Circular No. 05/2006/TT-BXD guiding the implementation of certain contents of Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing.

CIRCULAR

Guidance on implementing certain contents of

 Decree No. 90/2006/NĐ-CP dated September 6, 2006

 of the Government detailing and guiding the implementation of the Law on Housing

______________________

Pursuant to Decree No. 36/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 90/2006/NĐ-CP dated September 6, 2006 of the Government detailing and guiding the implementation of the Law on Housing (hereinafter referred to as Decree No. 90/2006/NĐ-CP);

The Ministry of Construction provides guidance on implementing certain specific contents as follows:

Part I

GUIDANCE ON CERTAIN CONTENTS REGARDING

ISSUANCE AND MANAGEMENT OF THE CERTIFICATE OF HOUSE OWNERSHIP RIGHTS

I. ON THE ISSUANCE OF THE CERTIFICATE OF HOUSE OWNERSHIP RIGHTS

1. In cases where the owner of a house is simultaneously the user of residential land and in cases where the owner of a condominium unit in a residential building is entitled to be issued a Certificate of Ownership Rights over the House and Residential Land according to the model prescribed in Clause 1, Article 44 of Decree No. 90/2006/NĐ-CP.

The owner of a house who is simultaneously the user of residential land refers to organizations and individuals who legally establish houses on residential land that has been granted, leased, or recognized by the State under the provisions of the law on land.

In cases where the owner of a house already holds a Certificate of Right to Use Residential Land, if the owner of the house requests issuance of an additional Certificate of Ownership Rights over the House, they will be issued a Certificate of Ownership Rights over the House according to the model prescribed in Clause 2, Article 44 of Decree No. 90/2006/NĐ-CP without having to return the Certificate of Right to Use Residential Land.

In cases where the owner of a house already holds a Certificate of Right to Use Residential Land, if the owner of the house requests issuance of a single certificate including both Ownership Rights over the House and Right to Use Residential Land, they will be issued a Certificate of Ownership Rights over the House and Right to Use Residential Land according to the model prescribed in Clause 1, Article 44 of Decree No. 90/2006/NĐ-CP and must return the Certificate of Right to Use Residential Land.

2. In cases where the owner of a house is not simultaneously the user of residential land, they will be issued a Certificate of Ownership Rights over the House according to the model prescribed in Clause 2, Article 44 of Decree No. 90/2006/NĐ-CP.

The owner of a house who is not simultaneously the user of residential land refers to cases where the owner has a house on residential land rented or borrowed from other users of the land.

3. Issuance of Certificates of Ownership Rights over individual houses:

3.1. For an individual house owned by one owner, a Certificate of Ownership Rights over the House will be issued to that owner;

3.2. For an individual house jointly owned in shares, a Certificate of Ownership Rights over the House will be issued to each owner for the portion of the area owned individually by that person;

3.3. For an individual house jointly owned by a married couple, a single Certificate of Ownership Rights over the House will be issued with the names of both the husband and wife recorded. If either spouse does not qualify for ownership of a house in Vietnam according to the law, only the name of the spouse who qualifies for ownership of a house in Vietnam will be recorded;

3.4. For an indivisible joint ownership of an individual house but not jointly owned by a married couple, a single Certificate of Ownership Rights over the House will be issued, recording the name of the person agreed upon by the owners to be named on the certificate. If there is no agreement, the names of all owners will be recorded. If the joint owners request, the competent authority may issue each person a certificate with identical content, fully recording the names of all owners, noting the serial number of each owner's certificate and the total number of certificates issued to the joint owners as guided in Clause 7, Section IV of this part.

In cases where a joint owner dies before submitting the application for issuance of a certificate, the inheritance must be resolved according to the civil law before submitting the application for issuance of a certificate; if a joint owner dies after submitting the application for issuance of a certificate, their name will still be recorded on the Certificate of Ownership Rights over the House.

3.5. For an individual house located on a plot of land larger than the residential land limit and used for multiple purposes, if it is not possible to separately allocate the residential land area accompanying the house, a separate Certificate of Ownership Rights over the House will be issued according to the model prescribed in Clause 2, Article 44 of Decree No. 90/2006/NĐ-CP and a Certificate of Right to Use Land will be issued according to the provisions of the law on land.

4. Issuance of Certificates of Ownership Rights over residential buildings:

4.1. In cases where a residential building belongs to one owner, a Certificate of Ownership Rights over the House will be issued to that owner. For residential buildings constructed for sale, the developer will not be issued a Certificate of Ownership Rights over the House but instead, a Certificate of Ownership Rights over the Condominium Unit will be issued to the owner according to the provisions at Point 4.2 of Clause 4 of this section;

4.2. In cases where a residential building is jointly owned in shares, a Certificate of Ownership Rights over the House will be issued to each owner according to the provisions at Point 3.2 of Clause 3 of this section;

4.3. In cases where a residential building is jointly owned as a whole, Certificates of Ownership Rights over the House will be issued to the owners according to the guidance at Point 3.4 of Clause 3 of this section;

4.4. Recording the names of the owners in the certificate shall be carried out according to the provisions of Clause 3 of this section.

5. Issuance of Certificates of Ownership Rights over houses with mixed uses (used for living and other purposes):

5.1. The issuance of Certificates of Ownership Rights over houses with mixed uses must be based on the planning, design, and approved purpose by the competent state authorities;

5.2. For a house with mixed uses owned by one owner, if the main area is used for living, a Certificate of Ownership Rights over the House will be issued, clearly stating the area used for other purposes; if the main area is used for other purposes, a Certificate of Ownership Rights over the Building will be issued according to Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government, clearly stating the area used for living.

5.3. For houses with mixed usage purposes that are jointly owned and cannot be divided for individual usage purposes, certificates of ownership of construction works shall be issued in accordance with Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government. In cases where division according to individual usage purposes is possible, certificates of ownership of houses or certificates of ownership of construction works shall be issued based on the specific usage purpose.

5.4. The registration of owners' names in the certificate shall be carried out in accordance with Clause 3 of this Section.

6. When issuing new certificates of house ownership, the competent authority issuing the certificate must issue a decision to issue the certificate of house ownership.

II. PROCEDURES AND REQUIREMENTS FOR ISSUING CERTIFICATES OF HOUSE OWNERSHIP

Procedures and requirements for issuing new, replacing, reissuing, and confirming changes to certificates of house ownership shall be implemented in accordance with Articles 46, 47, and Article 48 of Decree No. 90/2006/NĐ-CP, specifically:

1. Forms in the application dossier for issuing new, replacing, reissuing, and confirming changes to certificates of house ownership shall be implemented in accordance with the guidelines set forth in the appendices attached to this Circular, specifically:

1.1. The form for requesting issuance of a new certificate shall be implemented in accordance with Appendix No. 1 attached to this Circular;

1.2. The form for requesting replacement or reissuance of a certificate shall be implemented in accordance with Appendix No. 2 attached to this Circular;

1.3. The form for requesting confirmation of changes to a certificate shall be implemented in accordance with Appendix No. 3 attached to this Circular.

2. The floor plan of the house is the basis for the competent authority issuing the certificate to reflect the drawing in the certificate of house ownership. The process of drawing up the floor plan of the house and land is carried out as follows:

2.1. In cases where a new or replacement certificate of house ownership is requested and the homeowner already has a floor plan of the house and land without any changes between the drawing and reality, there is no need to redraw it;

2.2. In cases where a new or replacement certificate of house ownership is requested and the homeowner does not have a drawing or has a drawing but the actual house and land have changed compared to the existing drawing, redrawing must be done in accordance with the guidelines at Point 8, Section IV, Part of this Circular.

Homeowners may draw up their own plans or hire organizations with legal status in construction and surveying activities to draw up the plans, or the certificate issuing authority can draw up the plans. If homeowners draw up their own plans, the drawings must be signed by the homeowner and confirmed by the Department of Construction if the house belongs to an organization; confirmed by the housing management agency at the district level if the house belongs to an individual in urban areas; confirmed by the People's Committee of the commune if the house belongs to an individual in rural areas. Drawings that have been confirmed by the competent authorities mentioned above are the basis for the competent authority issuing the certificate of house ownership (no further review is required).

2.3. For houses with part of the construction on another owner's land or standalone houses sharing walls or columns with other houses, the floor plan must be confirmed by those owners. If the land users and house owners who share walls or columns do not confirm, the People's Committee of the ward, commune, town (hereinafter referred to collectively as the commune level) where the house is located shall be responsible for checking and confirming the drawing as the basis for the competent authority issuing the certificate of house ownership for the person requesting the certificate.

3. The procedure for issuing certificates of house ownership is as follows:

3.1. Organizations requesting issuance of new, replacement, reissuance, and confirmation of changes to certificates of house ownership submit the dossier to the Department of Construction;

3.2. Individuals with houses in urban areas requesting issuance of a new certificate submit the dossier to the housing management agency under the People's Committee of the district, county, town, or provincial city (hereinafter referred to collectively as the People's Committee of the district level) where the house is located; individuals with houses in rural areas requesting issuance of a new certificate may submit the dossier to the People's Committee of the commune or the housing management agency at the district level where the house is located;

3.3. Individuals requesting replacement, reissuance (including cases of issuance due to exhaustion of pages for change confirmation, issuance due to transfer of house ownership), and confirmation of changes after having received the certificate of house ownership submit the dossier to the housing management agency at the district level;

3.4. Upon receiving the dossier, the agency receiving the dossier must write a receipt for the dossier and hand over one copy to the person submitting the dossier. The format of the receipt is implemented in accordance with Appendix No. 4 attached to this Circular;

3.5. In cases where houses are newly built by real estate businesses in housing development projects, the buyer must declare in the request form for issuance of the certificate in accordance with the model at Appendix No. 1 attached to this Circular and pay the stamp duty for the real estate business (the seller) to handle the procedures to request the competent authority to issue the certificate of house ownership. The real estate business selling the house is responsible for handling the procedures for the competent state authority to issue the certificate of house ownership for the buyer and deliver relevant documents related to the house to the buyer in accordance with Decree No. 90/2006/NĐ-CP.

4. The agency receiving the dossier shall not require the person submitting the dossier to provide any additional documents other than those specified in the dossier as prescribed in Decree No. 90/2006/NĐ-CP.

III. PUBLICIZATION OF ADMINISTRATIVE PROCEDURES IN THE ISSUANCE OF CERTIFICATES OF HOUSE OWNERSHIP

1. Contents that must be publicized include:

1.1. List of documents in the dossier for requesting issuance of new, replacement, reissuance, and confirmation of changes to certificates of house ownership prescribed in Articles 46, 47, and Article 48 of Decree No. 90/2006/NĐ-CP;

1.2. Specific processing time limits for each case: issuance of new, replacement, reissuance, and confirmation of changes to certificates of house ownership prescribed in Articles 46, 47, and Article 48 of Decree No. 90/2006/NĐ-CP;

1.3. Fees and other financial obligations that the person requesting issuance of the certificate of house ownership must pay in accordance with the law for each specific case; time and place for payment of these fees.

2. The agency receiving and processing applications for issuance of real estate ownership certificates must publicly display the contents specified in Clause 1 of this Section at:

2.1. The People's Committee office at the commune level;

2.2. The location where applications are received;

2.3. On the Internet (for locations that have established Internet access).

3. The agency receiving applications must arrange a workspace with signs indicating the application reception location, the time for receiving applications, and the time for delivering results.

4. In the application reception room, there must be seating for visitors, and a public notice board displaying the contents specified in Clause 1 of this Section must be hung.

5. The agency receiving applications must assign staff members with good moral character who understand the requirements of the application content and have the ability to guide applicants in completing the application according to regulations.

6. Leaders of People's Committees at all levels, leaders of agencies receiving and processing applications must publicly disclose a hotline number for the public to know and contact when necessary; they must promptly address any concerns or reports regarding negative behaviors, harassment, or causing inconvenience to the public by subordinate officials related to the issuance of real estate ownership certificates.

IV. CONTENTS TO BE REFLECTED IN THE REAL ESTATE OWNERSHIP CERTIFICATE AND THE RIGHT TO USE RESIDENTIAL LAND

1. The top part of page 2 shall be reflected as follows:

1.1. Below the "People's Committee" section, it shall be recorded as follows:

1.1.1. In cases where the provincial People's Committee or the Department of Construction issues the certificate on behalf of the provincial People's Committee, the name of the province or centrally-administered city shall be recorded, for example: HOA BINH PROVINCE or HA NOI CITY;

1.1.2. In cases where the district-level People's Committee issues the certificate, the name of the district, town, township, or city within the province and the name of the province or centrally-administered city shall be recorded, for example: MAI CHAU DISTRICT-HOA BINH PROVINCE or DONG DA DISTRICT-HA NOI CITY.

1.2. Fifteen (15) certificate code boxes shall be filled from left to right as follows:

1.2.1. The first two (2) boxes shall record the code of the province or centrally-administered city; the next three (3) boxes shall record the code of the district, town, township, or city within the province; the following five (5) boxes shall record the code of the commune, ward, or town; the next three (3) boxes shall record the serial number of the Ownership Registration Book; the last two (2) boxes shall record the page number in the Ownership Registration Book;

1.2.2. The codes of administrative units at the provincial, district, and commune levels shall be uniformly recorded according to the Decision No. 124/2004/QD-TTg dated July 8, 2004 of the Prime Minister on the issuance of the List and Codes of Administrative Units in Vietnam.

2. Page 2, Section I "Owner of the House and Land Use" shall record the name of the organization or individual named in the certificate according to Clause 3 and 4 of Section I of this Circular and shall be reflected as follows:

2.1. In cases of domestic individuals, their full name and date of birth, place of issuance of identity card shall be recorded. If they are overseas Vietnamese, their full name and date of birth, place of issuance of passport shall be recorded;

2.2. In cases of organizations, their name as recorded in the business registration certificate or establishment decision or investment certificate shall be recorded;

2.3. In cases of jointly owned houses, the names of individuals and organizations shall be recorded according to Point 3.4 of Clause 3 of Section I of this Part.

3. Page 2, Section "1/ House" shall be reflected as follows:

3.1. Regarding the address:

3.1.1. If it is a single-family house in an urban area, the house number, alley, lane (if any), street (or road), ward (township), district (county, town, city within the province) shall be recorded. For rural houses, the specific address such as village, hamlet, commune, district shall be recorded;

3.1.2. If it is an apartment in a residential building, the apartment number, floor number with the apartment, the name of the residential building, and other information as specified in Subpoint 3.1.1 above shall be recorded.

3.2. Regarding the floor area (house, apartment): The area is measured in square meters and rounded to two decimal places (e.g., 124.43 sqm or 32.00 sqm), recorded as follows:

3.2.1. For a single-story house, the total construction floor area of the house shall be recorded; if there is a shared wall or column, only half of the shared wall or column area shall be counted;

3.2.2. For multi-story houses, the total construction floor area of all floors shall be recorded; if there is a shared wall or column across floors, only half of the shared wall or column area shall be counted;

3.2.3. For apartments in residential buildings, the floor area of the apartment (excluding the shared wall or column area) shall be recorded, and the common usage area of the residential building shall not be included in the ownership certificate of the apartment.

3.3. Regarding the structure of the house: Only main structures shall be recorded, including walls, columns, floors, roof, e.g., brick-concrete walls, columns, floors; tile roof.

3.4. Regarding the classification (grade) of the house: It shall be recorded according to Circular No. 05-BXD/DT dated February 9, 1993 of the Ministry of Construction guiding the method for determining usable area and classifying houses.

3.5. Regarding the number of floors (floors):

3.5.1. If it is a single-family house, the number of floors of the main house (excluding attic floors counted as one floor) shall be recorded, e.g., a three-story house;

3.5.2. If it is an apartment in a residential building, the floor number of the apartment and the total number of floors of the residential building shall be recorded in fraction form, e.g., an apartment on the fifth floor of a fifteen-story residential building shall be recorded as 5/15.

3.6. Year of construction: The year of completion of construction shall be recorded; if unclear, a dash (-) shall be marked.

3.7. Floor area of ancillary house: The total floor area of attic and ancillary house built outside the main house (separate from the main house) such as garage, kitchen, bathroom (if any) shall be recorded. Calculation and recording of ancillary house floor area shall follow the same procedure as for the main house. If none, a dash (-) shall be marked.

3.8. Regarding the duration of ownership:

3.8.1. In cases where the owner has a house on land with a stable long-term right to use according to the laws on land, "long-term" shall be recorded;

3.8.2. In cases where the owner has a house on leased land, the end date of the lease period according to the land lease contract shall be recorded, e.g., until December 31, 2030.

4. Page 2, Section "2/ Residential Land" shall be reflected as follows:

4.1. Regarding the parcel number: The sequential number of the land parcel according to the laws on land shall be recorded;

4.2. Regarding the map sheet number: The number of the map sheet containing the land parcel according to the laws on land shall be recorded;

4.3. Regarding the land area:

4.3.1. For houses with separate land plots, the area of the land plot shall be recorded;     

4.3.2. For houses where the boundaries of the land plot cannot be determined separately, record the construction area of that house and the construction areas of other facilities serving exclusively for that house;

4.3.3. The area of residential land used exclusively shall be recorded in the exclusive use section; the area of residential land used jointly shall be recorded in the joint use section;

4.3.4. The recording of the area of residential land shall be made according to the regulations on recording the area of housing as stipulated in Point 3.2, Section I of this Part.

4.4. Regarding allocated or leased land: If the land is allocated, record "allocated"; if it is leased, record "leased"; if the right to use the land is recognized, record "recognized"; if it is acquired through transfer, record "transferred".

4.5. Regarding the lease agreement, record the number, date, and year of the lease agreement.

4.6. Regarding the lease period, record the date from which the land lease begins and the date when the lease term ends according to the lease agreement.

5. On page 2 under "date and year," record the date and year when the person with authority signs the certificate.

6. On page 2 under "TM. People's Committee," record the name of the issuing agency, position, signature, seal, and full name of the signatory, for example:

- In the case where the Deputy Chairman of the Provincial People's Committee or the Deputy Chairman of the District People's Committee signs the certificate instead of the Chairman, record as follows:

- In the case where the Department of Construction is authorized by the Provincial People's Committee to issue the certificate, record:

7. On page 2 under "Original file number," record the number and code of the Decision granting the certificate if it is a new issuance (for example: No. 123/2006/QĐ-UB.GCN); if it is a reissue or replacement (including cases of reissue due to exhaustion of the confirmation change page, reissue due to transfer of ownership rights), then record the original file number of the old certificate; if it is a reissued or replaced certificate, the next line records the reissue or replacement number (for example: Reissued third time; Replaced second time, Transferred fifth time); In the case of a house owned collectively and each owner receives a separate certificate as stipulated in Point 3.4, Clause 3, Section I, Part 1 of this Circular, the following line records collective ownership and the serial number of the certificate of each owner out of the total number of certificates issued to the collective owners (For example: there are five collective owners and the certificate issued to the second owner would be recorded as: Collective ownership 2/5).

8. On page 3 under "III. Sketch of Housing and Land," present the sketch drawing of the housing and land.

The sketch drawing of the housing and land must show the location, shape, dimensions, area of the land plot, adjacent sides of the land plot; the location of the house within the land plot, shape, dimensions, and construction area of the housing; indicate the North-South direction, specifically as follows:

8.1. For individual houses: In the case of a single-story house, the sketch drawing must show the location, shape, dimensions of the edges, and area of the land plot, adjacent sides of the land plot; show the location of the house within the land plot, floor plan shape, record the dimensions of the edges, first-floor area on the land plot, including indicating the main entrance door of the house with an arrow symbol. In the case of multi-story houses but all floors are identical, draw the sketch as a single-story house and record the first-floor area multiplied by the number of floors, while noting the number of floors of the house. In the case of multi-story houses where some floors are identical and others are different, draw the first-floor plan and plans of other floors, and note the data about each floor as specified herein (for example, see Appendix No. 5 and Appendix No. 6 issued together with this Circular).

8.2. For apartments in apartment buildings: Draw the floor plan of the floor containing the apartment and the floor plan of the apartment, including drawing arrows indicating the entrance to the staircase and the main entrance door of the apartment, and clearly record the apartment number, dimensions of the edges, and floor area of the apartment (for example, see Appendix No. 7 issued together with this Circular). In the case where the floor plan of the floor containing the apartment is too large and the information about the apartment is unclear, draw two sketches: Sketch 1 showing the floor plan of the floor containing the apartment, the location, shape of the apartment floor plan, and arrows indicating the entrance to the staircase; Sketch 2 showing the shape of the apartment floor plan, the main entrance door of the apartment, the apartment number, dimensions of the edges, and floor area of the apartment.

8.3. The sketch drawing of housing and land does not require a fixed scale. Based on the actual number of floors of the house, arrange the sketch in the certificate appropriately according to the principle:

8.3.1. In the case of a single-story house or multi-story houses where all floors have the same location, shape, and dimensions, draw one sketch in the center of the paper.

8.3.2. In the case of multi-story houses where each floor has different locations, shapes, and dimensions, divide the paper into two parts depending on the number of sketches to be drawn, with the left part from bottom up: draw the sketch of the land plot and the first-floor plan, followed by the second floor, third floor, etc., and the right part from bottom up: draw the sketches of the remaining floor plans.

8.4. The orientation of the sketch drawing of housing and land is taken from the bottom edge of the page as the reference point for drawing streets, alleys, and paths leading to the main entrance of the house (the front facade of the house).

9. On page 4 under "IV. Changes after Issuance of Certificate," record as follows:

Record changes in the area, height, main structure of the house or changes in the area of residential land due to division or consolidation of land plots, and financial obligations (if any) after the issuance of the certificate, specifically:

9.1. Column (1) records the date, month, and year when the Department of Construction or the District People's Committee confirms the changes.

9.2. Column (2) records specific changes in the area, height, main structure of the house or changes in the area of residential land due to division or consolidation of land plots, and financial obligations (if any).

9.3. Column (3): The person with authority signs, clearly records their full name, and stamps the confirmation change agency (stamps may overlap).

The confirmation of changes as stipulated in this clause must also be reflected in the copy of the certificate retained by the issuing agency.

V. REPRESENTATION OF CONTENTS IN THE HOUSING OWNERSHIP CERTIFICATE

The contents recorded in the Certificate of House Ownership shall be recorded as in the Certificate of House Ownership and Land Use Rights according to the guidance in Section IV of this Circular, except for the following contents:

1. Page 2, Section I. Owner of the house: Record only the owner of the house, not the user of the land.

2. Page 2, part "1/ House" under the section "Term of Ownership": Record the date when the term of ownership of the house ends as agreed with the lessor or lender of the land. In case there is no agreement on the term of ownership between both parties, record the date when the term of leasing or lending the land ends as stipulated in the contract signed by both parties.

3. Page 2, part "2/ Residential land":

3.1. Regarding the certificate of land use rights: Record the number, date, and year of issuance of the certificate of land use rights issued by the land user who leases or lends the land.

3.2. Regarding the plot number: Record the plot number according to the provisions of the Law on Land. If the plot number cannot be determined, mark it as (-).

3.3. Regarding the area: Record the area of residential land leased or lent. For the purpose of individual use, record the area of residential land used individually. For the purpose of common use, record the area of residential land used jointly with others.

3.4. Regarding the land granted or leased: If the land is leased, record "leased"; if the land is lent, record "lent".

3.5. Regarding the lease contract: Record the number (if any), date, and year of the lease or lend contract.

3.6. Regarding the lease period: Record the start date and end date of the lease or lend period according to the lease or lend contract signed by both parties.

In case the owner of the house is also the land user but already has a certificate of land use rights and requests an additional Certificate of House Ownership as prescribed in Clause 1, Section I, Part 1 of this Circular, then in the part "2/ Residential land", record the number, date, and year of issuance of the certificate of land use rights, and mark (-) for other items.

4. Page 3 regarding the floor plan of the house: The floor plan of the house shall be presented as prescribed in Point 8, Section IV of this Circular. Specifically, the floor plan of the residential land shall only depict the area of land granted, leased, or lent; the drawing method shall be as prescribed in Point 8, Section IV of this Circular.

5. Page 4 regarding changes after issuing the certificate: Only reflect changes concerning the house and financial obligations, if any, and not changes concerning the land.

VI. MANAGEMENT OF THE CERTIFICATE OF HOUSE OWNERSHIP

1. The Ministry of Construction shall uniformly issue two types of certificate templates as prescribed in Decree No. 90/2006/NĐ-CP for uniform use throughout the country.

2. The Construction Publishing House under the Ministry of Construction shall be responsible for printing and distributing certificates and guiding localities on procedures for receiving and transferring certificates promptly and timely based on the needs of each locality. Monthly, quarterly, semi-annually, and annually, or upon urgent request, the Construction Publishing House must compile the quantity of certificates distributed to each locality and report to the Department of Housing Management for consolidation and reporting to the Minister of Construction.

3. The Construction Departments and People's Committees of districts, counties, towns, and cities directly under provinces must establish a Register of Issuance and Distribution of Certificates according to the principle that the number of certificates issued, the number of damaged certificates (if any), and the number of undistributed certificates must equal the total number of certificates received from the Construction Publishing House under the Ministry of Construction.

4. Every six months and annually, the People's Committee at the district level must compile and send to the Construction Department for consolidation and reporting to the Ministry of Construction on the number of certificates received, the number of certificates issued, and the number of damaged certificates (if any) within their jurisdiction.

VII. ESTABLISHING AND MANAGING THE REGISTER OF HOUSE OWNERSHIP

1. Each Register of House Ownership shall be bound into volumes containing 99 pages. Each page has two sides used to record information for one house that has been issued a Certificate of House Ownership. The model of the Register of House Ownership shall be implemented according to the guidance in Appendix No. 8 of this Circular and shall be uniformly applied nationwide.

For localities that have established registers to track the issuance of Certificates of House Ownership and Land Use Rights according to Decree No. 60/CP dated July 5, 1994 of the Government or Registers of House Ownership according to Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government, which can reflect the contents of the Register of House Ownership model as guided in this Circular, there is no need to establish new Registers of House Ownership.

2. Based on the demand for houses requiring certification, the Construction Departments and District People's Committees shall establish Registers of House Ownership. The Construction Department shall guide the District People's Committees to unify the numbering of Registers of House Ownership in each ward, commune, and town to avoid duplication between Registers for individuals and organizations in the same ward, commune, or town.

3. Authorities responsible for establishing and managing the Register of House Ownership:

3.1. The Construction Department shall establish and manage the Register of House Ownership to monitor the issuance of certificates to organizations and houses owned collectively by organizations and individuals.

3.2. The housing management authority at the district level shall establish and manage the Register of House Ownership to monitor the issuance of certificates to individuals.

VIII. REPORTING ON THE RESULTS OF ISSUING THE CERTIFICATE OF HOUSE OWNERSHIP

Reporting on the results of issuing certificates shall be carried out as follows:

1. Quarterly, the People's Committee at the district level must submit a report to the Construction Department on the situation of issuing certificates to individuals within its jurisdiction according to the template provided in Appendix No. 9 attached to this Circular.

2. Quarterly, the Construction Department must submit a report to the Provincial People's Committee on the situation of issuing certificates within its jurisdiction according to the template provided in Appendix No. 10 attached to this Circular.

3. By the latest on July 15th each year and January 15th of the following year, the Provincial People's Committee or the Construction Department must submit a report on the implementation results for the first half of the year and a report on the full-year implementation results regarding the issuance of certificates within the province to the Ministry of Construction for consolidation and reporting to the Prime Minister according to the template provided in Appendix No. 11 attached to this Circular.

4. In addition to the regular reports prescribed in Clauses 1, 2, and 3 of this Section, the Construction Department and People's Committees at all levels must submit reports to higher authorities when requested.

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GUIDELINES ON CERTAIN ASPECTS OF MANAGEMENT, ARRANGEMENT AND USE OF SOCIAL HOUSING AND PUBLIC HOUSING

I. REVIEW OF ELIGIBILITY FOR LEASING AND PURCHASE OF SOCIAL HOUSING

1. Individuals eligible for leasing or purchasing social housing must submit a truthful and complete declaration form according to the model provided in Appendix 12 attached to this Circular, including confirmation from their workplace regarding their status, income level, housing conditions, and send it to the Department of Construction.

In the case of a family household, the application must be accompanied by certificates from each member's workplace confirming their place of work, monthly income, and a certificate from the People's Committee of the commune where the household resides confirming their place of residence and current housing situation.

2. Based on the application for leasing or purchasing, the Department of Construction will verify and compare with the standards and conditions for leasing or purchasing social housing stipulated in Decree No. 90/2006/NĐ-CP and the actual social housing fund of the locality to propose a solution to the Provincial People's Committee.

If the request cannot be resolved, the Department of Construction must notify the applicant and their workplace in writing of the reasons for not resolving the request.

3. The Provincial People's Committee shall specify the criteria for reviewing eligibility for leasing or purchasing social housing through a scoring system.

On a scale of up to 100 points, priority will be given to cases without housing; both spouses being civil servants receiving salaries from the state budget; recent university graduates; skilled workers at level 5 or higher; civil servants eligible for public housing but have returned public housing to the state, and other cases requiring priority based on the actual needs of the locality. The subject with a higher total score will be prioritized for resolution.

4. The criteria for reviewing eligibility for leasing or purchasing social housing must be publicly announced through local mass media and at the Department of Construction.

II. DETERMINATION OF THE AVERAGE INCOME OF A FAMILY HOUSEHOLD AS THE BASIS FOR REVIEWING ELIGIBILITY FOR LEASING OR PURCHASING SOCIAL HOUSING

The determination of the average monthly income of a family household as the basis for reviewing eligibility for leasing or purchasing social housing as stipulated in Clause 3, Article 25 of Decree No. 90/2006/NĐ-CP shall be implemented as follows:

1. The average monthly income of a family household is the total monthly income of all members with regular income in that household;

2. The income of a family household is calculated based on the salary, wages, allowances, and other regular incomes of the members of that household (if applicable);

3. The Provincial People's Committee shall base its calculation of the average monthly income of a family household for the purpose of reviewing eligibility for leasing or purchasing social housing within the jurisdictional area on the provisions of Clause 3, Article 25 of Decree No. 90/2006/NĐ-CP and Clauses 1 and 2 of this section, for example:

- Assuming the rental price for social housing for apartment buildings in District A as prescribed by the People's Committee of Province A (based on the price range specified in Decree No. 90/2006/NĐ-CP) is 17,000 VND/m2/month. The household of Mr. B, who meets the conditions for leasing or purchasing social housing, must have an average monthly income of:

+ Maximum income: 5 times x 17,000 VND/m2/month x 60 m2 = 5,100,000 VND/household/month (five million one hundred thousand VND/household/month);

+ Minimum income: 4 times x 17,000 VND/m2/month x 30 m2 = 2,040,000 VND/household/month (two million forty thousand VND/household/month).

Therefore, if the household of Mr. B has an average monthly income ranging from 2,040,000 VND/household/month to 5,100,000 VND/household/month, they meet the conditions for leasing or purchasing social housing in District A.

- Assuming the rental price for social housing for apartment buildings in District B as prescribed by the People's Committee of Province B (based on the price range specified in Decree No. 90/2006/NĐ-CP) is 20,000 VND/m2/month. The household of Mrs. C, who meets the conditions for leasing or purchasing social housing, must have an average monthly income of:

+ Maximum income: 5 times x 20,000 VND/m2/month x 60 m2 = 6,000,000 VND/household/month (six million VND/household/month);

+ Minimum income: 4 times x 20,000 VND/m2/month x 30 m2 = 2,400,000 VND/household/month (two million four hundred thousand VND/household/month).

Therefore, if the household of Mrs. C has an average monthly income ranging from 2,400,000 VND/household/month to 6,000,000 VND/household/month, they meet the conditions for leasing or purchasing social housing in District B.

4. For cases where the average monthly income of a family household is lower than the minimum level stipulated in Clause 3, Article 25 of Decree No. 90/2006/NĐ-CP, the Provincial People's Committee shall decide on the handling of social housing leasing or implementing support measures to improve housing conditions according to one of the forms prescribed in Article 64 of the Housing Law, depending on the specific conditions of the locality and the specific circumstances of each individual.

5. The determination of income and specific circumstances to resolve the issue of leasing social housing for workers in economic zones, industrial parks, export processing zones, and high-tech parks shall be regulated by the Provincial People's Committee to ensure suitability with the actual situation of each locality.

III. DETERMINATION OF RENTAL PRICES FOR LEASING AND PURCHASING SOCIAL HOUSING AND RENTAL PRICES FOR PUBLIC HOUSING

The determination of rental prices for leasing and purchasing social housing as stipulated in Clause 3, Article 27 and rental prices for public housing as stipulated in Clause 3, Article 36 of Decree No. 90/2006/NĐ-CP shall be carried out as follows:

1. The rental price for social housing and public housing is determined according to the following formula:

Gt = Vđ x Kt + Bt + Ql

Where:

- Gt: is the rental price per square meter of floor area of the apartment per month (VND/m2/month);

- Vđ: is the monthly allocation of construction investment costs per square meter of floor area of the apartment based on the principle of capital preservation according to the following formula:

+ Tđ: is the total construction investment cost of the social housing or public housing project at the time of handover for use;

+ S: is the total floor area of the project;

+ r: is the rate of return on investment capital preservation (annual) depending on specific conditions of the project as prescribed by the Provincial People's Committee (for projects invested with state budget funds) or the person authorized to make investment decisions (for projects invested with non-state budget funds);

+ n: is the number of years for capital recovery depending on specific conditions of each project as prescribed by the Provincial People's Committee (for projects invested with state budget funds) or the person authorized to make investment decisions (for projects invested with non-state budget funds);

- Kt: is the height coefficient of apartment units allocated according to regulations of the Provincial People's Committee based on the principle of capital preservation, for example: for a five-story apartment building, it may be allocated as follows: K1 = 1.2; K2 = 1.1; K3 = 1.0; K4 = 0.9; K5 = 0.8. For a single-story house or a through-floor house owned by a single owner, the coefficient K is calculated as 1.

- Bt: is the monthly maintenance cost allocated per square meter of apartment floor area;

- Ql: is the monthly management and operation cost allocated per square meter of apartment floor area;

2. The price for purchasing rental social housing is determined according to the following formula:

Gtm = {0.8 (  x ) x Kt + Bt + Ql }

Where:

- Gtm: is the price for purchasing rental 1 square meter of apartment floor area per month (VND/m2/month);

- n: is the rental purchase period (from 15 to 20 years) depending on the specific conditions of each project as decided by the Provincial People's Committee;

- Tđ, S, r, Kt, Bt, Ql are determined similarly to the cases specified in Clause 1 of this Section;

IV. GUIDANCE ON SOME CONTENTS REGARDING PUBLIC HOUSING

1. Persons eligible to rent public housing must fully declare all contents in the application form for renting public housing according to the model prescribed in Appendix 13 issued together with this Circular, along with a certified copy of the Decision on Appointment or Transfer of Work and send it to the agency where they are currently working.

2. The agency where the applicant is currently working is responsible for checking and confirming the application regarding the following contents: place of residence, current living conditions, eligibility status (whether eligible or not eligible to rent public housing). If eligible, the application will be sent to the Provincial People's Committee for resolution in accordance with the provisions of Decree No. 90/2006/NĐ-CP.

3. The method for determining the rental price for public housing is applied as the method for determining the rental price for social housing as stipulated in Section III of this Part. The rental price for public housing is set by the Provincial People's Committee or the person authorized to make investment decisions for special-purpose public housing projects and serves as the basis for determining the rental payment as stipulated in Article 38 of Decree No. 90/2006/NĐ-CP.

4. General requirements for designing public housing:

4.1. Public housing must be constructed in accordance with the planning approved by the competent authority, convenient for technical infrastructure and social infrastructure systems to ensure living conditions for those residing in public housing;

4.2. Public housing should be designed according to standard areas suitable for different types of users, consistent with economic and social conditions and land conditions of each locality;

4.3. Public housing must ensure quality and safety for users and comply with fire prevention standards and current construction standards;

4.4. Architectural design of public housing must harmonize with the landscape and be appropriate to the natural conditions of the surrounding area. Suitable materials should be used to ensure quality, progress, and reduce construction costs;

4.5. Public housing is designed in three types: villa-type housing, apartment buildings, and single-story multi-unit housing. In special-class cities, villa-type housing or apartment buildings can be constructed; in Class I, II, and III cities, only apartment buildings can be constructed; in Class V cities and rural areas, apartment buildings or single-story multi-unit housing can be constructed.

5. Principles for designing various types of public housing

5.1. For villa-type housing:

5.1.1. Villa-type public housing is designed as standalone villas or twin villas. The minimum land area for constructing a standalone villa is 250m2/unit; the minimum land area for a twin villa is 140m2/unit (a twin villa consists of two units with a minimum land area of 280m2);

5.1.2. The maximum construction density does not exceed 30% for standalone villas and 50% for twin villas, with a maximum height of three floors. The total floor area does not exceed 250m2;

5.1.3. The functional room structure of the villa includes: 3-4 bedrooms, 1 study room, 1 living room, 1 kitchen and dining area, bathrooms, storage areas, parking spaces, in compliance with current residential design standards;

5.1.4. For villas intended for the groups specified in Clause 1 of Article 34 of Decree No. 90/2006/NĐ-CP, the design and construction shall be carried out according to a separate decision of the Prime Minister.

5.2. For apartment buildings:

5.2.1. Public housing in the form of apartment buildings is designed as closed apartments with a minimum floor area of 45m2 and a maximum of 150m2. Apartment buildings seven stories or higher must have elevators. The apartment structure in apartment buildings is as follows:

- Type with three bedrooms: including 3 bedrooms, 1 living room, 1 kitchen and dining area, 1-2 bathrooms. The maximum floor area is 150m2;

- Type with two bedrooms: including 2 bedrooms, 1 living room, 1 kitchen and dining area, 1 bathroom. The maximum floor area is 100m2;

- Type with one bedroom: including 1 bedroom, 1 living room, 1 kitchen and dining area, 1 bathroom. The maximum floor area is 60m2.

5.3. For single-story multi-unit housing (multiple apartments):

Single-story multi-unit housing (multiple apartments) is arranged for single individuals, households, or collective residents with a maximum floor area of each room not exceeding 45m2. Bathrooms and kitchens can be arranged separately for each unit (apartment) or shared for the entire row of houses.

6. Based on the actual situation of the locality and the standards for users of public housing, the Provincial People's Committee shall specify the detailed design and construction of public housing in the locality to be appropriate.

Part III

GUIDANCE ON SOME CONTENTS REGARDING HOUSING INVESTIGATION, STATISTICS AND HOUSING RECORD STORAGE

I. INVESTIGATION, STATISTICS AND CONSTRUCTION OF HOUSING DATABASE

1. The investigation, statistics, and construction of housing data every five years as prescribed in Article 72 of Decree No. 90/2006/NĐ-CP shall be carried out according to separate guidelines.

2. Every six months and annually, the Department of Construction shall be responsible for compiling and summarizing housing data within its jurisdiction and reporting to the Ministry of Construction. The report content includes:

2.1. Regarding the results of housing development: the total number of housing projects, including commercial housing projects (including old apartment renovation projects), social housing projects, public service housing projects, and the total floor area of each type of project;

2.2. Regarding housing management: the total housing stock within the jurisdiction, categorized by apartment housing, villa housing, attached housing, and state-owned housing; the situation of issuing Certificates of House Ownership Rights (the number of houses requiring certificates, the number of issued Certificates of House Ownership Rights and Land Use Rights, and the number of issued Certificates of House Ownership Rights);

2.3. Difficulties and obstacles in housing development and management work, along with proposals and recommendations for resolution.

3. The reporting form on housing management shall be implemented according to the guidance in Appendix 14, and the reporting form on housing development shall be implemented according to the guidance in Appendix 15, both attached to this Circular.

II. ESTABLISHING AND STORING HOUSING RECORDS

1. The agencies responsible for storing and managing housing records include:

1.1. The Department of Construction shall be responsible for storing and managing housing records of organizations or housing collectively owned by organizations and individuals;

1.2. The housing management agencies at the district level shall be responsible for storing and managing housing records of individuals.

2. Housing record storage:

2.1. Housing records shall be established for each house and administrative unit, clearly distinguishing between urban and rural areas;

2.2. Records for each house shall include documents from new issuance, replacement, reissue, and confirmation of changes to ownership certificates; design documents, completion documents (if applicable); and other related documents during the usage period;

2.3. Registers of house ownership, planning drawings, and infrastructure drawings of the housing area (if applicable).

3. Content of storing and managing housing records:

3.1. Storing and managing housing records as stipulated in this Section shall comply with the legal regulations on recordkeeping;

3.2. Establishing a database to manage housing records using a computer network system to serve statistical purposes, reporting outcomes, and supporting housing management requirements;

3.3. The agency responsible for storing housing records shall provide housing data to relevant agencies upon request.

Part IV

IMPLEMENTATION AND EFFECTIVE PROVISIONS

I. IMPLEMENTATION ORGANIZATION

1. Responsibilities of the People's Committees of provinces and centrally governed cities:

1.1. Establishing, defining functions, tasks, operational rules, and allocating operating funds for the local Housing Policy Steering Committee;

1.2. Reorganizing and staffing personnel for housing management and development activities in accordance with Article 77 of Decree No. 90/2006/NĐ-CP;

1.3. Directing the Department of Construction to coordinate with local functional agencies to develop a five-year or longer housing development program, which must clearly reflect the planning and implementation of social housing and public service housing on the local territory;

1.4. Allocating funds and directing functional agencies to organize training on specialized knowledge and skills for local housing management staff; directing the dissemination and popularization of the provisions of the Law on Housing, Decree No. 90/2006/NĐ-CP, and this Circular;

1.5. Issuing and publicly announcing specific procedures for new issuance, replacement, reissue, and confirmation of changes to Certificates of House Ownership Rights, and directing their implementation to ensure timely processing, simplified procedures, and minimal inconvenience to the people;

1.6. Based on the provisions of Article 49 of Decree No. 90/2006/NĐ-CP and the actual conditions of the locality, establishing and submitting to the Provincial People's Council for approval specific fees for issuing Certificates of House Ownership Rights;

1.7. Based on the demand for Certificates of House Ownership Rights, developing plans to strengthen personnel and invest in equipment to expedite the issuance process and support housing management within the jurisdiction;

1.8. Directing the unified management of housing records within the Department of Construction and at the district-level housing management agencies (including records related to the issuance of Certificates of House Ownership Rights and Land Use Rights under Decree No. 60/CP and Certificates of House Ownership Rights under Decree No. 95/2005/NĐ-CP previously);

1.9. Allocating funds and directing the Department of Construction to primarily implement investigations, statistics, and the construction of housing databases as prescribed in Decree No. 90/2006/NĐ-CP and this Circular.

2. The National Housing Administration shall be responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of the Law on Housing, Decree No. 90/2006/NĐ-CP, and this Circular by localities. It shall compile nationwide implementation situations for the Minister to report to the Prime Minister.

II. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect 15 days after its publication in the Official Gazette. It abolishes the provisions regarding the issuance of Certificates of House Ownership Rights in Circular No. 13/2005/TT-BXD dated August 5, 2005, of the Ministry of Construction guiding the implementation of Decree No. 95/2005/NĐ-CP dated July 15, 2005, of the Government on the issuance of Certificates of House Ownership Rights and Ownership Rights of Construction Works.

2. The People's Committees of provinces shall direct lower-level People's Committees and local functional agencies to strictly implement the provisions of the Law on Housing, Decree No. 90/2006/NĐ-CP, and this Circular.

In the course of implementation, if there are any difficulties, localities are requested to send their opinions to the Ministry of Construction for amendment and supplementation within the authority or to submit to the Prime Minister for decision./.