3, 4 and 5 to article 23 of this decree must have the recommended single tenant in the service of the Organization, where the bodies are.
3. The Agency held where people in need of public housing rental service are the work of a single set of recommendations the rent in the service of the objects specified in item 2 of these and have the text send units assigned public housing management service.
4. the decision to base the layout of public housing authority, the Ministry of public security, the Ministry of defence for cases prescribed in paragraph 1 of this article; menu of the tenant in the text and the Agency's recommendation, organizations are directly managing the tenant in respect of the case prescribed in clause 3 of this article, the unit was given the housing management service made a contract with the housing rental or rental contracts with the Agency are directly managed in tenant. Article 26. The price for the rental in the public service 1. Public housing rental rates are determined according to the following rules: a) Calculated the costs necessary to carry out the management, operation and maintenance of the process used in the home (not including depreciation of capital construction);
b) does not charge use of land;
c) public housing rental Rates be reviewed, adjusted in years.
2. Pursuant to the rules prescribed in paragraph 1 of this article and the method of determining the price of public housing rental service under the guidance of the Ministry of construction, the building Department is responsible for building and the provincial people's Committee issued the framework for public housing rental service to apply uniformly. On the basis of the frame by the provincial people's Committee issued, the House Administration in the public service the people who decided to invest in housing rental price approval of public service management by themselves.
Article 27. Payment of rent in the public service 1. Who are tenants in the public service has the responsibility to pay the rent in accordance with the content of the signed lease and fit the time State salary payment as specified. The case of the tenant does not pay rent for three consecutive months, the management unit operating the public housing service has the right to request the Agency is directly managing the tenant in the service deductions from the salary of the tenant to pay the rent; the Agency is directly managed in tenant is responsible for deducting wages of the tenant to pay the home operate management units in the public service.
2. Case management unit operating the public housing service signed a lease with the Agency are directly managing the tenant in the public service, the agency responsible for excerpts from the tenant's wages in order to pay for the unit to operate the housing management service.
Article 28. Use the housing management service

1. public housing is only used to rent. The management, maintenance, improvements in the public service are made under the regulation on management, maintenance, and improvement of State-owned housing.
2. Who decided to invest in housing development projects the service decided to select units of public housing management service after the completion of the construction.
3. Operate the housing management service to be enjoyed as mechanisms for public services under the guidance of the Ministry of finance.
The Ministry of construction regulations and guide the management, using public housing to apply uniformly throughout the country.
Article 29. The rights and obligations of the tenant in the public service 1. Use the correct housing purposes, are responsible for keeping the House and the attached property; not be renovating, repairing public housing service.
2. Not be converted or rent back the House in any way and must return the housing units to public housing management service within three months since no longer have to rent public housing service or when no longer needs public housing rental service.
3. The object was assigned public housing rental service is charged monthly in rent under the provisions of article 27 of the Decree. The payment of the expenses of serving other activities performed under the provisions of the law.
4. public housing used to stay for themselves and family members.
5. With respect to the case in the public housing rental look but yet have public housing service to arrange the rental agency, organizations are directly responsible for staff management to rent housing for them with equivalent standards of housing standards in the public service for which they are hired and deployed from the salary of the tenant to pay the rent.
In the case of rent in the higher price for rent that the tenant must pay the State budget to pay part of that disparity under the guidelines of the central budget to pay for staff in an agency for the Central, local budgets to pay for staff in local authority management.
6. When the tenant to return home in the public service as defined in point a of paragraph 6 to article 30 of this Decree, which has not had its owned housing or buy, rent, hire purchase of social housing in the residence after the charged home in the public service, the Agency organizations where that person works in collaboration with the provincial people's Committee where that person resides layout for them was to buy, rent or rent to buy social housing or other forms of support to housing. Article 30. The responsibilities of the unit housing management the public service 1. Rent the right audience and conditions as defined in article 23 and article 24 of this Decree.
2. Collection and retention of the full public service housing profile.
3. In coordination with the local authorities in ensuring security, order for public service. The security authorities, are responsible for coordinating the order at the request of the unit management in the public service.
4. Perform maintenance, operate public housing management service under the provisions of the law, this Decree and the regulations of the law on construction.
5. Currency the rent of the rental was in public service.
6. Recovery of public service in the following cases: a) When the tenant out of the standard are tenants in the public service;
b) When tenants transferred to other local.
c) When the tenant wishing to return home in the public service;
d) When people are renting the House in the public service were killed;
DD) When tenants using housing public service the false purpose or does not fulfill the obligation of the tenant in the public service.
ITEM 4. DEVELOPMENT and MANAGEMENT of SOCIAL housing in article 31. Social housing development 1. Social housing was built to give the object prescribed in article 37 of this Decree, buy, hire or hire purchase. Social housing there are two types: a) social housing construction investment by the State by which the State budget to hire;
b) social housing to be built with investment capital not from the State budget to sell, lease, hire purchase under the provisions of this Decree.
2. Social housing provided for in paragraph 1 of this article must be regulated; the unit was assigned to manage social housing operators to sell, lease, hire purchase, to qualify under the provisions of this Decree and not arbitrarily switch the purpose of use of social housing to other purposes.
3. The responsibility of the Ministry of construction in the development of social housing: a) based on the strategic direction, the national housing development and the actual situation, the building and the Prime Minister approved the national target programme on housing support and development of social housing for social objects are the need of the support of the State of home stay;
b) Organization directs the implementation of the national target program on housing assistance and social housing development as defined in point a of this paragraph;
c) standard design guidelines; object, condition, process selection object the purchase, lease, hire purchase of houses; the method of determining the selling price, price, price for rent rental buy housing and social housing management prescribed in this Section.
4. The responsibility of the provincial people's Committee in the development of social housing: a) approved and publicized detailed planning construction, housing development planning, Land Fund and specific locations to develop social housing to ensure the associated with project development of commercial housing , new urban areas or economic zones, industrial zones, export processing zones, high-tech zones;
b) planning, development programs of social housing in the year and every year, which identifies specific types of housing; demand for the housing area, the apartment to sell, lease, hire purchase, the specific balance of investment capital in accordance with the provisions of article 52 of the law on housing; incentive mechanism to call the Organization, individuals in the economic sectors to invest in social housing development;
c) approved by the authority or authorized for the district level people's Committee approved the project for the development of social housing was built by the local budget; approved for investment in housing development projects being built by the sources which are not from the State budget and directing, inspecting the implementation.
Article 32. The Land Fund for social housing development 1. The provincial people's Committee or the people's committees at district level are responsible for determining and arranging Land Fund to build social housing when established, land use planning, the planning of urban construction, rural settlement, economic zones, industrial zones, export processing zones, high-tech zones in the area.
2. for the needs of local social housing shall be based on the specific conditions, the provincial people's Committee of review, the decision requires the project owner to commercial housing development, on new urban land use scale from 10 ha upwards have a responsibility to spend 20% of the land area in housing construction has invested in building the technical infrastructure of the project for the construction of social housing.
The case owner to hand over land to the provisions in this paragraph for the local authorities to build social housing shall be reimbursed or deducted from the financial obligations that the owner must submit to the State budget the expenses compensation for site clearance and the investment costs of building infrastructure of the land earmarked for the construction of social housing.
3. for land to build social housing for workers in industrial zones, export processing zones, economic zones, high-tech zone (hereinafter referred to as the industrial zone), then follow the following rules: a) the case of industrial zones are in the stage of formation, the management of local industrial or trading enterprises in industrial infrastructure is responsible for nest clearance officials and building infrastructure housing workers serve the industrial park there and transferred to the investor of the project for the construction of public housing. Costs of compensation, clearance, infrastructure investment houses employees allocated to the land lease in the industrial park;
b) cases that form the industrial zone, the provincial people's Committee is responsible for reviewing, additional planning, organization of land clearance and compensation to delivered to the business or industrial infrastructure business for real estate business functions to build houses for rent. Clearance costs are deducted from amount of land use rents to local back.
Article 33. The investor of the project for the development of social housing 1. For the development of social housing construction by the State budget, the people decided to invest the investor selection 2. For the development of social housing to be built with investment capital not from State budget, then choosing investment projects are implemented according to the following rules: a) the case of social housing construction in the project of commercial housing development, a new urban area defined in item 2 Article 32 of this Decree, the owner commercial housing development, new urban areas at the same time assume the investor housing development project society; If the investor housing development projects in trade, new urban areas do not accept investor housing development project, the social people's Committee of Provincial Affairs for other investors investing in the construction of social housing for sale, lease or hire purchase.
b) where investors had the Land Fund in its legitimate rights, in accordance with the planning to build housing and register as owner, the investor that was invested in housing development projects society;
c) where an investor is State land allocated to build social housing, then that investors are invested in housing development projects.
Article 34. Owner incentives project for development of the social housing project owner social housing development was built with funds from the State budget to enjoy the following incentives: 1. Be free use of land, land lease for land within the scope of the project to build social housing have been approved;
2. Apply preferential tax value added tax according to the provisions of the law on value added tax;

3. exemption, reduction and entitled to the preferential enterprise income tax according to the provisions of the law on enterprise income tax;
4. investment credit assistance from the source: preferential credit loans or to compensate prescribed interest rates; loans from the housing development fund or the housing savings (if any); the provincial people's Committee is considering a partial or complete assistance interest;
5. consider support part or all of the funds invested to build technical infrastructure within the project for the development of social housing;
6. Be provided free design templates, the typical design and the science and technology progress of construction, construction to reduce the cost of construction; applies the specified bidding forms for consultancy contracts, construction or equipment procurement;
7. for businesses investing in the construction of housing for workers in industrial zones but not collecting rent money or collecting money to hire with rental prices do not exceed the rates for renting social housing by the provincial people's Committee issued the rental business and to arrange for the worker in the housing construction costs or the cost of the rent in count is the reasonable cost of production when calculating business income tax.
The Ministry of finance is responsible for the instructions under the authority or the competent agency regulations as long, value added tax, corporate income tax prescribed in clause 2 and clause 3 of this article.
Article 35. Setting, appraisal, approval of development projects of social housing 1. For housing development projects being built with State budget funds the allocated unit do the owner held up the project and the provincial people's Committee or the people's committees at district level evaluation and approval under the provisions of article 7 of this Decree. The case building houses by the central budget shall comply with the provisions of point b of paragraph 1 of article 7 of this Decree.
2. for the housing development project was built with funds from the State budget, the owner is the people's Committee of the provincial people's Committee or the district level there are investment approval as stipulated in article 7 of this Decree. After the investment approval, the owner held up, the appraisal and approval of projects under the provisions of this Decree and the law on construction.
The case project in housing development of society scale from 2,500 homes over, made under the provisions of paragraph 3 of article 7 of this Decree.
Article 36. Design standards for social housing 1. The standard of social housing design is made according to the following rules: a) for social housing in the area of the town was built by the State budget, the standard housing design is made according to the provisions in clause 1 and clause 2 Article 47 of the law on housing. In other areas is not the municipality, you can build houses individual or multiple floor houses a period;
b) for housing to be built with investment capital not from the State budget to cater for an audience of workers, workers in the industrial zone, low income people in urban areas, the design standard floor area per apartment not too are , not control of the floor, the owner was adjusted to increase building density and land use coefficient up 1.5 times compared to current building standards, consistent with the master plan was approved by the competent authority.
2. The selection of the design unit, the unit of the construction of social housing be made according to the provisions of the law.
3. Design Unit is based on the building standards, standards, standards of social housing design to design houses, ensuring the quality and lower the cost of construction, encouraged to apply the design template, the design typical of social housing.
Article 37. The object was to purchase, rent, rent to buy social housing 1. Public servants in accordance with the law on public servants.
2. Officers, professional military personnel belonging to the people's armed forces, paid from the State budget.
3. Workers employed in industrial zones.
4. The objects were returned home in the service stipulated in art. 6 article 30 of this Decree.
5. Students, students of the University, College, high school, College and professional career, intermediate occupations regardless of population or setting a public housing rental during the study.
6. low income People in urban areas as defined by the provincial people's Committee.
Article 38. Conditions of purchase, rent, rent to buy social housing 1. The object was to rent social housing construction investment by the State by which the State budget must meet the following conditions: a) has not had his owned housing and not yet buy, hire or rent to buy social housing, not yet State housing assistance, land in any form or have owned their houses but the area average in households below the floor/5 people or as temporary housing, damaged, dilapidated;
b) Have a monthly average income levels of households in an low income under the provisions of the provincial people's Committee, except in the case prescribed in clause 5 Article 37 of this Decree.
2. The object is purchased, leased or rented to buy social housing was built with investment capital not from State budget must meet the following conditions: a) contains the conditions specified in point a paragraph 1 of this article;
b) Have a monthly average income levels of households below average income of the locality as defined by the provincial people's Committee;
c) for where to buy, rent to buy social housing must have permanent residence or temporary stay local where the long-term development of social housing;
d) for buying rental social housing shall in addition to the conditions prescribed in points a, b and c of this paragraph also must be able to first payment of 20% of the value of your home in hire-purchase.
3. Pursuant to this Decree, the instructions of the Ministry of construction and the specific conditions of each locality, the provincial people's Committee has the responsibility to determine the level of average income and low income in the local conditions are to buy, rent, hire purchase of social housing on the local scope in each period and publicized on mass media of , on the Website of the provincial people's Committee and of the Department of construction.
Article 39. Priced to sell, lease, rent to buy social housing 1. Reviews for rental social housing construction investment by the State by which the budget is determined according to the principle: a) Calculated the costs of ensuring the recovery of capital construction, management, maintenance costs, operating the social housing fund;
b) provincial peoples Committee issued the framework for social housing rental to apply on the area.
2. Sale, lease, lease to buy social housing construction by which are not from the State budget is determined according to the principle: a) the selling price of social housing by construction project owner ensure sufficient to recover the costs of capital construction , including interest (if any) and the level of profits under the rules; not counting the State's preferential terms stipulated in article 34 of this Decree on the sale price. In the case of deferred payment, sale, the buyer must submit the first money no more than 20% of the House, unless the parties have agreed; the time limit for deferred payment, home purchase a minimum of 10 years from the date of signing the purchase contract;
b) prices for rent, rent to buy social housing by construction project owner ensure the costs of recovery of capital construction, including interest (if any), costs of maintenance, operation, management and profitability of prescribed norms; do not charge the account of State incentives to hire, hire-purchase price. Payback period for the minimum rental housing is 20 years from the date of signing the rental contract.
In the case of hire purchase, the tenant must pay for the first 20% of the value of housing; lease to purchase a minimum of 10 years from the date of signing the lease purchase houses;
c) provincial people's Committee is responsible for organizing the sale, valuation prices for rent, hire purchase for social housing construction with funds from the State budget, not on geographical scope.
Article 40. Managed to use social housing 1. For social housing construction investment by the State by State budget, capital investment decisions choice management units operate and exploit houses; the case of two or more units registered to participate in the selection of a management unit operation and exploitation of social housing be made according to the bidding rules.
2. for social housing to be built with investment capital not from the State budget, the owner is responsible for governing the use, operation and exploitation of social housing.
3. The Service Manager social housing operators enjoy the mechanisms for public services under the guidance of the Ministry of finance.
4. operational management unit and harness social housing business rights to other services in the area of social housing to create the source offset costs of operation and maintenance management to reduce the housing rental price. 5. Who to hire, rent to buy social housing dwellings not transferable under any form in time to hire, rent to buy social housing. Where to buy, rent to buy social housing thìchỉ are allowed to sell, rent House that once had to pay off the money to the owner and has been issued a certificate of ownership for housing but must ensure the minimum period of 10 years, since the time of the sale and purchase contract , lease to buy social housing.
In the case of buying a home in which not enough time for 10 years, since the time of the signing of the contract for the sale but the buyer needs to sell, only to be sold to the State or to the owner or to the object is purchasing social housing according to local regulations; sale price no higher than the price of the same type of social housing at the time of sale. House purchase cases of violation of the provisions in this clause, the signed purchase contracts with no legal value and dealt with according to the provisions in paragraph 4 to article 58 of this Decree.
Section 5. INDIVIDUAL housing construction by HOUSEHOLDS and individuals, Article 41. Asked about the construction of individual houses of households, individuals

1. Households, individuals build houses on the land had papers on land use under the provisions of the law of the land and building is prohibited not under the provisions of the law on construction.
2. Before the construction of individual houses, households, individuals have to do procedures to the competent authorities to grant a building permit, unless a building permit are exempt under the provisions of the law on construction.
3. the competent authority granted the license in home building is based on standards, building standards and the detailed planning of construction the rate of 1/500 or rural settlement planning for the area had been granted planning approval authority to make housing construction permit for household individuals in the correct time limit provisions of the law on construction.
Article 42. The survey, design and construction of individual houses of households, individuals 1. The survey, designed individual housing of households, individuals are made according to the provisions of the law on construction. For individual houses in the metropolitan area has a total floor area of building from 250m2 upwards or high from three floors (including basement) to do the Organization, individuals have sufficient operational capacity building design or design practice capacity building design.
2. in case of individual housing construction in urban areas which have a total floor area of building from 250 m2 or a height from three floors (including basement), households, individuals have to hire a contractor qualified under the provisions of the law on building made construction.
3. Households, individuals have to build houses in the correct design and construction license was granted, the observance of the provisions of the law on construction in process of building houses and is responsible for the quality of housing construction. ensure housing safety of person and property; the case of damage to others, the compensation prescribed by the law.
43 things. Quality management of individual housing of households, individuals 1. The construction of individual houses in the urban area of households, individuals must secure connection requests with a common technical infrastructure of the area.
2. Households and individuals, individual housing construction in the municipality has a total floor area of 1,000 m2 of construction or the height from six floors (including basement) are required to be certified to assure good strength due to the unit having the functions granted under the provisions of the law on building before put into use.
3. in case of households and individuals, building housing in the municipality from two floors above that each floor has two apartments above and each apartment is designed, self-contained style building (room in the kitchen area, separate toilet, separate shower), the floor area of each apartment building a minimum of 30 m2 and must meet the rules of the House the apartment according to the provisions of article 70 of the law on housing. 4. For housing in the area specified in paragraph 2 of this Article that does not have security certificates bearing due to the unit having the functions; many apartment houses that not enough of the conditions specified in paragraph 3 of this article or in an accommodation to apply for a building permit without a building permit shall not be issued a certificate State ownership for that House.
5. With regard to housing are eligible as defined in paragraph 3 of this article which households, individuals are asked to then be competent State Agency certificates of ownership for each apartment in that House; households, individuals selling, renting the apartments once had a certificate of ownership for the apartments. When selling the apartment households, individuals must transfer land use rights for the buyer in the form of land use.
6. The management of public housing have many utilize the owner or have more households, individual use is made according to the regulations on the management of public housing use in the municipality.
Chapter III POSSESSION, management USING housing 1. GENERAL PROVISIONS Article 44. Regulation on the creation of illegal housing in established legally through the following form: 1. Investing in the construction of new housing under the provisions of this Decree, housing Law and construction law;
2. Purchase, donation, inheritance, housing under the provisions of this Decree, housing Law, the law on business property and civil law;
3. Through the forms prescribed by law.
Article 45. Provisions on the recognition of ownership of housing 1. The Organization, individuals subject to own houses in Vietnam under the rule of Law and have proof about the creation of illegal houses in the provisions of article 44 of this Decree shall be recognized State ownership for the House that that are not required to have conditions on permanent residence business registration, in the House, except in cases specified in point c of Article 38 clause 2 of this Decree.
The case of households, individuals make up the housing through the assignee house purchase contract form in the future in the housing development project prior to the date of this Decree in effect enforces the recognition of ownership for the House that was done under the guidance of the Ministry of construction.
2. the State bodies are competent to perform accreditation for ownership of housing through the provision of certificates of land-use rights, ownership of housing and other assets attached to land to the owner under the provisions of the law.
3. the competent State bodies are based on the regulations on the certification of land use rights, ownership of housing and other assets attached to land and prescribed in this Decree to make the ownership certificate for accommodation for owners. The case of the housing does not qualify to be recognized in home ownership in accordance with the Law and this Decree shall not be issued a certificate of land use, ownership and other properties tied to the land.
Article 46. Housing warranty 1. During the warranty period the housing according to the provisions of article 74 of the law on housing, the seller is responsible for housing maintenance, except in cases of damaged houses due to natural disaster or due to the title, user caused.
2. The content warranted housing (including housing works have mixed use) including repair, fix the damage to the main structure of the House (beams, columns, floor, ceiling, roof, wall, the section of paving, paving, fillers), the device attached to the system such as housing type door the system provides gas and electricity supply lines, electric supply, water supply systems, sewerage, fix the case of inclined, flat, declined sharply in the home. for other devices attached to the side of the housing sold warranty according to the time limit specified by the manufacturer.
3. in case the Organization, individuals construct or sell House without making housing warranty obligations according to the provisions of article 74 of the law and the provisions of this Article, the owner of the House has the right to sue the Court required the people to solve; If the cause of damage to other people, the organisations, personal damage compensation or suffer prejudice criminal liability under the law.
Article 47. Housing maintenance 1. The owner is responsible for housing maintenance housing under the provisions of the law and the provisions of relevant laws, except between the owner and the user agreement. As for unspecified cases are the owners who are using the housing maintenance responsibility.
2. For housing have many owners, the owner is responsible for maintenance and own contribution agreement funds for maintenance of common property; in case no agreement is then the cost of maintenance of common property is allocated proportionally with the private owned area of each owner.
The funding contribution condominium maintenance is performed according to the provisions of article 51 of this Decree.
3. The content, process and the management of the housing maintenance records made under the provisions of the law on maintenance of construction works.
Article 48. Housing renovation 1. The owner has the right to renovate houses in his ownership. Housing improvements to ensure the safety of people, property, environmental hygiene around and follow the provisions of the law on construction.
2. home improvement case in that in an must seek permission to build, then the owner is only done after improvements have had a building permit.
3. housing improvements owned in common must be the owners agree in writing. The owners have a responsibility to contribute funding to implement the joint renovation area owned in common.
The case of the old tenement house renovation made according to the provisions of article 52 of this Decree.
Section 2. USE MANAGEMENT CONDO Article 49. Own, the common ownership of condominium owners have more 1. Own and use private equipment in the apartment has many owners include: a) the section of area inside the apartment (including an area of balcony, household plots attached to that apartment) owners of flats; other area section in the condominium that the owner sold for individual apartment owners or sold to institutions and individuals;
b) private owned area Section of the investor (Investor retained, do not sell nor apportion the value of private property into sale price of apartments for apartment owners);
c) use private equipment in the apartment, in the other area owned by the owner's own apartment or of other owners.
The owner of the apartment, the owner of the other area section in the condominium regulations at point a and point b of this paragraph are collectively known as the condominium owners.
2. the General condominium owners have many owners cover the area and the equipment used for the condominium is defined as follows:

a) Section area owned in common by condominium owners include: space, corridors, stairs, Elevator, terrace, frames, columns, walls, wall covering, wall dividing homes, apartments, floor, roof, septic system, escape, footpaths, playgrounds and other parts not owned exclusively by the owner of the condominium;
b) Parts other area is not an area of private property of the owner of the condominium regulations in paragraph 1 of this article;
c) Where garage (bikes, cars for disabled people, two-wheeled motor vehicle) built according to building standards and can be arranged in the basement or in a floor or in other area in or outside the House. For the region to automobiles, they must build according the standard build but because investors decided in the ownership of the owner of the condominium or a private property of the owner of the condominium regulations in paragraph 1 of this article;
d) The equipment used for the condominium regulations in paragraph 3 to article 70 of the law on housing. The shared clause is used for general use for condominium owners in accordance with the Law, this Decree and the regulations on the management of condominium use.
3. the ownership and part condominium condominium regulation in this must be clearly stated in the contract of purchase and sale of apartments.
Article 50. Condominium management 1. Condominium owner must have many administrators due to the owners and users of condominium elected under the provisions of article 71 of the law and the regulations on the management of condominium use. The owner is responsible for preparing the content to establish the management apartment under the provisions of the Housing Act. 2. Condominium Board has the power and responsibility according to the provisions of article 72 of the law and the regulations on the management of condominium use. For condominium is social housing, the powers and responsibilities of the Board of Trustees condominium is done according to the instructions of the Ministry of construction.
3. The management and operation of condominiums due to qualified business specializing in condominium management implementation.
4. operational management services apartment enjoy the mechanisms for public services under the guidance of the Ministry of finance.
5. The costs of using the services, including service fees looks to keep cars not be higher than the price of the service by the provincial people's Committee rules, unless the parties have agreed otherwise.
6. for condominium owners have only one owner has the responsibility of governing operation of the condominium.
The Ministry of construction issued a regulation on the management of condominium used to apply uniformly throughout the country.
Article 51. The expense of maintaining the section property of the condominium owners have more 1. The expense of maintaining the section property of the condominium has many owners are specified as follows: a) the case of the owner signed a contract to sell the apartment since housing Laws are enforceable, the owner is responsible for filing the following: expenditure-for sale area must pay a 2% sales , this amount is calculated on the cash sale of the apartment or other area that buyers have to pay and are clearly specified in the contract of purchase and sale;
-For the area of the House that the owner retain, sell (not including the section area in general use) then the owner must pay a 2% of the value of the area; part of this value was calculated according to the sale price of apartments has the highest price of the condominium.
b) Account funds specified in point a of this paragraph was excerpted before tax to pay (the State does not collect taxes for this expense account) and was sent into commercial bank governance by condominium management to serve for maintenance of common ownership according to the rules of use management condo;
c) where the owner signed a contract to sell apartments before the Housing Law has the effect that the owner has not paid 2% of money selling the apartment owner is responsible for contributing to the maintenance budget of common ownership. The only contribution funding was recorded when incurred and maintenance work are determined for each specific maintenance work.
2. in case of maintenance expenditure specified in point a and point b of paragraph 1 of this Article are not sufficient to perform the maintenance part owns the condominium owners have a responsibility to contribute more funding that corresponds to the private-owned by each owner. In the case of condominium dismantlement that maintenance funding specified in paragraph 1 of this article have not expended shall be used to support the resettlement when rebuilding homes or put into the maintenance fund condo after reconstruction.
Article 52. Reclamation, dismantling condominium 1. Old apartment house is damaged seriously, down to the level of risk of crash dump had concluded the Agency's authority on quality control of construction works, the provincial people's Committee has the responsibility to organize the migration of households are living in the apartment to other locations to perform demolition of houses in it.
Households are responsible to move according to the decision of the provincial people's Committee and is entitled to the rights and benefits as for case clearance.
2. With respect to the apartment there are many owners that made demolition at the request of the owners to rebuild, they must be two-thirds of the total number of condominium owners that agree. the number remaining owners don't agree to demolition then the provincial people's Committee of coercive move and must pay the cost for the coercive demolition of housing. The State has preferential policies and encourage owners to voluntarily move to another residence (not resettled in place) after the rebuilding of condominium.
3. in case of condominium in yet an old dismantlement as specified in paragraph 1 of this article but the owners wishing to upgrade or renovation expanded the area they must be two-thirds of the total number of condominium owners that agree. The renovated condominium is proper planning and construction in compliance with the provisions of the law on construction construction.
The renovated condominium is done according to the principle of socialization, ensure the new place is better than the old residence of the quality of housing and living environment. The State encourages the implementation of renovating the old apartment was down overall project level sync on the infrastructure of the area.
4. Pursuant to the provisions of the Housing Act and this Decree, the Ministry of construction the Government issued separate policies about renovating, rebuilding of old apartment houses.
Category 3. MANAGE USE HOME VILLAS in the MUNICIPALITY Article 53. Management principles using Villa 1. The management uses the Villa must comply with the master plan was approved by the competent authority, under the provisions of this Decree and relevant laws.
2. Maintaining, renovating and rebuilding the House and cottages are consistent with the master plan has been approved by the competent authorities, in compliance with the regulations on maintenance of buildings, this Decree and the law on the management of cultural heritage.
3. For State-owned Villa then have to perform according to the regulations on the management of State-owned assets; in the case that was used as a home in the public service must comply with the regulations on the management of public housing, use of the service provisions in housing Legislation and this Decree.
4. The Ministry of construction issued a regulation on the management of used home Villa to apply uniformly throughout the country.
Article 54. Classifieds Home Villa House villas are categorized into three groups: 1. a group Villa is Villa rated historic-culture under the provisions of the law on cultural heritage; Villa with typical values of architecture, the old House by the competent agency on building, architecture and provincial coordination cultural identify, list and the provincial people's Committee for approval. The villas of group a must be retained outside architectural shape, internal structure, building density, number of floors and in height.
2. group two villas are the villa belonging to no one but the value of architecture by the competent agency on building, provincial coordination architecture determined, make a list of the provincial people's Committee for approval. The villas in the second group should be kept outside architecture;
3. Group of three villas are the Villa not specified in clause 1 and clause 2 of this Thing.
Article 55. Villa maintenance 1. Villa maintenance case is of historical-cultural it must comply with the regulations regarding the repair, restoration, preservation and restoration of historical-cultural.
2. where the maintenance of a group of villas that have changed color, building materials must then be approved by the provincial people's Committee where the Villa before performing maintenance.
Article 56. Renovate, rebuild houses and cottages 1. For the case of renovating, rebuilding homes and cottages that are subject to a building permit shall only be made to renovate, rebuild after had a building permit.
2. for a group of villas and two groups also must comply with the following provisions: a) for a group of villas:-do not alter the status quo of the Villa;
-Not be dismantling the old Mansion House. Case of demolition to rebuild badly damaged due to the danger of collapsing pour according to the conclusions of the unit can function about the quality control of construction works to build according to the original architecture, using the right kind of materials and to comply with proper planning (building density true, the number of floors and height) of the old villas;
-For Villa's historical-cultural it must make provisions on the preservation, restoration and rehabilitation of historic-cultural;
-Not to create more texture by using other materials to increase the area or built-in, constitute the space outside the Villa.
b) for two groups: Villa-To keep the outside architecture;

-Case of demolition to rebuild badly damaged due to the danger of collapsing pour according to the conclusions of the unit can function about the quality control of construction works to build according to the architectural designs on the outside of the old Villa, to comply with proper planning (building density true, the number of floors and height).
Chapter IV Article 57 housing TRANSACTIONS. Buy sell house owned in common but there is a general absence of the owner 1. The sale of General-owned housing must comply with the provisions of article 96 of the law on housing. 2. House purchase cases have a common owner is absent and does not determine the place of residence of that person, the owner of the remaining common to have petition the Court to declare that person missing under the provisions of the law before making the sale of that House.
Based on the sale price of houses in house purchase activity, the owners of the remaining General responsible for sending money home sales correspond to the portion of the value of housing ownership people were declared missing in commercial banks where the houses are sold; When people were declared missing back and have asked the banks have received deposits are responsible for payment of principal and interest paid to them under the provisions on non-term interest rate at the time the person was declared missing and get my money back.
3. where the person is declared dead or missing was the Court of claims is dead then the money sent to the banks referred to in paragraph 2 of this Article are split for the their legal heirs under the provisions of civil legislation.
Article 58. Rent to buy social housing 1. The purchase of rental social housing must be made through a contract signed between the owner and the tenant.
2. after 20% of the home value upfront in hire-purchase, lease purchase is entitled to pay the remaining amount over time due to the owner and party hire-purchase agreement, but a minimum of 10 years from the date of signing the lease purchase housing. 3. When expiry rent buy House lease and purchase has paid off the remaining amount as specified in paragraph 2 of this article, the owner is responsible for the procedure to the competent State Agency certificates of land use rights, ownership of housing and other assets attached to land to tenants to buy.
4. The owner is entitled to unilaterally suspend implementation of the lease purchase of social housing and the housing recovery are hire purchase when arising in one of the following cases: a) the hire-purchase does not pay rent for three months without good reason;
b) tenants buying arbitrarily repair, structural demolition, renovation or purchase rental housing built-in;
c) Person house purchase purchasing rent rental contrary to the provisions of article 30 of this decree or rent to buy for others without the consent of the lessor.
The violations specified in point a and point b of this clause then the hire-purchase is paid back 20% of the rent to buy (not including interest); violations of the provisions of this paragraph c shall not purchase rental party be paid back 20% of the amount that I was charged before.
5. The dispute over the lease purchase houses are resolved through mediation. In the case of mediation fails, the parties have the right to request the Court solution as prescribed by law.
Article 59. Housing change 1. House exchange trading regulation in housing Law is applied only in cases where the parties change the House and transfer ownership of houses to each other, do not apply to cases of housing rights change. 2. Housing change parties have the responsibility to implement the right sequence, the modified procedure of housing and lodging full of financial obligations for the State as a rule.
Article 60. Housing transaction through real estate trading floor 1. With regard to the case are divided, must not exceed 20% of the products in the home is not through the real estate transaction as defined in point d paragraph 3 article 9 of this Decree, the owner must have a written notice about the number, address and type of houses divided the enclosed list addressing the audience, divided houses for building Facility where the housing projects instead of confirmation certificate sold through real estate transactions.
The Department is responsible for building on the bases prescribed in article 9 of this Decree and reconciled with the number of houses under design, planning of the project was approved to confirm the list of the objects, the type of House and addresses, area of the House is divided in time limit of 20 days from the date of the notice of the owner; This list was confirmed only once and must be stored at the facility built to track, test. Investor housing development project must divide the right number, address, type of housing area, and the right to name the object has been constructed. Parties divided the House in non-transferable right to housing Division for organization, the other individual.
As for the number of houses left in each of the project after the split, the investor must make for sale, for rent through the real estate transaction in accordance with the procedures prescribed by the law on business property and the provisions of this Decree.
2. After you have finished building the part of the nail House in accordance with the provisions of point 3 of article 9 paragraph Ridin this Decree shall owner be house purchase contract with the audience was divided housing products specified in paragraph 1 of this article to replace the contract the text, signed earlier. House purchase contract in this case and the building Department's certificate prescribed in clause 1 of this article is the legal basis to the competent State Agency certificates of land use rights, ownership of housing and other assets attached to land to housing buyers. These cases in an accommodation must sell through rental, real estate transaction, the investor just signed a contract for the sale, rentals in after having had enough of the conditions specified in point DD and e point paragraph 3 article 9 of this Decree.
3. The organization, individuals are due to be divided or purchased through the real estate transaction as defined in clause 1 and clause 2 of this that sold his home there for other people, they must follow the following rules: a) Just sold for objects in an owned housing in Vietnam under the provisions of the Housing Act after it has have signed a purchase contract with the owner.
b) case is business for the real estate business function then must make the sale through real estate transaction under the provisions of the law on business property;
c) case is individual, household or other organization is not sold through real estate trading floor that made the sale under the provisions of this Decree and Housing Law. In case of not handing over housing and not yet competent authority issued the certificate of ownership for the House in which it shall make sale of houses under the guidance of the Ministry of construction.
4. The real estate transaction is not involved in investment, purchase, sale, rental homes in which only be brokered to make housing rental, sale by owner's authorization and transaction costs through the floor under the provisions of the law on business property, if the violation the State withdraw the trading business function and property processed according to the provisions of the law on sanctioning administrative violations in the field of real estate business activities.
5. in The case of sale, for rent, in not properly with the provisions of this contract sale, rental house that has no legal value and the buyer are not certificates of land use rights, ownership of housing and other assets associated with land for housing has been bought; the seller, lessor is responsible for damages to the buyer, tenants in. 61. Home mortgage in 1. The housing mortgage must be made in the contract, comply with the provisions of the Housing Act and the provisions of relevant laws.
2. organizations and individuals who buy houses in forming the future of the business enterprise property rights in housing mortgage credit institutions to loans. Home mortgage procedures in form in the future is done under the guidance of the State Bank.
Article 62. Home transactions in Vietnam who have settled abroad, organizations, foreign individuals involved 1. Vietnam people settled abroad join the transactions of purchase and sale, donation, bequest of housing in Vietnam must implement the following requirements: a) In an owned house and is eligible to be owned housing in Vietnam under the provisions of the Housing Act;
b) made the purchase, donation, inheritance of the House in accordance with the provisions of the Housing Act and the provisions of this Decree;
c) who not stipulated in article 1 of Act No. 34/2008/QH12 about amendments and supplements Article 126 of the Housing Law and article 121 of the law of the land or the person in an owned a house in Vietnam under the provisions of the Housing Act but are owned housing in Vietnam if awarded for or inherited the House in others only affect the value of the House that under the provisions of article 72 of this Decree.
2. Vietnam Who settled in foreign countries, organizations, foreign individuals when renting housing in Vietnam to implement the following provisions: a) must be eligible to rent housing in Vietnam according to the provisions of article 131 of the Housing Law;
b) tenancy in must be made in writing in accordance with Article 93 of the law and the provisions of this Decree;
c) lessees of housing must fulfill the rights and obligations of the employer under the provisions of the Housing Act, the civil code and the provisions of this Decree.
3. The owner of the House in Vietnam who settled abroad is entitled to sign the lease contract or contract to authorize someone else to manage their owned houses in no time using home there.
The owner must present the text movement, rotation to work locally or sent to work outside the Agency's Vietnam, where institutions are working; in case of not belonging to an article or to work in other places, they must apply for temporary commitment not to use the House that when performing notarial authentication or the lease or contract authorized housing management. Article 63. The type of housing contract

1. Purchase, lease, hire purchase, donation, Exchange, can accept, on loan, for in thanks to the housing management authorization, must be made in writing (collectively referred to as the contract of houses). Housing contract must conform to the provisions in paragraph 2 to article 93 of the Housing Law, the provisions of the civil code and this Decree. The case for housing organization must then be donated to the text.
2. for house purchase contracts due to be new construction investment (including available housing purchase and sale of houses of formation in the future) are also required to comply with the provisions in paragraph 1 of this article, in the purchase contract must specify the content, duration and responsible housing warranty in accordance with the Laws and decrees; the value of land use in the selling price of the housing and land use payment responsibility for the State of the seller in the home; in case the purchase and sale of apartments, must specify the area owned in common, the area in a private ownership of condominium owners, account maintenance funding 2% money sell House and how to calculate the area of the apartment sale. House purchase contract is signed with the seller's business for real estate business function is not notarized, certified.
House purchase case through the auction of the contents of home purchase contracts in addition to the requirement to comply with the provisions of this Decree and housing Laws, and must comply with the provisions of the law of property auction.
3. The lease, hire purchase of social housing regulation-specific rights, obligations of the two parties and is not certified, attest.
Social housing rental contract is signed periodically but does not exceed the maximum of five years. Expiry of lease, be competent authorities review the contract if the full implementation of the provisions on the rent of the rental process and remains subject to conditions, be rented social housing. Lease to buy social housing was signed the agreement between the owner and the tenant purchase on the basis of the provisions of this Decree.
4. public housing rental contract specifies the rights and obligations of the parties concerned and not certified, attest. Public housing rental contracts signed as of the time the tenant took service under decision maneuver or rotation of officers but not to exceed a maximum of five years. The case of expiry of the lease in which the rent object still qualified on the subject, the conditions and the rental area in the public service under the provisions of this Decree, housing Law and pay the full rent in housing management units, then the public service continue to sign contracts to hire according to the time limit prescribed in this paragraph.
5. in commercial tenancy specifies the rights and obligations of the two parties under the provisions of the Housing Act and the civil code. Individual case rentals in under six months or the lessor's real estate business is not notarized, certified housing lease. 6. Authorized contract management, look, using houses, authorization for sale, rental housing must be notarized or attested. The parties to the contract are only authorised and competent bodies notary, attested only made notary, attested the contract authorization prescribed in this paragraph when the House was finished (apply for accommodation are available).
7. The change of contract, donation, loan, mortgage, in thanks to the housing was established under the provisions of the Housing Act and the civil code.
8. Competent notary, certified housing contracts stipulated in this Article are performed according to the current provisions of the law.
9. Ministry of construction regulations and issued the model house purchase contracts, contracts for rented housing (including rent commercial housing, public housing and social housing rental), lease purchase homes, contract of donation and exchange contracts as defined in this article.
Article 64. Time of transfer of ownership in respect of the transactions of purchase and sale, donation, Exchange, hire purchase, bequest of housing 1. Time of transfer of ownership in case of house purchase is calculated from the date of purchase contracts be notarized or attested. House purchase case that the seller is the business for the real estate business function, the time of transfer of ownership of the House in time for the seller to hand over the House to the buyer under the agreement in the contract.
2. The time of transfer of ownership in respect of the case to the House is from the date the contract awarded for housing be notarized or attested. Legal cases to home at the time of transfer of ownership in the House for the party is to be counted from the day the party to register for text.
3. The time of transfer of ownership in respect of the case in exchange houses are counted from the day the contract was changed to housing be notarized or attested. The case of the two sides changed housing is available for business functions, the property ownership transfer point for housing get changed is the time of handing in the House under the agreement in the contract changed housing. 4. Time of transfer of ownership in the House for rent buy House is calculated from the time the party hire-purchase are issued a certificate of ownership of rental housing for purchase as specified in Article 58 paragraph 3 of this Decree.
5. The time of transfer of ownership in respect of inheritance in the case are calculated from the time of the opening of succession. Defining the Organization, individuals inherit the House is done according to the provisions of civil legislation.
6. The time of transfer of ownership for housing purchases deferred case, payment is counted from the day the buyer pay off the money to buy houses for the seller, unless the parties have agreed otherwise.
Chapter V OWNERSHIP housing in VIETNAM of VIETNAMESE who SETTLED abroad and of FOREIGN INDIVIDUALS, INSTITUTIONS Article 65. Housing ownership in Vietnam of the Vietnam settled abroad and of foreign individual, organization 1. Vietnam who settled in foreign owned housing in Vietnam if the object and are qualified as defined in article 1 of Act No. 34/2008/QH12 about amendments and supplements Article 126 of the Housing Law and article 121 of the law of the land. The time limit for the House property of Vietnam who settled in foreign countries is stable, long term.
2. organizations, foreign individuals when making housing construction investment in Vietnam according to the law on investment then was the House property under the provisions of the Housing Act. Where to buy houses in Vietnam are House property under the provisions of resolution No. 19/2008/QH12 June 3, 2008 of the National Assembly on the pilot for the Organization foreign individuals are buying and owning houses in Vietnam and documents guiding the implementation of this resolution.
Article 66. Proof of Vietnam audience settled in foreign owned housing in Vietnam 1. Vietnam who settled in foreign owned housing in Vietnam according to the provisions of article 1 of Act No. 34/2008/QH12 about amendments and supplements Article 126 of the Housing Law and article 121 of the law of the land must have the following documents to prove on the subject: a) for Vietnam nationals must have a passport valid Vietnam; in the case of carrying foreign passports, they must have one of the proof also Vietnam nationality according to the provisions of the law on citizenship;
b) for Vietnam descent must have foreign passport accompanied confirmations is Vietnam descent due to the competent authorities of Vietnam to demonstrate Vietnam origin.
2. Vietnam People settled abroad in the objects below shall have the right of ownership (do not limit the number of houses in Vietnam) through purchase, donation, inheritance, housing or change is received the transfer of land use rights in housing development projects of the real estate business (for projects in the regions are allowed transfer of land use rights in the form of sale under the provisions of the law of the land) to the buyer to build housing for themselves and family members in Vietnam: a) the objects defined in art. 1 of this article;
b) objects specified in point b of paragraph 1 of this article but have to belong to one of the following:-The direct investment in Vietnam according to the law on investment has a certificate of investment or business registration certificate by the competent authorities of Vietnam;
-The contribution to the country, including: people enjoy preferential regimes under the provisions of the Ordinance on the incentive people to the revolution have proof that enjoy preferential regimes by the competent authorities of Vietnam; who are the contribution of national liberation, building the country was awarded the President's Medal, the Prime Minister, was awarded the certificate of merit; participants in the Executive Committee of the social-political organization of Vietnam; the Fatherland Front of Vietnam from the provincial level are these organizations; who was elected to the Central Committee, who is the core of the movement, the Organization of overseas Vietnamese in a relationship with in the country and the people, help for the representative body or the Vietnam's foreign operations abroad are the State Committee on the Vietnam overseas or diplomatic representative agencies of Vietnam in water In addition to confirm;
-House of culture, the scientists, including: who was, learning about science, education, culture and the arts, fitness-sport of Vietnam or of foreign experts in the field of socio-economics are working in Vietnam. These subjects have to be leader of the party, the State, the Minister, the heads of ministerial agencies, government agencies, the Chairman of the provincial people's Committee, the heads of universities, colleges, academies, institutes of Vietnam invited as experts, collaborators, teaching and be certified by the Agency organizations invited to regarding this subject are working at the Agency, that organization;

-Who has the expertise, special skills have professional certifications, skill of the Association, the professions of the Ministry-level bodies or Vietnam in charge of areas of expertise, skills, accompanied by licensed professionals in Vietnam by the competent authorities of Vietnam to grant (for case law requires licensure) or work permit due to the competent authorities of Vietnam to grant (for the case law do not require licensed);
-The spouses are citizens living in the country Vietnam had married certification papers by the competent authorities of Vietnam or oversea level attached to permanent residence and the identity of a party to your wife or husband is Vietnam nationals in the country.
For the case of the foreign documents must be translated into Vietnamese and level are certified by the Agency of Vietnam.
3. Persons of foreign origin settled in Vietnam Vietnam but not in the object specified in point b of paragraph 2 of this Article if the documents specified in point b of paragraph 1 of this article and visa-free Paper by the competent authorities of Vietnam has the right to own an individual housing or an apartment in Vietnam.
This object instances are own houses in Vietnam that are inherited or donated to other housing then only selected owns a House; as for the rest of the House was right to donate or sell the objects in an owned housing in Vietnam to enjoy the value according to the provisions of article 72 of this Decree.
Article 67. Proof of residence conditions in Vietnam of the Vietnam people settled abroad 1. For the Vietnam people settled abroad bring Vietnam passport must have one of the following papers by the police, town, commune (hereinafter referred to as the ward-level security) where the person resides: a) the shared shelter;
b) confirmations of the registration staying locally.
Vietnam people settled abroad bring Vietnam passport must have form and present your Passport at the police precinct level when grant proposal papers specified in this paragraph. Within a maximum of three days from the date of the petition, the ward-level public security is responsible for level one of the papers specified in this paragraph for the Vietnam people settled abroad.
2. for the Vietnam settled abroad carries foreign passport must have one of the following documents by the immigration authorities of Vietnam: a) card;
b) certification marks Are staying close to the passport with the time limit was staying in Vietnam for three months or more.
Article 68. Management procedures of owning a home in the settlement of Vietnam's overseas in Vietnam for the Vietnam settled abroad in an owned a home in the provisions of the Housing Act, the Agency has issued certificates of land use ownership of houses and other assets associated with land fulfill the following rules: 1. Prior to the certification of land use, ownership and other properties tied to the land, the people's Committee at district level to check the information on the status of the House property in Vietnam who settled abroad in Vietnam posted on the Ministry's Website Build.
The case of the proposed certificate of land use rights, ownership of houses and other properties tied to the ground with no name on the Website of the Ministry of construction, the district-level people's committees sign the certificate and the procedures for awarding the certificate to the owner; the case of the certification proposal are posted on the Ministry's Website name to build the people's committees at district level and has returned the text to answer litigants know the reason;
2. within two working days from the date of signing the certificates of land-use rights, ownership of houses and other properties tied to the land, the people's Committee at district level are the submit in writing the Ministry of construction announced the information about name, passport number, issuer, date of issue of passport , was donated to, inherited the House in, House address is certificates, certificate number and date of certificate of land use rights, ownership of houses and other properties tied to the land for The construction of posting this information on the Website of the Ministry;
3. where the owner of the housing provisions in this sale, donation or inheritance to housing for people at district level people's Committee must have a written notification to the Ministry of construction said to delete names from the list posted on the Ministry's Website;
4. President of the district-level people's committees are responsible for the slow notification or do not inform the Ministry of construction said when the objects specified in this housing owners in Vietnam or transfer ownership to another person in the House.
The Ministry of construction issued the report form of the people's Committee at district level to send the Ministry of construction as defined in this article.
Article 69. Handling of violations of rules of owning a house in Vietnam's Vietnam resident abroad 1. Vietnam people settled abroad in an owned a house in Vietnam under the provisions of the Housing Act if fake papers or have the other violations to be owned more than one housing in Vietnam are not to be issued a certificate of ownership for housing; If the certification has been made to sell the House that within 120 days from the date the violation was discovered, and sanctioned under the provisions of the law on sanctioning administrative violations in the field of management, housing development. 2. The case too the time limit specified in paragraph 1 of this article where the violations have not yet sold the House in the then revoked the certificate of ownership for housing has been granted; unsold housing owned by the State of Vietnam.
3. Officers, public servants and those who are concerned if there are violations of the rule of Law and this Decree shall be processed under the provisions of the law on public servants and the provisions of relevant laws.
Article 70. House property of the Organization, foreign individuals in Vietnam 1. Organizations, foreign individuals are owning houses in Vietnam through investing in the construction of houses to rent or buy apartments in the development project of commercial housing.
2. organizations, foreign individuals investing in the construction of houses to rent are the competent State Agency certificates of land use rights, ownership of housing and other assets associated with land for housing. The time limit was the House property is the time limit stipulated in the investment certificates and are clearly in the land use right certificates, ownership of the House and other properties tied to the land.
3. investment case building houses for sale, then no State certification of land use rights, ownership of housing and other assets attached to land to the owner. After the completion of the construction of the House, the owner is entitled to sell this House for organizations, individuals in an owned housing in Vietnam under the provisions of the Housing Act, the law on business property and this Decree.
The owner is responsible for the recommended procedures the competent State Agency certificates of land use rights, ownership of housing and other assets associated with the land to the buyer within 50 days from the date of delivery of housing for people buying a home, except in cases of voluntary home buyers who do recommend certification.
4. The order of certification procedures, land use, ownership and other properties tied to the ground for the Organization, foreign individuals are made according to the provisions of the law on the certification of land use rights, ownership of housing and other assets tied to the land.
Article 71. Vietnam who settled in foreign countries, organizations, foreign individuals in housing rental in Vietnam 1. The object and conditions of rental housing in Vietnam include: a) foreign organizations are allowed to operate in Vietnam;
b) foreign individuals are allowed in Vietnam has a time limit of three consecutive months or more;
c) Vietnam People settled abroad are in Vietnam have housing needs. 2. Order and procedure for housing rental, rights and obligations of the parties in the implementation of the rent prescribed in item 2 Article 62 of this Decree.
Article 72. The case is entitled to the value of your home in 1. Organizations, foreign individuals, Vietnam people settled abroad in the following area was donated to or inherited houses in Vietnam are not to be issued a certificate of ownership for houses and just enjoy the value of the House that: a) the Organization, individuals are not foreign owned housing in Vietnam;
b) foreign individuals in an only owned one apartment in the housing project for the development of trade and at the time was donated to, inherited the apartment owners are in Vietnam;
c) Organization, foreign individuals in an owned apartment housing development project in the trade but are donated to or inherited the House in not the apartment project in commercial housing development;
d) Vietnam People settled abroad allowed about Vietnam reside less than three months;
DD) Vietnam People settled abroad in an only owned a House and at the time was donated to the inherited, are House property in Vietnam.
2. organizations and individuals donated to, inherited the House in the provisions of paragraph 1 of this article are directly or authorize others to sell houses when there was the following papers: a) contract awarded, papers on the inheritance of the House is established according to the provisions of article 93 of the Housing Law This Decree, and the Vietnam civil legislation;
b) one of the proof of home ownership in the party's donation, parties to inheritance in accordance with the following:-the certificate of house property right was granted under the provisions of the Housing Act;
-The certificate of ownership of housing and land use in has been granted under the provisions of Decree 60/CP dated 11 July 1994 from the Government about the ownership and rights to use the land in the municipality;

-The certificate of house property right was granted under the provisions of Decree No. 95/2005/ND-CP on July 15, 2005 by the Government on the certificate of house ownership, ownership of the construction works;
-Land use right certificates have been issued under the provisions of the law of the land but in the content of certificates had recorded over the House donated to the party, party to inherit;
-Certificates of land-use rights, ownership of housing and other assets attached to land to be granted under the provisions of the law of the land.
c) authorized housing sales documents are created according to the rules of civil law on Vietnam (if authorized for other people selling houses).
Chapter VI ADMINISTRATION on homes in Article 73. Construction of development orientation of national housing 1. Pursuant to the strategy for socio-economic development of the country of each period, the Ministry of construction is responsible for building and the Prime Minister issued the direction and strategy of the national housing development for each ten-year period as the basis for the study, planning, housing policy and as a base for the construction of local housing development programs of each locality.
2. strategic orientation, the national housing development including the content: a) the essential status quo nationwide housing;
b) analysis, evaluation of results, exist, the cause of development, housing management;
c) clearly define the views, goals, the housing development needs in the next stage, which clearly defines the key program, the views, objectives, requirements, the basic norms of commercial housing development, social housing, public housing, housing for the subjects of social policy;
d) clearly define the solutions implemented in order to achieve the goals of development, including the mechanisms of policy planning, infrastructure, land, credit, financial and organizational measures implemented;
DD) other relevant content.
3. Pursuant to the strategy for socio-economic development, orientation, housing development strategy, national Ministry of construction research, the Prime Minister issued the policies key housing development to solve the housing difficulties of houses according to the , the domain.
4. The basic indicators on housing development in strategic direction, the national housing development must be put to the task of socio-economic development of the country in each stage. In the process of implementation is preliminary reviews, review, modify, adjust, additional time orientation, the programme proposes to match reality. End States must have sum, reviews the results.
5. Based on the situation of socio-economic development of the region and the key economic region, the Ministry of construction proposes the prime consideration, decided the specific mechanism and the choice of the investor has sufficient financial capacity and experience to make the investment to build a housing development project has large scale or relevant to many local in order to contribute to promoting the area for development, ensuring social security. In the case of the provincial people's Committee, the proposal to have the opinion of the Ministry of construction before the prime consideration, decision.
Article 74. Build program, the housing development plan of local 1. On the basis of the strategic direction, the national housing development has been the Prime Minister issued, mechanisms, policies on development, management of the Central's current housing and social-economic development of the locality, the Chairman of the provincial people's Committee has the responsibility for directing the construction program housing development plans for each phase of five years and ten years or longer to process people's Councils at the same level through before enactment.
2. The program, plans to break the local housing development includes the following major contents: a) General status of local housing;
b) analysis, evaluation of results, exist, the cause of development, local housing management;
c) construction program, the housing development plan, which stated each area, each local object according to the following provisions:-for housing in urban areas: must clearly state the type of housing (condominium down the dangerous level, the temporary housing area , slums, housing areas have the infrastructure does not meet the requirement), the difficulties and obstacles in building, renovating houses, housing needs of each type of object and build housing development plan in each year.
In the program must propose solutions about the Land Fund, the work clearance, resettlement arrangement, on planning the urban housing development project, about the sources of capital for investment in housing development, mechanism, financial policies of land for housing development, about the targets of the housing area per capita and solving approach for each type of accommodation for the statue in the municipality;
-For home in rural area: must specify housing status of each area, House of peoples (if any), the customs of the people's housing construction, the average land area to build houses, the difficulties and obstacles in the development of housing demand for people's housing and the housing development plan in each year.
In the program must propose Land Fund planning, residential areas, methods of mobilizing the resources involved in housing construction, in the form of support for housing construction, the housing area per capita.
-For industrial worker housing (if available): must clearly state the reality and the need for housing for workers in industry, planning, creating Land Fund House construction, plans to mobilize investment capital to build houses, plan the layout of housing for workers in each year;
-For accommodation of other objects on the area, including: accommodation for pupils, students, housing for the poor in urban and rural areas, home to the officers, civil servants, civil service housing, housing for people with the revolution it must clearly state the reality and the demand for housing of each type of object clearly, the housing construction plan for each type of object, the method provides support for housing (layout for rent, lease purchase homes, support, materials to build houses, residential land supply, incentives on credit);
d) The other relevant content;
DD) housing development programmes must clearly identify the progress made; the tasks and responsibilities of departments, sectors and levels of Government in the process of implementation.
3. basic indicators about the housing development in the program, the housing development plan must be put to the task of socio-economic development of the local in each stage. Must have annual summary, reviews and make amendments, adjust the points not yet match the reality. The end of the program, plans to have sum, reviews the results.
4. provincial people's Committee has the responsibility to report the Prime Minister and the Ministry of construction programs, the housing development plan of local track, check. For the central cities, then after the city councils through the program, the housing development plan, the city people's Committee to the Prime Minister for approval before implementation.
5. the provincial people's Committee is responsible for the layout of the local budget for the investigation, survey, construction program, the housing development plan of his local.
Article 75. Housing development funds 1. Housing Development Fund of local is formed from the following sources: a) the proceeds from the sale, rental housing owned by the State;
b) Extract minimum 10% from the money of the land use project development of commercial housing and urban projects. Specific income due to provincial councils to consider, decide;
c) local support budget every year by decision of the provincial people's Council;
d) mobilise Funds from other sources of legal capital as defined by law;
DD) support Funds, voluntary contributions from organizations and individuals in and outside the country.
2. Bases of the actual situation of the local people's Committee Chairman, provincial review, decided to establish the Fund of local housing development on the basis of the source of capital stipulated in paragraph 1 of this article and issued this Fund management rules ensure the following rules : a) housing development fund is the State financial institution operating under the principle of conservation of capital, to offset costs incurred in the course of operations and not for the purpose of profit;
b) housing development fund is managed, operated and the organization operates under the Charter the Organization and activities of the Fund by the provincial people's Committee, issued and to comply with the provisions of the relevant legislation;
c) are exempt from the Housing Development Fund, rising taxes and the State budget under the guidance of the Ministry of finance;
d) Housing Development Fund are used to develop social housing State-owned on the range.
Affairs, Ministry of finance, in collaboration with the Ministry of construction guiding the Organization, works for the Housing Development Fund of the local.
3. Based on the local conditions, the provincial people's Committee may entrust to fund local development investment made to manage the activities of the Housing Development Fund specified in clause 2 of this Thing.
4. In addition to the Housing Development Fund specified in this communication, the Ministry of construction, in coordination with the ministries concerned research, the Prime Minister issued a decision on the establishment, operation, management, source contributions, loan mechanism, the subject of home savings loan in order to cater to the audience about the troubled housing loans buy homes or to support for business loans to build social housing.
Article 76. Manage and provide information on housing 1. The Agency is responsible for managing the records of housing: a) construction Facility housing record management of the Organization; Vietnam who settled in foreign investment projects to build houses in Vietnam; foreign individuals; House owned jointly by organizations and individuals;

b) rooms with home management functions at the district level housing record management of individuals (including individuals in the country and Vietnam who settled in foreign housing ownership associated with land use).
2. housing profile consists of the content as defined in paragraph 3 to article 66 of the law on housing and the other papers related to housing. 3. Records management agency responsible for housing provides information about housing for the bodies specified in paragraph 7 of this Article and the organizations and individuals who have rights and obligations related to that House when they have requested.
4. Information on housing is the information related to the status and legal status of housing, land available in the profile housing. 5. Individual organizations recommendations provide information on housing text must have suggested providing information. Suggested text to specify the name, the address of the person required to provide the information, the content of the information provided and recommendations the purpose of supplying information.
6. Forms provide information that can be answered by writing, provide information through electronic networking, copy or record excerpts.
7. organizations and individuals required to provide information about free housing provides information for records management agency houses, except the competent State agencies recommended providing information service for State management and investigation , The people's Procuratorate, people's Court suggested providing information service for the work of the investigation, dispute resolution, complaints, accusations, lawsuits over the House. The Ministry of finance in cooperation with the Ministry of construction, the national level regulations quoted budget and use fees provide the information prescribed in this article.
Article 77. Investigation, statistics, data on housing construction 1. Census, statistics on housing are made periodically in the five and ten year according to the following rules: a ten-year period), the Ministry of construction in cooperation with the Ministry of planning and investment and the provincial people's Committee investigating organizations, housing statistics along with the total number of investigations and houses throughout the country;
b) periodically in a year (between each General Census and housing), the Ministry of construction, in cooperation with the Ministry of planning and investment and the provincial people's Committee investigating organization points, to investigate the pattern of houses in some communes, wards and towns of some of the , city in the different regions in the country to statistics data on the situation of the housing development for planning the development of housing in the country.
Before holding the investigation of housing regulations at this point, the Ministry of construction is responsible for planning and funding proposal to investigate reports the prime consideration, decision.
2. the cost of the investigation, statistics and database construction for housing provisions in this layout from the State budget.
Article 78. Training, fostering knowledge about development, management of housing and real estate market 1. Officials and public servants working in the field of management, housing development and property market of the ministries for at least three years must attend training classes, fostering the development of knowledge management, housing and real estate markets. The Agency, the Unit related to the housing sector and the real estate market is responsible for the layout and create the conditions to officials and public servants participate in training classes, as specified in this article.
For individuals, the business management activities involved in operating condominium (housing works have mixed use) must attend a training course, fostering knowledge and expertise, professional condominium management according to the instructions of the Ministry of construction.
2. The regulation on construction plans, programs, training and coordinating with relevant agencies, the local training institutions, fostering, enhancing the knowledge of the development, housing management and the real estate market for staff, public servants working in the field of management development, housing and the individual, the organization participated in operation condominium operation management prescribed in this article.
3. the cost of training by the Agency, the unit dispatched students to attend the course payment for training facility.
Article 79. The responsibility of the Ministry of construction 1. To help the Government implement unified state management for housing on the nationwide 2. Research, the Prime Minister issued the direction, strategic national housing development for each stage according to the provisions of this Decree.
3. Research, the Government of the Prime Minister, edits, additions, new or modified issued supplements, issued under the authority of the text related to the development and management of housing under the Housing Act regulations and decrees.
4. Directed the implementation of the strategy, the national target programs for housing due to the Prime Minister for approval.
5. test, inspection, addressed under the authority or the Government, the Prime Minister to solve the difficult problems of the ministries, agencies, organizations and individuals in the process of implementing the Laws and decrees; monitor, check the implementation of the provisions related to housing but was delivered to the ministries, other industry implementation.
6. Perform the tasks according to the provisions of this Decree and under the direction of the Prime Minister.
7. Annual periodic and unscheduled reports required by the Government, the Prime Minister about the situation in housing Law and decrees on nationwide.
Article 80. Responsible for managing the State of the House of the ministries concerned 1. Ministries, ministerial-level agencies in the scope of its powers, the mission is responsible, in coordination with the Ministry of construction made the governance of housing. 2. Study of modification, Supplement, issued the documents related to the management, functional housing development, the Government assigned tasks or in collaboration with the Ministry of construction in the study of the draft policy, taking direction, guiding implementation and testing, inspection of the observance of the provisions of the law on management and development of the housing sector levels, agencies, organizations and individuals concerned.
Article 81. Responsible for the governance of local housing 1. The provincial people's Committee has the responsibility: a) implement state management for housing;
b) build and organize the implementation of programs, plans of local housing development, including planning, programme development in General and the goals of local programs of support for housing of social objects get stuck over the House;
c) publicized on the Website of the provincial people's Committee and of the Department of building construction planning ratio of 1/2000 and detailed planning 1/500 rate construction, housing development projects being implemented, the transfer of the project, the change owner and the progress made in housing development projects;
d) planning and layout of land fund to build social housing, public housing under the provisions of this Decree;
DD) Organization made public housing fund management and social housing was built by the local budget;
e) determine the home directory of the Villa to make the management according to the provisions of this Decree and relevant laws;
g) direction, guidance, implementation, testing, inspection and management of local housing development functional tasks;
h) advocacy, lobbying organizations, personal observance of the provisions of the law on housing development and management;
I) processed under the authority or the competent agency proposal to handle violations of the housing legislation;
k) chairing or coordinating with the ministries perform tasks according to the provisions of this Decree and Law;
l) annual recurring or one-time request-level reports on the situation in housing Law and the implementation of this Decree.
2. Help the provincial people's Committee to implement state management of housing and real estate market in the area is the Department of construction.
3. the people's committees at district level are responsible for performing the State management of housing and real estate market in the area under the function, the tasks assigned to it.
4. The Chairman of the provincial people's Committee and Chairman of the people's Committee at district level accountable before the law if delay implementation or non-implementation of the provisions of this Decree and Housing Law.
Article 82. The Steering Committee on housing policy and property market 1. The Prime Minister decided to set up a Central Steering Committee on housing policy and property market to help prime the research, direction and coordination to solve the important interdisciplinary, still relevant to the policy development, management of housing and real estate markets across the country.
2. the Central Steering Committee on housing policy and property market have the task and powers: directing, urging, guide and check the implementation of the housing development program, policy and guidelines on housing and real estate markets in the ministries and localities; join the big policy ideas, important related to the housing and real estate market; the Prime Minister's recommendations and the Agency has the authority to review, modify, supplement or to suspend the enforcement of the documents related to the housing and property market due to the ministries and the provincial people's Committee issued contrary to the provisions of the law on housing and real estate markets.
3. Based on the duties and powers of the Central Steering Committee on housing policy and property market, Chairman of the provincial people's Committee decided to set up the Steering Committee on housing policy and property market to help provincial people's Committee Chairman issued the direction to the implementation of policies related to the housing sector and real estate market locally.
4. The members of the Steering Committee and the experts assisting the Steering Committee on housing policy and the real estate market work in part-time mode and be entitled to the allowance under regulation of the Prime Minister. Cost of operation of the Steering Committee by the State budget at the same level.

5. The functions, duties, powers, regulations of the Steering Committee and the Steering Committee to help organizations at Central Government regulations by the Prime Minister, by the local people's Committee Chairman issued the regulations.
Chapter VII ENFORCEMENT PROVISIONS Article 83. Effect 1. The Decree has effect from August 2010.
2. This Decree replaces Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the law on housing. 3. For housing development project has been established and approved under the provisions of Decree No. 90/2006/ND-CP dated 6 September 2006 from the Government detailing and guiding the implementation of the law in the House but the people's Committee, or provincial-level people's Committee has not approved or approved cases (including houses built in the area New City) but has suggested a change in the content of the housing development projects under the provisions of paragraph 4 of article 7 of this Decree, the make up, appraisal, approval, approve or approve additional content housing development project (the project for development of housing or housing development projects) under the provisions of this Decree.
4. Removal of content related to the housing development, recognition of housing ownership, management using housing, housing transactions, state management of housing are regulated in the Government Decree, the text of the laws by the ministries and the provincial people's Committee issued before the date of the Decree has effect that contrary to regulations This Decree.
Article 84. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.