Circular No. 07-NV on explaining and guiding the implementation of Decree No. 25/Cp dated March 7, 1967 of the Council of Ministers regarding the regime for using houses in evacuation and air defense situations.

CIRCULAR

OF THE MINISTRY OF HOME AFFAIRS NO. 07-NV ON APRIL 8, 1967 INTERPRETING
AND GUIDING THE IMPLEMENTATION OF DECREE NO. 25/CP ON MARCH 7, 1967
OF THE STATE COUNCIL ON THE REGIME FOR USING HOUSING
IN CASES OF SCATTERING AND AIR DEFENSE

Respectfully submitted to:

- Ministries, agencies equivalent to ministries.

- Agencies under the State Council

- Central mass organizations

- Provincial and municipal administrative committees directly under the central government.

under the Central level.

In light of the enemy's intensification of war of destruction in the northern region, to address urgent requirements for dispersing factories, warehouses..., protecting the lives of workers and officials, state assets, ensuring continuous production, and enhancing combat strength, the State Council issued Decree No. 25/CP on March 7, 1967, establishing the regime for using housing in cases of scattering and air defense. This decree replaces Directive No. 111/TTg-TN dated September 4, 1965, of the Prime Minister regarding the adjustment of housing usage by agencies and enterprises in cases of scattering.

Now, the Ministry of Home Affairs issues this Circular to interpret and guide the implementation of the housing usage regime of the State Council as follows:

I- THE REORGANIZATION OF EATING, LIVING, AND WORKING SPACES TO FREE UP HOUSING FOR THE NEEDS OF WAR
FOR CONTINUOUS USE BY THE SUBJECTS
The demand for housing during wartime remains very high but the supply of housing is limited. Educating cadres and the people about the spirit of sharing hardships and self-reliance, and mobilizing all sectors and levels to jointly resolve current housing difficulties to serve production, combat, and the general life of the people is an immediate and urgent issue. Therefore, in Point 1, Section I of the regime for using housing in cases of scattering and air defense, the State Council emphasized: "Central agencies, mass organizations, enterprises, schools, etc., that have been dispersed must reorganize eating, living, and working spaces to be compact, report, and hand over all areas of unused offices, residences, clubs, warehouses, yards, and other construction sites temporarily not in use (referred to as surplus housing) to the Ministry of Home Affairs for temporary borrowing and distribution according to the overall plan. These surplus houses include:

1. Surplus office space of agencies after the Ministry of Home Affairs has agreed with the agencies to retain sufficient area for their needs based on the number of current employees in the agency's roster, excluding those who have been dispersed. Each agency may retain approximately 1/5 to 1/4 of the surplus space for temporary use by employees when they return.

2. Surplus residential space in collective housing areas after calculating the standard for those who have not been dispersed and reserving about 1/5 of the beds for returning officials who were dispersed.

Residential units according to family standards, if both spouses are dispersed, can be temporarily borrowed for use upon specific case-by-case assessment, and returned when they come back.

3. Housing of enterprises that have been dispersed or partially relocated.

4. Surplus housing of hospitals and schools after calculating sufficient space for offices, dining halls, and residences for non-dispersed staff, students, and trainees.

5. Remaining conference rooms and meeting rooms of agencies after the Ministry of Home Affairs has worked with the agencies to reserve necessary shared spaces within the same area.

6. Remaining collective welfare facilities such as dining halls, kitchens, kindergartens, health centers, etc., after the relevant sectors have organized sufficient space for non-dispersed staff.

II- ADJUSTING AND LOANING HOUSING

1. Agencies and units with housing needs should also carefully assess these needs and resolve them reasonably and economically within their own resources. Where conditions permit, agencies can arrange for officials to work and live in the same place to save space, reduce travel, and facilitate the protection of the agency.

After thoroughly assessing housing needs, sectors need to develop plans for internal housing adjustments, including subordinate units.

The housing adjustment plan must be approved by the sector head and reported to the Ministry of Home Affairs for comments before implementation.

Only after internal sectoral adjustments fail to meet urgent production and combat needs should sectors request borrowed housing, minimizing the required area to alleviate overall national difficulties.

2. Agencies and units wishing to borrow housing must go through the Ministry of Home Affairs, which will allocate and introduce them, and they must sign a housing loan contract.

Agencies can identify and propose to the Ministry of Home Affairs housing from other agencies they wish to borrow, allowing the Ministry to review and resolve, without directly contacting other agencies to borrow housing, affecting the overall plan.

After allocation and introduction by the Ministry of Home Affairs, the borrowing and lending agencies must jointly sign a housing loan contract. The housing loan contract follows the model of the Real Estate Management Bureau of the Ministry of Home Affairs and is approved by the Real Estate Management Bureau.

3. The agency lending housing remains the main management body for housing, responsible for supervising and urging the borrowing agency to fully implement the contract and properly maintain the housing. The borrowing agency must fully implement the housing loan contract and properly maintain the borrowed housing.

When one party breaches the housing loan contract, both parties must negotiate a resolution. If they cannot resolve it themselves, each party must report to the Ministry of Home Affairs, which will act as an arbitrator to resolve the issue.

In cases where the borrowing agency cohabits with the lending agency or multiple borrowing agencies share the same location, the agencies must jointly establish a common management board and discuss measures for electricity, water, telephone usage, agency protection, civil air defense, etc., as stipulated in Point 5, Section I of the State Council's housing usage regime.

III- THE USE OF HOUSING BY COMPULSORY APPROPRIATION

III- THE USE OF REAL ESTATE UNITS

1. The requisition of houses under the usage regime of the Council of Ministers shall only apply to special cases of necessity where agencies with surplus housing deliberately refuse to lend their houses temporarily to the Ministry of Interior without valid reasons or with reasons that are not as urgent as other national needs. The Minister of Interior, authorized by the Council of Ministers, will base on the number of people required for evacuation and the remaining area of houses to discuss with the Chairman of the Central Evacuation Board concurrently serving as the Minister of the Prime Minister's Office, and then issue orders to requisition necessary houses.

2. Upon receiving the requisition order from the Minister of Interior, the head of the agency whose house is requisitioned and the local administrative committee must promptly guide and urge their subordinates to prioritize the common interests of the State and strictly comply with the requisition order, creating all conditions for the agency whose house is requisitioned to quickly pack up belongings and hand over the house to the borrowing agency within the time limit specified in the requisition order.

3. In case the agency whose house is requisitioned does not strictly comply with the requisition order, the agency allocated to use the house must immediately report to the local administrative committee and invite the police agency to prepare a report to the Ministry of Interior, while requesting the local administrative committee and the police agency to create all conditions for the agency whose house is requisitioned to strictly comply with the requisition order within the prescribed time limit.

4. For houses that have been requisitioned, both the agency whose house has been requisitioned and the agency using the house must sign a contract and bear responsibilities as stipulated in Point 3, Section II above.

IV - REGARDING HOUSES IN LOCALITIES

For houses of central agencies located in localities that localities need to borrow, the local administrative committees at provincial and centrally-administered city levels must report to the Ministry of Interior for the Ministry of Interior to negotiate with relevant agencies to resolve the matter.

For houses under the management of local administrative committees, in cases of necessity, the Ministry of Interior will negotiate with the local administrative committee to temporarily borrow them as mentioned in Section I above, and if local agencies retain houses without valid reasons, the Minister of Interior will also issue a requisition order as stated in Point 5, Section II of the usage regime of the Council of Ministers.

This Circular replaces Circular No. 21/NV dated October 22, 1965 of the Ministry of Interior.

Tô Quang Đẩu

(Signed)