Circular No. 01/2014/TT-BXD guiding the management and use of public service housing

CIRCULAR

Guidelines for managing and using public housing|||

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Pursuant to the Law on Housing dated November 29, 2005;

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on the management and use of state-owned housing;

Pursuant to Decision No. 09/2008/QĐ-TTg dated January 11, 2008 of the Prime Minister on principles of design and standards for the use of public housing;

The Minister of Construction hereby issues this Circular to regulate the issuance of real estate brokerage practice certificates; guide the operation of real estate trading floors.

The Minister of Construction issues this Circular guiding the management and use of public housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies certain details regarding the management and use of public housing (including basic interior furnishings attached to such housing), including: principles for managing and using public housing; procedures and formalities for renting public housing; methods for determining rental prices for public housing; rental contracts for public housing; reports on the management and use of public housing; prohibited acts in the management and use of public housing; resolution of disputes and handling of violations in the management and use of public housing.

Article 2. Applicability

1. Subjects eligible and meeting the conditions to rent public housing as stipulated in Article 11 of Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on the management and use of state-owned housing (hereinafter referred to as Decree No. 34/2013/NĐ-CP);

2. Organizations and individuals related to the management and use of public housing;

3. State agencies at all levels responsible for housing management.

Article 3. Explanation of Terms

1. "Public Housing Management Agency" is the agency assigned by central ministries and sectors or provincial People's Committees (hereinafter collectively referred to as provincial People's Committees) to directly manage the public housing fund under the management of the respective ministry, sector, or locality.

2. "Public Housing Operation Management Unit" is an organization with legal personality or a business established in accordance with laws on businesses, having the function and professional capacity to manage and operate housing, selected by the competent authority to implement the management and operation of public housing.

Chapter II

MANAGEMENT AND USE OF PUBLIC HOUSING

Article 4. Provisions on the management and use of public housing

1. Public housing must be managed and used in compliance with the provisions of Article 21 of Decree No. 34/2013/NĐ-CP and specific provisions as follows:

a) Public housing must be strictly managed during the process of management and use, without arbitrarily changing its purpose; rental must ensure the correct target and conditions as prescribed;

b) When the standard for renting public housing is exceeded or the person moves to another location or retires from work, the tenant of public housing has the responsibility to return the public housing;

c) The public housing operation management unit is responsible for organizing the implementation of management, operation, maintenance, and rental of public housing, ensuring safety, security, and environmental hygiene;

d) For areas designated for commercial and service purposes (clearly stated in the approved investment project for public housing) the management unit may exploit these areas commercially to offset the costs of managing and maintaining public housing;

đ) In cases where the public housing operation management unit directly collects fees for services such as electricity, water, internet, or property storage, it must ensure that the fee collection activity does not have a commercial purpose;

e) For public housing of the Government, the management and allocation for rental shall be carried out in accordance with Decision No. 695/QĐ-TTg dated May 7, 2013 of the Prime Minister on the management and allocation for rental of public housing of the Government.

2. Standards and quotas for basic interior furnishings for public housing are specified as follows:

a) Standards and quotas for furnishing interior furnishings for public housing of the Government shall be implemented in accordance with Joint Circular No. 04/2013/TTLT-BXD-BTC dated April 22, 2013 of the Ministry of Construction and the Ministry of Finance on standards and quotas for basic interior furnishings for public housing of the Government.

b) Standards and quotas for basic interior furnishings for public housing managed by ministries, sectors, and localities shall be implemented in accordance with guidelines issued by the Ministry of Finance.

c) Standards and quotas for basic interior furnishings for public housing managed by the Ministry of Public Security and the Ministry of Defense shall be decided by the Ministry of Public Security and the Ministry of Defense respectively, after obtaining the agreement of the Ministry of Finance.

3. Management and use of interior furnishings for public housing are regulated as follows:

a) Selection of equipment and items for interior furnishings must be suitable for the functionality, area, and space of each room in the apartment, ensuring economy and efficiency;

b) Basic interior furnishings for public housing shall be provided for new construction projects or when purchasing apartments without interior furnishings to be used as public housing. If the purchased apartment already has basic interior furnishings, they shall not be replaced but only supplemented with missing items according to the provisions of Clause 2 of this Article;

c) Equipment and items for interior furnishings in public housing must have a minimum service life of five years.

4. Warranty for public housing

a) Warranty for public housing is carried out according to the commitment in the contract between the developer and the construction unit, the equipment supply unit, and in accordance with the regulations of the law on housing. In cases where commercial housing is purchased for public housing, the seller of the commercial housing is responsible for warranty for the public housing and the equipment attached to it.

b) Contents of warranty for public housing include: repair and rectification of structural defects of the housing (walls, cores, columns, beams, floors, ceilings, walls, roofs, water tanks, plastering, tiling, and other structures), equipment attached to the housing such as elevators, fire protection systems, various door systems, fuel supply systems, power supply lines for daily use, lighting, water supply systems, drainage, correction of tilting, subsidence, and collapse of housing.

c) Time, cost, and responsibility for warranty for public housing are carried out in accordance with the regulations of the law on housing.

5. Maintenance of public housing

a) Maintenance of public housing includes regular upkeep, periodic repairs, and emergency repairs to maintain the quality of public housing. Maintenance of public housing is carried out in accordance with the regulations of the law on maintenance of construction works and the law on housing.

b) Costs for maintenance of public housing:

- In case of investment in constructing official housing, the official housing management agency specified in Article 6 of this Circular shall prepare the annual maintenance budget for official housing from state budget funds and submit it to the official housing ownership representative agency specified in Article 5 of this Circular for approval.

- In case of purchasing commercial housing for official housing purposes, the maintenance costs for the common areas (2%) must be included in the purchase price of the commercial housing.

6. Renovation and demolition of official housing

The renovation and demolition of rented official housing shall be carried out in accordance with the laws on housing and construction. During the renovation period, the official housing management and operation unit must arrange alternative accommodation with equivalent area and conditions for the tenants.

7. Archiving official housing records

a) The official housing management agency is responsible for collecting, compiling, and archiving official housing records, and handing over one set of completion records (in cases of new construction) or redrawing plans (for existing official housing without records) to the official housing management and operation unit;

b) The official housing management and operation unit is responsible for receiving, compiling, and archiving completion records and other relevant records related to the construction, operation, warranty, maintenance, and renovation of official housing; if there are insufficient records, they must be supplemented, restored, or redrawn; they are also responsible for transferring newly generated or supplementary records to the official housing management agency for storage as required;

c) For newly constructed official housing, the management records include:

- Relevant documents concerning land use rights, ownership of housing, and other assets attached to the land;

- Documents related to project approval; design drawings, completion drawings; acceptance and handover documents for putting housing into use;

- Maintenance procedures for housing and equipment designed by the housing contractor and equipment supplier;

- Other relevant records and documents concerning housing (if any);

d) For official housing put into use before the effective date of Decree No. 34/2013/NĐ-CP and for some public housing units arranged in apartment buildings that have not been managed according to the provisions of Point c Clause of this Article, the official housing ownership representative agency is responsible for organizing the preparation or hiring a consulting unit with sufficient capacity to prepare management records as follows:

- For official housing put into use before the effective date of Decree No. 34/2013/NĐ-CP:

+ Land use right certificate, housing ownership certificate, and certificates for other assets attached to the land issued to the official housing ownership representative agency;

+ Photographs showing the full front view of the house; current layout plan of the overall site of the official housing area indicating the position, shape, size, and area of the plot and the structures within the official housing premises;

+ Current layout drawings of the electrical, water supply and drainage, communication systems, and interior fixtures (if any) currently in use in the official housing;

+ Maintenance procedures for the structure and facilities of the official housing;

- For public housing units arranged in apartment buildings:

+ Relevant documents concerning the public housing units arranged in the apartment building;

+ Current floor plans of floors containing public housing units;

đ) The cost of preparing management records for official housing shall be covered by the state budget and included in the annual budget of the official housing ownership representative agency.

Article 5. Agency Representing the Owner of Official Housing

The agency representing the owner of official housing is specified in Decree No. 34/2013/NĐ-CP, specifically as follows:

1. The Ministry of Construction is the agency representing the owner of official housing for the Government.

2. The Ministry of National Defense and the Ministry of Public Security are agencies representing the owner of official housing under their respective ministries that have been assigned to manage.

3. Other central ministries and agencies are agencies representing the owner of official housing that have been assigned to manage.

4. The People's Committee of a province is the agency representing the owner of official housing that has been assigned to manage within its jurisdiction.

Article 6. Management Agencies for Official Housing

1. Management agencies for official housing include:

a) For official housing of the Government, the Real Estate Management and Market Department of the Ministry of Construction is the management agency for official housing of the Government.

b) For official housing managed by central ministries and agencies, the Office of the Ministry or the unit responsible for managing housing within that ministry or agency is the management agency for official housing.

c) For official housing of localities managed by the People's Committee of a province, the Construction Department is the management agency for official housing; for the official housing fund of localities managed by the People's Committee of a province and entrusted to the People's Committee of a district, town, or city (hereinafter referred to collectively as the People's Committee of a district), the department responsible for managing housing within the People's Committee of a district is the management agency for official housing.

2. Rights and responsibilities of management agencies for official housing

a) Accepting, reviewing, tallying, and categorizing official housing under their management;

b) Establishing and storing records of official housing and providing one set of completion records (for newly constructed housing) or redrawing records (for currently used housing) to the entity managing the operation of official housing;

c) Compiling a list and submitting it to the agency representing the owner of official housing for the decision on tenants of official housing; having the right to decide on tenants of official housing if authorized;

d) Submitting to the agency representing the owner of official housing for the decision on the entity managing the operation of official housing or independently deciding on selecting the entity managing the operation of official housing if authorized through a power of attorney contract as prescribed in Appendix No. 02 issued together with this Circular;

đ) Establishing rental prices for official housing under their management based on legal provisions and submitting them to the agency representing the owner of official housing for approval;

e) Reporting to the agency representing the owner of official housing for the decision to reclaim official housing; having the right to decide on reclaiming official housing if authorized;

g) Inspecting, urging, and supervising the leasing, maintenance, and operational management of official housing within their jurisdiction;

h) Receiving indirect management costs from rental fees for official housing as stipulated in Point c Clause 2 Article 11 of this Circular;

i) Inspecting financial reports of entities managing the operation of official housing;

k) Preparing plans for maintenance, renovation, or reconstruction of official housing and submitting them to the agency representing the owner of such housing for approval;

l) Inspecting, monitoring, and handling violations or requesting competent authorities to handle violations related to the management and use of official housing;

m) Summarizing and reporting on the management and allocation for leasing of official housing as prescribed in Point b Clause 1 Article 17 of this Circular.

Article 7. The unit managing and operating public service housing (hereinafter referred to as the Housing Lessor)

1. Units managing and operating public housing

a) The unit managing and operating public service housing shall be assigned tasks for managing and operating housing through direct assignment or tendering by the public service housing management agency as stipulated in Clause 1, Article 6 of this Circular to implement the management and operation of public service housing through a contract.

b) For public service housing intended for teachers, doctors, and healthcare staff located within or adjacent to school premises or healthcare facilities, such housing may be managed and operated by the respective schools or healthcare facilities.

c) In cases where there are few public service houses in remote, border, or island areas and no enterprises manage and operate housing, the public service housing management agency shall undertake the management and operation of public service housing.

d) When purchasing commercial housing to arrange as public service housing, the enterprise currently managing and operating the commercial housing shall undertake the management and operation of the public service housing.

2. Rights and responsibilities of units managing and operating public housing

a) Accept the public service housing fund transferred from public service housing management agencies in accordance with Decree No. 34/2013/NĐ-CP, this Circular, and relevant laws;

b) Implement management and operation, maintenance, and leasing of public service housing pursuant to the authorization contract signed with the public service housing management agency;

c) Develop and issue the Internal Regulations on the Management and Use of Public Service Housing as prescribed in this Circular and disseminate the contents of these regulations to tenants of public service housing;

d) Manage the unleased areas of public service housing within the assigned housing area;

đ) Exploit the areas designated for business and services (if any) within the public service housing project in accordance with the law to generate revenue to offset management and maintenance costs of the housing;

e) Activities related to the management and operation of public service housing shall enjoy appropriate benefits as prescribed by law for the type of contract with enterprises and public utility services for public utility enterprises;

g) Collect and store files related to the construction, operation, warranty, maintenance, and renovation of public service housing; if the files are incomplete, they must be supplemented, restored, or redrawn; responsible for transferring newly generated or supplementary files to the public service housing management agency for storage as required;

h) Organize maintenance and renovation of public service housing according to the approved plan. For public service apartments arranged in commercial residential buildings, the managing and operating unit must allocate funds from the rental income of the public service housing to pay back the public service housing management agency for the common maintenance fund (2%) as prescribed;

i) Inspecting, monitoring, promptly identifying, handling, or proposing competent authorities to handle violations in the management and use of public housing.

k) Coordinate with local authorities' functional agencies to ensure security and order for tenants of public service housing;

l) Carry out the recovery of public service housing according to the decision of the competent authority;

m) Summarize and report periodically every three months or at the request of the public service housing management agency on the management and operation, maintenance, and leasing of public service housing;

n) Perform other rights and obligations as prescribed by law.

Article 8. Rights and responsibilities of agencies and organizations directly managing tenants of public service housing

1. Allocate public service housing for Party and State leaders who are eligible to reside in public service housing as stipulated in Clause 1, Article 9 of this Circular;

2. Inspect and confirm in the application for renting public service housing submitted by individuals eligible to rent public service housing regarding the current housing situation in their place of work and bear responsibility for the content thereof;

3. Send registration documents, prepare lists along with applications for renting public service housing as stipulated in Clause 2, Article 9 of this Circular, and report to the representative agency of the owner of public service housing for consideration and decision on the eligible tenants of public service housing;

4. Pay the rent for public service housing to the managing and operating unit as prescribed in Clause 2, Article 12 of this Circular and notify the tenant of public service housing about the payment;

5. Notify in writing the public service housing management agency and the managing and operating unit of public service housing when the tenant no longer meets the criteria for renting public service housing, transfers jobs, retires, or resigns;

6. Be responsible for renting alternative housing meeting the equivalent standards of public service housing for individuals eligible to reside in public service housing in cases where public service housing is not available in their place of work. The tenant shall be responsible for paying the full rent if the rent is lower than or equal to 10% of their salary and allowances (if any). If the rent exceeds 10% of the tenant's salary and allowances (if any), the tenant shall only pay 10% of their salary and allowances, and the remaining rent difference shall be paid by the agency or organization directly managing the tenant.

Chapter III

LEASE CONTRACT, RENTAL PRICE, PAYMENT

RENT FOR PUBLIC SERVICE HOUSING

Article 9. Procedures for renting public service housing

1. Subjects and conditions for renting public service housing

a) The subjects eligible to rent public service housing: as stipulated in Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP.

b) Conditions:

- For officials renting public service housing as specified in Point a, Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP, they shall be allocated public service housing according to security requirements;

- For individuals renting public service housing as specified in Points b, c, d, đ, Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP, they must meet the following conditions:

+ Not having their own house at the location where they are assigned to work;

+ Not having purchased, rented, or rented to purchase social housing at the location where they are assigned to work;

- Other cases shall be decided by the Prime Minister.

2. The application form for renting public service housing is specified in Appendix No. 01 attached to this Circular.

3. Procedures for renting public service housing

a) For officials belonging to the category eligible to rent public service housing of the Government as stipulated in Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP, the procedures for renting public service housing shall be implemented in accordance with Decision No. 695/QĐ-TTg dated May 7, 2013 of the Prime Minister on management and allocation for renting public service housing of the Government.

b) For individuals renting public service housing as specified in Point c, Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP, the Ministry of National Defense and the Ministry of Public Security shall specify in detail the competent authority to decide on the subject eligible to rent public service housing and the procedures for renting public service housing in accordance with actual conditions and the provisions of this Circular.

c) For individuals renting public service housing as specified in Points d, đ, Clause 1, Article 11 of Decree No. 34/2013/NĐ-CP, the registration for renting public service housing shall be carried out as follows:

- The agency or organization directly managing the person who needs to rent public service housing shall submit a registration letter, prepare a list along with the application form for renting public service housing as stipulated in Clause 2 of this Article, and register with the public service housing management agency as follows:

+ For public service housing managed by Ministries and sectors, the agency or organization under the said Ministry or sector managing the person applying to rent public service housing shall register to rent public service housing with the public service housing management agency under that Ministry or sector.

+ For public service housing managed by provincial People's Committees, the agency or organization managing the person applying to rent public service housing shall register to rent public service housing with the Department of Construction; for public service housing funds managed by provincial People's Committees and entrusted to district-level People's Committees (hereinafter referred to as district-level People's Committees) for management, the registration for renting public service housing shall be made with the department responsible for housing management under the district-level People's Committee.

- Based on the existing public service housing fund and the standards for using public service housing, the registration letter from the agency directly managing the person applying to rent public service housing, the representative body of the owner shall examine and decide on the allocation for rental by written decision within fifteen working days from the date of receipt of the file from the agency managing the person applying to rent public service housing. In case it is not possible to allocate for rental, the representative body of the public service housing owner must issue a written response to the agency managing the person applying to rent public service housing, clearly stating the reasons within fifteen working days from the date of receipt of the registration letter from this agency.

- Based on the decision allocating for rental of public service housing by the representative body of the owner, the public service housing management agency shall issue a letter (attached with the list of persons allocated for rental) requesting the management and operation unit to directly sign a public service housing rental contract with the tenant in accordance with the following provisions:

+ Both parties shall directly negotiate and sign the public service housing rental contract.

+ The rental price for public service housing as stipulated in Article 11 of this Circular.

+ The rental period shall be the term of appointment, transfer, or rotation of the tenant but shall not exceed five (05) years. Upon expiration of the contract, if the tenant still qualifies for continued rental of public service housing, the lessor and the tenant of public service housing shall enter into a new contract in accordance with the provisions of this Article.

+ The management and operation unit of public service housing shall be responsible for sending the signed contract to the public service housing management agency and the agency managing the tenant, each receiving one original copy.

Article 10. Tenancy Contract for Official Housing

1. The leasing of official housing must be established in a Contract according to the Model specified in Appendix No. 03 of this Circular.

2. The tenancy contract for official housing must be attached with the Internal Regulations on the use of official housing as stipulated at Point c Clause 2 Article 7 of this Circular.

Article 11. Rent Price for Official Housing

1. Principles for Determining the Rent Price for Official Housing

a) Cover all necessary costs for management, operation, maintenance, and rental management during the use of the housing (excluding depreciation costs of investment capital).

b) Exclude land usage fees.

c) The rent price for official housing will be reviewed and adjusted when the State changes the pricing framework or the rent price for official housing. In cases where the management and operation cost (management service fee) issued by the Provincial People's Committee changes, the rent price will also be adjusted accordingly.

d) For the use of services such as electricity, water, telephone, internet, parking various types of vehicles, and other services directly paid by tenants to service providers based on bilateral contracts. If the official housing management and operation unit signs a contract with the service provider, the tenant is responsible for paying the service usage fee to the management and operation unit to pay the service provider.

2. Costs constituting the rent price for official housing include management and operation costs, maintenance costs, and rental management costs for official housing and are determined specifically as follows:

a) Management and operation costs include:

- Wages and allowances, social insurance, health insurance, and other deductions from the salary fund for the staff of the official housing management and operation unit; wages are determined based on the staffing level of employees and the current salary, allowances, and other deductions from the salary fund as prescribed by the State.

- Costs for services within the official housing area such as security, cleaning, waste collection, garden care, pest control, and other services (if any), determined based on the workload and the agreed service contract terms.

- Office supplies, office furniture, tools, and inexpensive consumables of the official housing management unit;

- Electricity and water costs for the office working machinery of the management and operation unit; public lighting in the housing area; elevator operation (if any).

b) Maintenance costs cover all expenses for regular maintenance, periodic repairs, and emergency repairs to maintain the quality of official housing; costs for maintenance work calculated and determined by the investor based on the construction project maintenance process designed by the contractor.

c) Rental management costs include indirect management costs for the official housing management agency and direct costs for the official housing management and operation unit as guided by the Ministry of Finance.

3. Method for Determining the Rent Price for Official Housing

Formula for determining the rent price for official housing

Where:

of_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} - Rent price for 1m²/month.² of apartment usage in 1 month (VND/square meter²- Total annual management and operation costs of the official housing area (VND/year).

Article 24_l - Average annual maintenance cost for apartment buildings (VND/year).

B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} - Revenue from operating services in the official housing area in the year such as parking services, cafeteria services, advertising, and other service revenues as prescribed by law (VND/year).

T_dv S - Total usable area of apartments in the official housing area (m²).

P - Reasonable fixed profit margin (percentage).²).

K - Discount factor provided by the management and operation unit to reduce the rent price for official housing (if applicable).

T - Value-added tax rate as prescribed by the State.

T - Rate of value-added tax as prescribed by the State.

Article 12. Payment for Official Housing Rent

1. In cases where the official housing tenant signs an official housing rental contract with the management unit, the tenant shall directly pay the official housing rent according to the amount and deadline specified in the official housing rental contract.

2. In cases where the official housing tenant fails to pay the rent for three consecutive months, the managing authority of the official housing tenant shall deduct from the tenant's salary to pay the rent to the management unit of the official housing.

Article 13. Rights and Obligations of Official Housing Tenants (hereinafter referred to as the Tenant)

1. Rights of official housing tenants:

a) To use the area of official housing as stipulated in the rental contract for themselves and family members (including parents, spouse, and children);

b) To request the official housing management unit to promptly repair any damage to the rented official housing;

c) To be allocated another house with corresponding area if the rented official housing needs renovation or demolition;

d) To continue renting official housing upon expiration of the lease term if they still meet the criteria and have the necessary conditions to be allocated official housing.

2. Obligations of official housing tenants:

a) To use the housing for its intended purpose; maintain the housing and accompanying equipment (if any); be responsible for repairing any damage caused by them and compensate for losses incurred;

b) To pay the full official housing rent on time as specified in the official housing rental contract with the management unit; pay utility costs such as electricity, water, telephone, and other services provided by service providers;

c) Not to make any unauthorized renovations or repairs to the official housing without written consent from the official housing management authority;

d) Not to transfer, sublet, or allow others to reside in or borrow the official housing under any form;

đ) To comply fully with the provisions of this Circular and the Internal Regulations for Official Housing Use;

e) To comply with regulations on environmental sanitation and security in the residential area; complete registration of temporary residence for themselves and family members when moving into official housing;

g) To return the official housing along with the accompanying furniture to the official housing management unit within three (03) months from the date they no longer qualify for official housing rental or no longer need to rent official housing, and pay the official housing rent and service fees from the effective date of the decision to recover the official housing until the completion of the recovery process.

Article 14. Recovery of Official Housing

Official housing may be recovered in the following cases:

1. The tenant retires or no longer meets the criteria for official housing rental;

2. The tenant transfers to work in another locality;

3. The tenant requests to return the official housing;

4. The tenant dies while renting official housing;

5. The tenant uses official housing for purposes other than those intended or fails to fulfill their obligations as an official housing tenant, leading to a decision by the official housing management authority to recover the housing.

Article 15. Procedures for recovery and forced recovery of public service housing

1. Procedures and formalities for recovery of public service housing

a) When it is necessary to recover public service housing according to Article 14 of this Circular, based on the Petition proposing recovery from the public service housing management agency, the representative agency of the owner of the public service housing shall examine and if the conditions for recovery are met, issue a Decision on Recovery of Public Service Housing and send one copy to the Lessor, one copy to the Lessee, and one copy to the agency managing the Lessee to coordinate in the recovery of the public service housing.

The Decision on Recovery of Public Service Housing must contain the following contents:

- Legal basis;

- Address of the public service housing and name of the person renting the public service housing to be recovered;

- Reason for recovering the public service housing;

- Name of the agency or unit implementing the recovery of public service housing;

- Time limit for recovery of public service housing;

- Management and use of public service housing after recovery.

b) After receiving the Decision on Recovery of Public Service Housing from the representative agency of the owner of the public service housing, within seven working days, the Lessor has the responsibility to notify the Lessee in writing about the specific time for recovery to hand over the housing; the Lessee has the responsibility to hand over the housing to the Lessor; the recovery and handover of the housing must be recorded in a protocol signed by all parties. In case the Lessee does not accept the recovery notification or does not sign the recovery and handover protocol, after the recovery deadline specified in Point c Clause 1 of this Article, the Lessor invites the People's Committee of the commune where the public service housing is located to witness, sign the protocol, and unilaterally terminate the lease contract of public service housing from the date of signing the recovery protocol.

c) The maximum recovery period for public service housing does not exceed ninety days, starting from the effective date of the Decision on Recovery of Public Service Housing.

d) After recovering the public service housing, the Lessor implements the management and use of the public service housing according to the Decision on Recovery of Public Service Housing and reports in writing to the public service housing management agency about the completion of the recovery of public service housing.

2. Procedures for forced recovery of public service housing

a) In cases where the Lessee of public service housing subject to recovery fails to return the housing within the time limit specified in Point c Clause 1 of this Article, the Lessor shall report in writing to the public service housing management agency requesting forced recovery of public service housing.

b) Based on the Lessor's proposal, the public service housing management agency shall inspect and prepare a Petition along with a draft Decision on Forced Recovery of Public Service Housing and request the representative agency of the owner of the public service housing to examine and issue a Decision on Forced Recovery of Public Service Housing.

c) Upon receipt of the Petition from the public service housing management agency, the representative agency of the owner of the public service housing shall have the responsibility to inspect and compare with the provisions of Decree No. 34/2013/NĐ-CP to issue a Decision on Forced Recovery of Public Service Housing and send this Decision to the public service housing management agency, the Lessor, and the Lessee; in cases where central ministries and agencies issue a Decision on Forced Recovery of Public Service Housing, such agencies must attach a document with the Decision on Forced Recovery of Public Service Housing requesting the People's Committee of the province where the public service housing is located to organize the forced recovery.

For public service housing under the Government, the compulsory recovery of public service housing shall be carried out in accordance with the provisions of Clause 3, Article 11 of Decision No. 695/QĐ-TTg dated May 7, 2013 of the Prime Minister.

For public service housing currently managed by the Ministry of National Defense and the Ministry of Public Security, the public service housing management agency may issue a Decision on Forced Recovery of Public Service Housing if authorized to do so.

d) Based on the Decision on Forced Recovery of Public Service Housing, the People's Committee of the province where the public service housing is located may directly or delegate the People's Committee of the district where the public service housing is located to organize the forced recovery and hand over the housing to the Lessor as stipulated. The handover of public service housing must be recorded in a protocol confirmed by the participating agencies in the forced recovery.

đ) The time limit for forced recovery implementation does not exceed sixty days from the date the representative agency of the owner issues the Decision on Forced Recovery of Public Service Housing.

e) After accepting the handover of recovered public service housing, the Lessor has the responsibility to manage and use the public service housing according to the Decision on Recovery of Public Service Housing and report to the public service housing management agency.

Chapter IV

REPORT ON THE SITUATION OF MANAGEMENT AND USE OF PUBLIC SERVICE HOUSING AND PROHIBITED ACTIONS IN THE MANAGEMENT AND USE OF PUBLIC SERVICE HOUSING

PUBLIC SERVICE HOUSING

Article 16. Procedure for Reporting on the Management and Use of Official Housing

1. The unit managing and operating official housing shall report to the official housing management agency on the situation of management, operation, maintenance, and rental management of official housing.

2. The official housing management agency shall report to the representative agency of the owner regarding the situation of management and allocation for renting official housing.

3. Ministries, sectors, central agencies, and provincial People's Committees shall report to the Ministry of Construction on the situation of management and use of official housing managed by their agencies or localities.

4. The Ministry of Construction shall compile and report to the Prime Minister on the implementation of policies for the management and use of official housing nationwide.

Article 17. Reporting System and Content

1. Reporting System

The agencies and units mentioned in Article 16 of this Circular shall implement reporting as follows:

a) Regularly every three months or at the request of the official housing management agency, the unit managing and operating official housing shall report on the situation of management, operation, maintenance, and rental management of official housing.

b) Regularly every six months or at the request of the representative agency of the owner of official housing, the official housing management agency shall report on the situation of management and allocation for renting official housing under its management.

c) Annually or at the request of the Prime Minister or the Ministry of Construction, ministries, sectors, central agencies, and provincial People's Committees shall submit written reports to the Ministry of Construction before December 15 each year, according to the content specified in Clause 2 of this Article, on the situation of management and use of official housing managed by their agencies or localities.

2. Content of Annual Reports

The agencies specified in Point c Clause 1 of this Article shall report aggregated data and detailed reports on the situation of management and use of official housing according to the forms prescribed in Appendix 04 and Appendix 05 issued with this Circular. In the case where a provincial People's Committee reports to the Ministry of Construction, it only needs to report aggregated data on the situation of management and use of official housing according to the form prescribed in Appendix 05 issued with this Circular.

Article 18. Prohibited Acts in the Management and Use of Official Housing

1. Changing the purpose of use of official housing without authorization;

2. Renting official housing to unauthorized individuals;

3. Transferring or assigning rental contracts for official housing in any form;

4. Allowing others to borrow or stay temporarily in part or all of the official housing;

5. Renovating or repairing official housing without the consent of the official housing management agency;

6. Acts stipulated in Article 8 of Circular No. 38/2009/TT-BXD dated December 8, 2009, of the Ministry of Construction on guiding the management and use of villa-type housing in urban areas, in cases where official housing is villa-type housing;

7. Acts stipulated in Article 23 of the Regulation on the Management and Use of Apartment Buildings issued with Decision No. 08/2008/QĐ-BXD dated May 28, 2008, of the Minister of Construction, in cases where official housing is apartment buildings;

8. Other prohibited acts as stipulated by law.

Chapter V

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 19. Resolution of Disputes

Disputes concerning official housing rental contracts shall be resolved through negotiation between the parties. If negotiation fails, one of the parties may request the People's Court to examine and resolve the dispute in accordance with the law.

Article 20. Sanctions for violations

1. Violations of the provisions set forth in this Circular shall be handled by competent authorities in accordance with the laws on administrative sanctions in housing development and office management.

2. Those who abuse their positions or powers to contravene regulations on operation, maintenance, and rental management of public service housing shall be subject to administrative sanctions or criminal liability depending on the severity of the violation. If such actions result in material damage, compensation must be provided.

Chapter VI

IMPLEMENTATION

Article 21. Responsibilities of Ministries and Sectors in Managing Public Service Housing

1. Ministries and sectors with public service housing funds shall base their management and usage regulations on the provisions of this Circular, issuing appropriate regulations that fit their specific conditions.

2. Report on the situation of managing and using public service housing as stipulated in Article 17 of this Circular.

Article 22. Responsibilities of People's Committees at all levels

1. Responsibilities of the Provincial People's Committee

a) Issue management and usage regulations for public service housing under their provincial jurisdiction based on the content of this Circular; establish a rental price framework suitable for local conditions to apply uniformly within the province;

b) Report on the situation of managing and using public service housing as stipulated in Article 17 of this Circular.

2. Responsibilities of the District People's Committee

a) Directly manage the assigned public service housing fund; select units to manage and operate public service housing;

b) Inspect and identify issues arising in the management and use of the assigned public service housing fund to resolve them within their authority or report to the Provincial People's Committee for consideration and resolution;

c) Report on the situation of managing and using public service housing as stipulated in this Circular.

Article 23. Responsibilities of Construction Departments of Provinces and Central Cities

1. Select units to manage and operate public service housing when assigned by the Provincial People's Committee; inspect and urge the implementation of management, operation, maintenance, and rental management of public service housing; submit to the Provincial People's Committee for approval of rental prices for managed public service housing;

2. Recommend measures to the Provincial People's Committee to address violations;

3. Compile and report to the Provincial People's Committee on the situation of managing and using public service housing in the province.

Article 24. Responsibilities of the Department of Housing Management and Real Estate Market

The Department of Housing Management and Real Estate Market is responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of this Circular; compiling periodic reports on its implementation and recommending amendments and supplements to be issued by the Minister of Construction within their authority or reported to the Prime Minister for consideration and decision.

Article 25. Effective Date

1. This Circular takes effect from March 6, 2014

2. Any difficulties encountered during implementation should be promptly reflected to the Ministry of Construction for research and resolution./.