Decision No. 03/2022/QĐ-TTg on standards and quotas for official accommodation

Pursuant to …;

ON STANDARDS AND QUOTAS FOR PUBLIC SERVICE HOUSING

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the Security Guard Law dated June 20, 2017;

Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing;

Pursuant to Decree No. 81/2017/NĐ-CP dated July 17, 2017 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

At the proposal of the Minister of Construction;

The Prime Minister issues this Decision on standards and quotas for public service housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. Scope of Regulation:

This Decision regulates: Standards for land area, usable area, and quotas for interior furnishings of public service housing.

2. Applicability:

a) Ministries, sectors, central agencies, provincial People's Committees, agencies managing public service housing, units managing and operating public service housing;

b) Individuals eligible to lease public service housing as prescribed in Article 32 of the 2014 Housing Law;

c) Organizations and individuals related to the allocation and leasing of public service housing.

Article 2. Principles for Allocating Public Service Housing for Lease

1. Principles for Allocating Public Service Housing

a) Allocation of public service housing must ensure that it is appropriate for the intended occupants and meets the conditions set forth in the legal standards for public service housing;

b) For positions such as General Secretary, President, Prime Minister, Chairman of the National Assembly, public service housing must be allocated to meet work requirements and security needs as prescribed;

c) For public service housing owned by the Communist Party of Vietnam (managed by the Central Party Office), regulations of the law and relevant Party authorities shall apply;

d) In cases where an individual concurrently holds multiple positions with different housing standards, the highest standard applicable to their highest position shall be applied;

đ) In cases where there is insufficient public service housing to allocate according to the standards, the agency managing public service housing shall consider allocating housing from the existing stock of public service housing; the lessee must pay rent (calculated based on the rental price specified in Article 33 of the 2014 Housing Law multiplied by the actual usable area recorded in the Public Service Housing Lease Contract), even if the actual usable area exceeds or falls below the prescribed standard;

e) The term of lease for public service housing shall correspond to the duration of the holder’s tenure in their position, ensuring compliance with the legal standards for leasing public service housing.

2. Principles for Equipping Interior Furnishings in Public Service Housing

a) Funding for constructing public service housing and equipping interior furnishings using state budget funds, including both central and local budgets, shall be provided;

b) Interior furnishings attached to public service housing shall be included in the construction cost, including: air conditioning systems; integrated kitchen cabinets (including cabinets, sink, faucet, stove, exhaust hood); hot water heaters; integrated bathroom fixtures;

c) Portable interior furnishings not attached to public service housing shall have maximum funding levels as prescribed in this Decision, including: living room furniture sets, TV stands; dining room furniture sets, refrigerators; wardrobes, beds, mattresses, office furniture sets; washing machines;

d) Selection of interior furnishings must be suitable for the function, size, and space of each room in public service housing, ensuring economy and efficiency as prescribed; for houses (apartments) purchased with existing interior furnishings, replacement is not allowed, only supplementary furnishings missing or not fully coordinated according to the design as prescribed in points b and c of this clause may be added;

đ) The provision of interior furnishings must be planned, budgeted, implemented, and settled according to current legal regulations to ensure economy and efficiency;

e) When the market prices of portable interior furnishings for public service housing fluctuate (increasing by more than 20%) compared to the maximum funding quotas prescribed in Articles 4 and 5 of this Decision, adjustments to the funding quotas shall be made as follows:

- For investment in interior furnishings for public service housing by central agencies (excluding the Ministry of Defense and the Ministry of Public Security): the Ministry of Construction shall coordinate with the Ministry of Finance to report to the Prime Minister for consideration and decision;

- For investment in interior furnishings for public service housing by the Ministry of Defense and the Ministry of Public Security: the Ministry of Defense and the Ministry of Public Security shall coordinate with the Ministry of Construction and the Ministry of Finance to report to the Prime Minister for consideration and decision;

- For investment in interior furnishings for public service housing by localities, local agencies managing public service housing shall coordinate with the Department of Construction and the Department of Finance to report to the Provincial People's Committee for consideration and decision.

Article 3. Principles for designing public service housing and warranty, maintenance, and management operations

1. Public service housing shall be constructed in tandem with infrastructure projects, ensuring density, land utilization ratio, and other criteria according to urban planning standards and construction regulations, including:

a. Detached houses not exceeding four floors with a garden, fence, and separate entrance, ensuring security and protection systems as prescribed;

b. Adjacent houses not exceeding four floors designed in the style of adjacent houses with gardens or townhouses, built together and sharing common infrastructure;

c. Apartment units designed with enclosed living spaces, including various functional areas such as living rooms, bedrooms, dining rooms, kitchens, bathrooms, balconies, or terraces;

d. Collective housing of Class IV constructed in the style of multiple rooms with enclosed ancillary facilities. Minimum area of 24 m² per room (excluding ancillary facility area).²/house area (excluding the area of ancillary works).

2. Warranty, maintenance, and management operations for public service housing shall be carried out in accordance with laws on construction, housing, and other relevant laws.

Chapter II

SPECIFIC PROVISIONS

Article 4. Standards for public service housing for central agenciescentral agency

1. Members of the Politburo and Secretaries of the Central Committee of the Communist Party of Vietnam shall be allocated detached public service housing, meeting the requirements stipulated in Point a, Clause 1, Article 3 of this Decision:

a. Land area from 450 m² to 500 m²;²up to 500 m²;

b. Fixed furniture and equipment include:

- Living room: 01 set of sofa and 01 TV stand;

- Kitchen: 01 dining table set, 01 refrigerator;

- Bedroom: 01 wardrobe, 01 bed, 01 mattress;

- 01 desk set, 01 washing machine.

c. The maximum budget for fixed furniture and equipment for this detached public service house is 350 million VND.

2. Chairmen of the Central Committee of the Vietnam Fatherland Front, Vice Presidents, Vice Speakers of the National Assembly, Deputy Prime Ministers, and equivalent positions or higher shall be allocated detached public service housing, meeting the requirements stipulated in Point a, Clause 1, Article 3 of this Decision:

a. Land area from 350 m² to 400 m²;²up to 400 m²;

b. Fixed furniture and equipment as stipulated in Point b, Clause 1 of this Article;

c. The maximum budget for fixed furniture and equipment for this detached public service house is 300 million VND.

3. Central Committee members of the Communist Party, Heads of Central Party Departments, Chairpersons of National Assembly Committees, Ministers, Heads of Central Mass Organizations, Heads of Government Agencies under direct supervision, and equivalent positions or higher shall be allocated one of the following types of public service housing:

a. Adjacent houses meeting the requirements stipulated in Point b, Clause 1, Article 3 of this Decision:

- Land area from 200 m² to 250 m²;²up to 250 m²;

- Fixed furniture and equipment as stipulated in Point b, Clause 1 of this Article.

b. Apartment units:

- Usable area from 145 m² to 160 m²;²up to 160 m²;

- Fixed furniture and equipment as stipulated in Point b, Clause 1 of this Article.

c. The maximum budget for fixed furniture and equipment for adjacent houses or apartment units as stipulated in this Clause is 250 million VND.

4. Deputy Heads of Central Party Departments, Deputy Chairmen of the Central Committee of the Vietnam Fatherland Front, Deputy Chairpersons of National Assembly Committees, Deputy Ministers, scientists assigned to head national-level science and technology tasks of special importance as prescribed by the Law on Science and Technology, and equivalent positions or higher shall be allocated apartment units:

a. Usable area from 100 m² to 145 m²;²up to 145 m²;

b. Fixed furniture and equipment as stipulated in Point b, Clause 1 of this Article;

c. The maximum budget for fixed furniture and equipment for apartment units as stipulated in this Clause is 200 million VND.

5. Standards for public service housing for the Ministry of National Defense and the Ministry of Public Security are stipulated in Article 6 of this Decision.

Article 5. Housing standards for local officials

1. The Provincial Party Secretary and equivalent positions shall be allocated to rent one of the following two types of official housing:

a) Detached houses meeting the requirements specified in point b, Clause 1, Article 3 of this Decision:

- Land area from 200 m²²up to 250 m²;

- Interior furnishings as specified in point b, Clause 1, Article 4 of this Decision.

b. Apartment units:

- Usable area from 145 m² to 160 m²;²up to 160 m²;

- Interior furnishings as specified in point b, Clause 1, Article 4 of this Decision.

c) The maximum budget for furnishing movable items for detached houses and public housing apartments as stipulated in this clause is 250 million VND.

2. The Deputy Provincial Party Secretary, Provincial Chairman, Chairmen of centrally governed cities, and equivalent positions shall be allocated to rent one of the following two types of official housing:

a) Detached houses meeting the requirements specified in point b, Clause 1, Article 3 of this Decision:

- Land area from 120 m²²to 150 m²²;

- Interior furnishings as specified in point b, Clause 1, Article 4 of this Decision.

b. Apartment units:

- Usable area from 100 m²²up to 145 m²;

- Interior furnishings as specified in point b, Clause 1, Article 4 of this Decision.

c) The maximum budget for furnishing movable items for detached houses and public housing apartments as stipulated in this clause is 200 million VND.

3. Chairmen of district People's Committees, Directors of Departments, and equivalent positions, senior specialists, scientists assigned to lead national-level science and technology tasks of special importance as prescribed by the Science and Technology Law, or staff members (teachers, doctors, and healthcare workers) holding leadership and management positions equivalent to Department Directors or higher shall be allocated to rent apartment units:

a) Usable area from 80 m²²to 100 m²²;

b) Interior furnishings as specified in point b, Clause 1, Article 4 of this Decision;

c) The maximum budget for furnishing movable items for public housing apartments as stipulated in this clause is 150 million VND.

4. Civil servants, officials (teachers, doctors, and healthcare workers) holding leadership and management positions who are transferred or rotated to work in remote, mountainous, and extremely difficult economic and social conditions areas, border regions, and islands shall be allocated to rent rooms:

a) Usable area from 36 m²²/room to 48 m²²/room (excluding ancillary construction area);

b) Interior furnishings include: 01 set of tables and chairs, 01 refrigerator, 01 wardrobe, 01 washing machine, 01 fan, 01 bed, 01 mattress;

c) The maximum budget for furnishing movable items for rooms as stipulated in this clause is 80 million VND.

5. Civil servants, officials (teachers, doctors, and healthcare workers) holding professional positions suitable for working in remote, mountainous, and extremely difficult economic and social conditions areas, border regions, and islands shall be allocated to rent collective dormitory rooms:

a) Usable area from 24 m²²/room to 36 m²²/room (excluding ancillary construction area); minimum average area per person 12 m²²/person;

b) Interior furnishings include: 01 set of tables and chairs, 01 refrigerator, 01 shared washing machine; each person is provided with 01 wardrobe, 01 fan, 01 bed, 01 mattress individually;

c) The maximum budget for furnishing movable items for collective dormitory rooms as stipulated in this clause is 60 million VND.

Article 6. Housing standards for the Ministry of National Defense and the Ministry of Public Security1. The Ministry of National Defense shall base on this Decision to establish housing standards for active-duty military personnel, defense workers, and civil servants, coordinating with the Ministry of Construction to unify the criteria, conditions, and standards, and quotas for official housing before submitting to the competent authority for review and decision.2. The Ministry of Public Security shall base on this Decision to establish housing standards for officers, non-commissioned officers, and soldiers serving in the People's Public Security Forces, coordinating with the Ministry of Construction to unify the criteria, conditions, and standards, and quotas for official housing before submitting to the competent authority for review and decision.

1. Responsibilities of the Ministry of Construction

a) Guide, inspect, audit, and urge ministries, sectors, and localities nationwide to implement this Decision;

Chapter III

IMPLEMENTATION

Article 7. Implementation Organization

b) Coordinate with the Ministry of National Defense and the Ministry of Public Security, participate in providing opinions on establishing housing standards and quotas for the Ministry of National Defense and the Ministry of Public Security;

c) Approve plans and budgets for purchasing interior furnishings for official housing as prescribed by laws on housing, laws on managing and using state assets, laws on the state budget, and related laws.

2. Responsibilities of the Ministry of National Defense and the Ministry of Public Security

a) Seek the opinion of the Ministry of Construction on establishing housing standards and quotas for the Ministry of National Defense and the Ministry of Public Security before submitting to the competent authority for review and decision;

b) Direct the management and allocation of official housing under their jurisdiction according to this Decision and other relevant laws;

c) Organize inspections and audits on the application of housing standards and quotas in investment construction and management and use of official housing under their jurisdiction, reporting annually to the Ministry of Construction before December 25th.

3. Responsibilities of central agencies (excluding the Ministry of National Defense and the Ministry of Public Security)

Central agencies managing official housing funds shall organize the implementation of this Decision, reporting annually to the Ministry of Construction before December 25th.

4. Responsibilities of Provincial People's Committees and centrally governed city People's Committees

a) For central agency official housing, provincial-level People's Committees shall be responsible for allocating land areas for constructing official housing according to the requirements of the Ministry of Construction, consistent with provincial planning, land use plans at all levels approved by competent authorities;

b) For local official housing, provincial-level People's Committees shall be responsible for allocating land areas for constructing official housing when formulating and approving construction plans as prescribed;

c) Allocate capital from the local budget for investing in and purchasing interior furnishings for official housing as prescribed;

d) Direct the management and development of official housing within their jurisdiction according to this Decision;

đ) Organize inspections and audits on the application of housing standards and quotas in investment construction and management and use of housing within their jurisdiction, reporting annually to the Ministry of Construction before December 25th.

d) Direct the management and development of official housing on the territory in accordance with the provisions of this Decision;

d) Organize inspections and checks on the application of standards and norms for official housing in construction investment and management and use of housing on the territory, reporting regularly before December 25 each year to the Ministry of Construction.

Article 8. Provisions on transition

1. For housing projects for official residence that have been approved before this Decision takes effect, the standards and norms set forth in Decision No. 27/2015/QĐ-TTg shall be applied.

2. In cases where plans and budgets for purchasing interior furnishings for official residences have been submitted to competent authorities but have not yet been approved, or have been approved before this Decision takes effect but have been modified after this Decision takes effect, they shall be implemented in accordance with this Decision.

Article 9. Implementation Provisions

1. This Decision takes effect from April 15, 2022, and replaces Decision No. 27/2015/QĐ-TTg dated July 10, 2015, of the Government Chairman regarding official residence standards.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees, Heads of relevant agencies and organizations, and tenants of official residences are responsible for implementing this Decision.