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The Decree 60-Cp: The Owner Of The Housing And Land Use Right In Urban

Original Language Title: Nghị định 60-CP: Về quyền sở hữu nhà ở và quyền sử dụng đất ở tại đô thị

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The DECREE About the ownership of houses and land use right in urban GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law of the land on July 14, 1993;
The House Ordinance base in March 1991;
According to the recommendation of the Minister of construction, Minister of finance, the General Director of the Bureau of the main Address;
 
DECREE: Chapter 1 GENERAL PROVISIONS article 1.-State recognition and protection of housing and property rights of land use.
Housing, land in the in scope of this Decree include: 1. The housing of a household or of many households in the same House;
2. Land in the inner city, the town, the town is the land used to build houses, works serve the needs in the campus and if, in accordance with the master plan has been the competent State agencies for approval.
Article 2.-the House is divided in three forms: 1. State-owned housing;
2. Housing is owned by the social and political institutions, economic organizations;
3. private-owned housing.
Article 3.-all housing and land are to be registered. The legal owner is issued a certificate of ownership of housing and land use right in. Certificate of ownership of housing and land use rights granted under this Decree in substituting legal papers about housing ownership and use of land in previously issued on issued this Decree.
Article 4.-the State does not admit the claim back home in that State are managed by the former policy of the Socialist renovation on the home soil.
The State does not admit the workers reclaim land in that State has given to others to use due to the implementation of State policy in the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam and the State of the Socialist Republic of Vietnam.
 
CHAPTER II FORMS of house property article 5.-the State-owned housing include: 1. Housing created by the State budget (central budget, local budget) or are derived from the State budget;
2. House of origin of other property was transformed into State ownership under the provisions of the law;
3. The housing referred to in Paragraph 1 of this article have a section of personal money, the collective agreement or under contract to buy the House but have yet to pay off installment.
Article 6.-houses owned by political organizations, social organizations, business, including: 1. The House is created by this organization by the self mobilization;
2. Housing organizations, individual offering.
Article 7.-the private-owned housing is accommodation privately created legally through construction, purchase, or by inheritance, or are owned by other legal forms.
 
CHAPTER III registration, LICENSE, CERTIFICATE of OWNERSHIP of housing and LAND USE RIGHTS in article 8.-housing, land must be registered at the ward people's Committee, the town.
Article 9.-the person who is obliged to register houses, land is the owner of the House. In other cases people are using the housing has an obligation to register.
Article 10.-the certificate of ownership and the right to use land in the inner city, the town, the town was granted as follows: 1. In case the landlord has the legal documents by the competent authorities of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam , or the State of the Socialist Republic of Vietnam, the host was granted the certificate of ownership of housing and land use in the area;
2. In cases where the landlord has the valid documents do the competent authorities in the old mode, if this land, no House dispute, has not delivered for others to use by implementing the policies of the State of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam , or the State of the Socialist Republic of Vietnam, the host, was granted the certificate of ownership of housing and land use in the area;
3. In the case of homeowners don't have or have enough valid papers before the promulgation of this Decree: a) the landlord absolutely no valid papers: a1. If housing and land in accordance with the master plan, there is no dispute, the landlord was granted the certificate of ownership of housing and land use in the home. to be issued a certificate must file land use money in. a2. If housing construction on land are not planning on land then the landlord not to be issued a certificate of ownership of housing and land use rights in order to perform host. clearance home and ordered recovery of the State's land.
b) If the landlord has legal documents about the right to use land, build a House do not have valid papers but housing, land in accordance with current planning, there is no dispute, shall be granted a certificate of ownership of housing and land use in c) If the landlord building permits on the land or land planning fit in but not yet have legal documents rules for land use rights, no disputed, then was granted the certificate of ownership of housing and land use in the House. Homeowners must pay to use land in. d) all cases of dispute, the certificate of house ownership, land use in only be reviewed when has solved the dispute by law.
Article 11.-application for certificate of ownership of housing and land use rights in the regulation are as follows: 1. the application for a certificate of ownership of housing and land use in 2. The valid papers about housing, land in include: a) decisions and building permit or certificate owner and land use by competent State agencies for the case mentioned in clause 1, article 10 of this Decree.
b) Paper House property, land or other legal documents for the case mentioned in clause 2, article 10 of this Decree.
c) with regard to the case mentioned at points a1, paragraph 3, article 10 of this decree must have comments of Ward people's Committee, in confirming the application is the creation of the home and the Agency's certificate management authority.
d) with regard to the case mentioned at point b, paragraph 3, article 10 of this decree must have decisions and the Agency's certificate management authority.
DD) for the case mentioned at point c, paragraph 3, article 10 of this Decree shall not have a building permit by the competent authority.
In case the application is not the owner of the papers say in this paragraph, you must include a valid papers, such as: house purchase papers, papers related to inheritance, Division, receiving gifts. People who apply to be certified after the implementation of the obligations of the landlord and stamp fees as prescribed by the law.
Article 12.-the certificate of ownership and the right to use land in the inner city, town, commune by the provincial people's Committee, the central cities (hereafter referred to as the provincial level) level.
Article 13.-land administration and cadastral provincial people's committees to help organizations make the screening, registration certificate, created the original profile and management of housing ownership and use of land in.
Article 14.-the latest is 60 days from the date of receipt of a valid application, the provincial people's Committee issued a certificate of ownership of housing and land use in for litigants. In the absence of certification, they must report it to the litigant to know the reason.

Article 15.-the certificate of ownership of housing and land use in form 2. A grant to the owner and a save in the granting agency.
Article 16.-The certificate of ownership of housing and land use rights in the regulation are as follows: 1. for private housing, grants for home owners;
2. With regard to housing owned by political organizations, social organizations, grants for the Organization;
3. With regard to housing owned by the State, granting agencies, the organization assigned to manage the House;
4. for general housing owners, granted to each of the owners of private housing.
The registration, use of the home, buildings and land in techniques for different households must comply with the regulations on the management of public housing construction by the Ministry and General Directorate of cadastral issued.
5. In the case of housing owned many, if there is no text to divide the House are the co-owners of the same register, the certificate of registration all owners and granted to each owner.
Article 17.-the landlord received the certificates of ownership of housing and land use in after submitting the certification fee as prescribed by the Ministry of finance, construction, cadastral administration. With regard to the case mentioned at points a1, point c, paragraph 3, article 10 of this Decree shall only be certified after submitting land use money at the rate prescribed by the Ministry of finance.
In case the House is allowed to change the scale, structure, when you complete the change, homeowners have to register at the certification agency.
In case of separation, enter the land plots and be competent authority certificate for the new owner if the split plots, or remove the old server's certificate if the entry is obviously.
 
CHAPTER IV OWNERSHIP of houses and LAND in the RENTAL of FOREIGN INDIVIDUALS settled in VIETNAM Article 18.-foreign individuals residing in Vietnam are owned a House for themselves and their family members on the ground in Vietnam in the State's rental time settled in Vietnam , except in the case of international treaties to which Vietnam signed, join or agreement with Governments and international organizations have different rules.
Article 19.-foreign individuals settled in Vietnam was granted the certificate of house ownership if: Buy House of Vietnam's State enterprises specializing in home business;
Self created license-housing of competent State agencies;
Inheritance law in Vietnam.
The purchase of housing, land lease in the building, housing, inherited the House in must follow the provisions of the law of Vietnam.
Article 20.-application for certificate of ownership of housing and land use in hiring include: 1. the application for a certificate of ownership of housing and land use in rent;
2. Papers of the State of Vietnam allow settlement in Vietnam;
3. A building permit, or contract of purchase was notarized certificate or State legitimate;
4. land lease;
5. land plots map excerpts have campus housing, the rate of 1/200.
The record was set by Vietnamese and filed at the provincial people's Committee.
The certificate of house ownership and land use in hiring due to the provincial people's Committee.
Article 21.-the owner is housing foreign individuals settled in Vietnam have the right to use, sell, donate, to inherit the House under the provisions of the law of Vietnam and is obliged to register House property at the provincial people's Committee; lodging taxes and fees as prescribed by the law.
Article 22.-in the case of foreigners ended the settlement in Vietnam without making the rights mentioned in article 21 of this decree after 90 days from the date of leaving Vietnam, certificate course in home ownership lost value and the State of Vietnam make the right management and use in accordance with the law of Vietnam.
Chapter V DISPUTES and HANDLE breach of article 23.-The dispute over the ownership of houses and land use in due to the courts to resolve.
Article 24.-the home user in France, phợp has no violations of the rights of other users of house property and land use in or have other acts violating the laws on housing, land, depending on the extent of that infringement sanctioned administratively or prejudice criminal liability.
The advantage of position, authority to service or other personal motives which have falsified land registry figures or the certificate of house ownership and land use in contrary to the law, then, depending on the extent to which violations were disciplined or prejudice criminal liability.
The case caused physical damage, they must compensate.
 
CHAPTER VI ENFORCEMENT PROVISIONS article 25.-this Decree shall take effect as from the date of signing.
Article 26.-Minister of the Ministry of construction, Ministry of finance, General Director of the Bureau of the main Location in the function responsible for industry management guide, examine the implementation of this Decree.
President of the people's committees of provinces and cities under Central People's Committee steering the County, district, town and land management agency implementation of this Decree.
Article 27.-Minister, ministerial heads, heads of government agencies, the Chairman of the people's committees of provinces and cities under central and the owner of the House is responsible for the implementation of this Decree.