Circular No. 01/BXD-QLN guiding the transfer of state-owned housing from administrative and service agencies, armed forces, people's mass organizations, political and social organizations, and state-owned enterprises to the selling party.

CIRCULAR

Guidelines for transferring state-owned housing units eligible for sale from administrative agencies, armed forces, people's organizations, political and social organizations, and state-owned enterprises to the selling partyPursuant to Clause 2, Article 8 of Decree No. 61/CP dated July 5, 1994 of the Government, after soliciting opinions from the Central Steering Committee on Housing and Land Policy, the Ministry of Construction hereby issues guidelines for transferring state-owned housing units eligible for sale from administrative agencies, armed forces, people's organizations, political and social organizations, and state-owned enterprises to the selling party as follows:political and social organizations, state-owned enterprises for the seller of the house

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1. Administrative agencies, armed forces, people's organizations, political and social organizations, and state-owned enterprises (hereinafter referred to as the transferring party) currently managing state-owned housing units that are eligible for sale must transfer such housing units to the selling party specified in Clause 1, Article 8 of Decree No. 61/CP according to the following provisions:

2. Individuals who have registered as the principal investigator of a Research Project or Pilot Production Project and those participating in its implementation shall not participate in the Evaluation and Selection Council for that Research Project or Pilot Production Project (hereinafter referred to as the Council). In necessary cases, members of the Council may be staff members of the organization registering as the principal investigator of the Research Project or Pilot Production Project, but not more than one person and they cannot serve as Chairperson, Vice-Chairperson, or reviewing member.

a) If the transferring party is under central agencies, the transfer of housing units shall be carried out after receiving the transfer document from the central ministry (hereinafter referred to as the Ministry) and the receipt document from the provincial People's Committee (hereinafter referred to as the province).

b) If the transferring party is under local agencies, the transfer of housing units shall be carried out after receiving the Decision on Transfer issued by the provincial People's Committee.

b) If the party transferring the house is subordinate to a local administrative agency, the transfer of the house shall be carried out after the People's Committee of the province issues a Decision on Transfer.

2. The transfer of housing units must be conducted through a handover protocol between both parties based on the principle of handing over the housing units in their current condition regarding land, housing, and the users at the time of handover.

II. HANDOVER PROCEDURES

1. The transferring party shall prepare a list of state-owned housing units managed by their unit (Annex 1) and submit it to the provincial planning management agency. Based on the planning approval by the provincial People's Committee for housing areas eligible for sale under Decree No. 61/CP, the provincial planning management agency will respond in writing to the transferring party about which houses can be sold and which cannot (regardless of whether the unit has house and land ownership documents). In cases where housing units are built on temporary land allocation, without land allocation decisions, or on land allocated for office or business purposes..., each case must be examined specifically to determine if they are eligible for sale.

2. Based on the response document from the provincial planning management agency, the party transferring the house shall prepare a list of houses eligible for sale (Annex No. 2) and submit it to the superior agency according to the following procedures:

2. Based on the response from the provincial planning management agency, the transferring party shall prepare a list of housing units eligible for sale (Annex 2) and submit it to the superior agency as follows:

a) If the transferring party is under a central agency, the list of housing units eligible for sale shall be submitted to the relevant Ministry so that the Ministry can issue a transfer document to the province.

b) If the transferring party is under a local agency, the list of housing units eligible for sale shall be submitted to the provincial People's Committee.

4. Based on the houses eligible for sale transferred by the Ministry and those submitted by local agencies, the People's Committee of the province shall issue a decision to transfer the houses to the Department of Land and Housing or the Department of Construction (in areas without a Department of Land and Housing) or the People's Committee of the city under the province, town, district, or county to organize the acceptance of houses in each respective area.

3. After receiving the document with the list of housing units eligible for sale sent by the Ministry, the provincial People's Committee shall respond in writing to the Ministry regarding the acceptance of these housing units.

4. Based on the housing units eligible for sale transferred by the Ministry and those submitted by subordinate local agencies, the provincial People's Committee shall issue a decision to assign the Department of Real Estate or the Department of Construction (where there is no Department of Real Estate) or the People's Committee of cities under provinces, districts, and counties to organize the reception of housing units in their respective areas.

a) Regarding residential land: The party transferring the house shall hand over the entire residential land area under its current management, along with all existing documents such as land allocation decisions, land use right certificates, plot extracts, tax receipts, etc. In cases where there are no land documents, both parties shall mark the boundaries of the plot and hand it over according to these boundary markers, while clearly stating the reasons for the lack of land documents, such as loss of documents, takeover of the house from the previous regime without land documents, absence of a land allocation decision, etc. In cases where the house is located within a collective housing area managed by multiple units and the houses do not have separate land boundaries, the handover record shall indicate that the house is part of a collective housing area using shared land.

5. The Department of Real Estate or the Department of Construction (where there is no Department of Real Estate) or the People's Committee of cities under provinces, districts, and counties shall, based on the list of housing units assigned by the provincial People's Committee, organize the reception and issue a document assigning the Housing Business Company to carry out the specific reception. Where there is no Housing Business Company, the People's Committee of cities under provinces, districts, and counties shall directly carry out the reception of housing units.

The house or apartment being handed over must include all existing documents such as design drawings, construction permits, decisions on managing the house (for houses taken over from the previous regime), handover records from other units, purchase and sale documents (if the house was purchased from another owner), etc.

6. After receiving the list of housing units requiring reception, the Housing Business Company or the People's Committee of cities under provinces, districts, and counties (hereinafter referred to as the receiving party) shall negotiate with the transferring party on the schedule for handing over the housing units and organize the reception according to that schedule based on the current status of the housing units, land, and users at the time of handover. Specifically:

a) Regarding land: The transferring party shall hand over the entire plot of land under its management, along with all existing documents, such as land allocation decisions, land use right certificates, cadastral records, tax receipts, etc. In cases where there are no land documents, both parties shall set boundary markers for the plot and hand it over according to these markers, while clearly stating the reasons for the lack of land documents, such as loss of documents, takeover from the previous regime without land documents, lack of land allocation decisions, etc. In cases where housing units are within a collective area managed by multiple units and there are no separate land boundaries between the houses, the handover protocol shall state that the housing units are within a shared collective area.

Houses built by occupants themselves (as they are not state-owned properties) shall not be handed over, but the additional construction must be marked on the floor plan to facilitate future handling.

b) Regarding housing units: Hand over each house (if the transferring party manages the entire house) or each apartment (if the transferring party only manages a few apartments in a building with many apartments).

c) Regarding the user of the house: Hand over a list of households actually using the house, including those with contracts, without contracts, or contracts under the name of former tenants (commission houses), along with all rental contracts, and the total amount of outstanding rent.

The handover of residential land and houses together with the households currently using the houses shall be carried out through a handover record for residential land and houses (Annex No. 3).

7. Along with the handover of houses, financial agencies (at the same level) directly managing the party handing over the house shall provide financial guidance for each handover case, clearly stating the value of the house (currently being monitored on accounting books of the house and the source of construction funds for that house) to serve as a basis for recording increases or decreases in fixed assets of both the receiving and handing-over parties.

No organization shall determine the remaining value of the house at the time of handover.

8. In cases where the party handing over the house manages an entire collective housing area, including houses, residential land, and infrastructure facilities, both parties shall conduct a comprehensive handover of the entire collective housing area.

9. After accepting the house, the receiving party shall be responsible for selling it according to Decree No. 61/CP (measuring the house and land, determining the remaining value of the house, calculating the sale price, signing purchase and sale contracts, implementing the contract, and guiding buyers to complete procedures for obtaining ownership certificates for the house and land use rights). For apartments that tenants do not buy, the receiving party shall continue to manage them in accordance with Decision No. 118/TTg and 33/TTg of the Prime Minister.

10. Houses owned by the State which are not allowed to be sold but whose transfer is agreed upon by the head of the Ministry and the Chairman of the Provincial People's Committee shall be handed over in accordance with this Circular.

APPENDIX 1

LIST OF STATE-OWNED HOUSING

IN THE PROVINCE (CITY) (1)...
MANAGED DIRECTLY FOR RENT BY (2)...

... day... month... year 199...

Head of the unit

SECURITY PERSONNEL

Note:

(1) Name of province, centrally governed city

(2) Name of the party handing over the house

(Example: Construction Company No. 4 - Ministry of Construction)

(3) Registered address at the post office

(Example: - House D1 in Trung Tu collective housing area, Dong Da district, Hanoi;

House No. 23 Hai Ba Trung street, District 3, Ho Chi Minh City)

(4) In cases where the unit only manages one or a few units (rooms) within a building, while other units (rooms) are managed by others, or where the unit only manages some units as residences, while the rest are specialized-use buildings (offices, warehouses, shops, etc.), then the notes section must clearly state the number of units (rooms) that the unit is self-managing.

(Example: - The unit only manages 30 units from No. 1 to No. 30 of the building;

The unit only manages 3 rooms on the second floor of House No. 23 Hai Ba Trung)

 

ANNEX NO. 2

LIST OF STATE-OWNED HOUSING ELIGIBLE FOR SALE IN THE PROVINCE (CITY) (1)...
HANDOVER TO (2)...
(3)...

... day... month... year 199...

Head of the unit

SECURITY PERSONNEL

Note:

(1) Name of province, centrally governed city

(2) Name of the party handing over the house

(Example: Ministry of Construction Office)

(3) Name of the party receiving the house

(Example: Housing Business Company No. 1 - Hanoi Housing Department)

(4) Registered address at the post office

(Example: House No. 12A Hoang Hoa Tham Street, Ba Dinh District, Hanoi)

(5) Record: State budget investment in construction, taken over from the old regime;

Transferred from another unit, purchased from another owner, etc...

(Example: Taken over from the old regime)

(6) Record as in the notes section of Annex No. 1.

ANNEX NO. 3

Socialist Republic of Vietnam

Independence - Freedom - Happiness

--------------------------------

..., day... month... year 1995

 

RECORD OF HOUSING AND RESIDENTIAL LAND HANDOVER (1)

I. Party handing over the house (2)

II. Party receiving the house (3)

III. Address of the house being handed over:...

IV. Contents of handover:

1. Residential land:

Total area of residential land:...m2

Accompanying land documents (4):...

2. Housing:

a- Type of house (5)

b- Year of construction:

c- Number of floors:

d- Origin of formation:

e- Value of housing (recorded in accounting books):

f- Source of construction funds:

i- Housing documents, accompanying (6)

3. Current usage status:

a. Number of households using...households

b- Specifically, number of households in "commission" houses:...households

c- Amount of outstanding rent as of the handover date...households,

total amount:...dong

(List of households and house layout attached)

This record is made in two copies, each party retains one copy.

Party receiving the house Party handing over the house

Head of the unit Head of the unit

(Signature and stamp) (Signature and stamp)

Note:

(1) Each handover record for housing and residential land is prepared for one house, or for one (or several) apartment(s) in a multi-owner or multi-management house.

(2) Name of the party handing over the house (3) Name of the party receiving the house

(4) Record types of documents related to residential land that the party handing over the house has.

(5) Record characteristics of the house: high-rise, low-rise, flat roof, tiled roof, brick-built, prefabricated, frame, etc...

(6) Record types of documents related to housing that the party handing over the house has.

LIST OF HOUSEHOLDS USING HOUSING...

Note: Attached to this list is a house layout, indicating the tenant's name corresponding to each specific apartment.

... day... month... year 199...

Party handing over the house

Head of the unit

(Signature and Seal)