Circular No. 09/2015/TT-BXD guiding the management and use of public service housing

BI DUNG MỚI CONSTRUCTIONHoặc người nhận tiền: ...TRỊ -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
No.: 09/2015/TT-BXD	Hanoi, December 29, 2015

CIRCULAR

GUIDELINES FOR THE MANAGEMENT AND USE OF PUBLIC HOUSING

Pursuant to the Law on Housing No. 65/2014/QH13 dated November 25, 2014;

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

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

Pursuant to Decision No. 27/2015/QĐ-TTg dated July 10, 2015 of the Prime Minister on public housing standards;

At the proposal of the Director of the Department of Housing Management and Real Estate Market; The Minister of Construction hereby issues this Circular guiding the management and use of public housing.

This Circular specifies certain contents regarding the management and use of public housing (including basic furniture attached to such public housing), including: regulations on the management and use of public housing; procedures and formalities for renting public housing; methods for determining rental prices for public housing; public housing rental contracts; reports on the management and use of public housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies certain contents regarding the management and use of official housing, including: regulations on the management and use of official housing; procedures and formalities for renting official housing; methods to determine rental prices for official housing; official housing lease contracts; reports on the management and use of official housing.ANNEX I.A[31]The management and use of public housing (including basic furniture attached to such public housing) includes: regulations on the management and use of public housing; procedures and formalities for renting public housing; methods for determining rental prices for public housing; public housing rental contracts; reports on the management and use of public housing.ngThe managing entity of official housing has

Article 2. Applicability

1. Subjects eligible and meeting the conditions to rent public housing as stipulated in Article 32 of the Law on Housing No. 65/2014/QH13 (hereinafter referred to as the Housing Law 2014);

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

3. State management agencies at all levels concerning housing.

Article 3. Explanation of Terms

1. "Public housing management agency" is an agency assigned by central ministries and sectors or provincial People's Committees (hereinafter collectively referred to as provincial People's Committees) to directly manage the public housing fund under their jurisdiction.

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

Chapter II

MANAGEMENT AND USE OF PUBLIC HOUSING

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

1. The management, use, warranty, and maintenance of public housing shall be carried out in accordance with the provisions of the Housing Law 2014 and the Government's Decree No. 99/2015/NĐ-CP dated October 20, 2015 detailing and guiding the implementation of the Law on Housing.

2. Standards for usable area and basic furniture quotas for public housing shall be implemented in accordance with the Prime Minister's Decision No. 27/2015/QĐ-TTg dated July 10, 2015 on public housing standards.

3. Archiving of public housing records

a) The public housing management agency is responsible for collecting, compiling, and archiving housing records and handing over one complete set of records (for new construction cases) or organizing the compilation or hiring consulting units to redraw records (for currently used public housing without records) to the public housing management and operation unit.ANNEX I.A[31] The public housing management and operation unit is responsible for receiving, collecting, and archiving complete records and other records related to the construction, operation, warranty, maintenance, and renovation processes of public housing; if there are insufficient records, it should request the public housing management agency to provide redrafted records, newly generated, and supplementary records during the management and use process.

b) Advance payment for transferred expenditure items: The following documents and vouchers should be attached depending on the nature of the expenditure:N ||| declaration of customs import procedures. + Maintenance procedures for official housing and interior equipment of official housing. trThe public housing management and operation unit has the responsibility to receive, collect, and archive complete records and other records related to the construction, operation, warranty, maintenance, and renovation processes of public housing; if there are insufficient records, it should request the public housing management agency to provide redrafted records, newly generated, and supplementary records during the management and use process.

c) For newly constructed public housing, the management records include:ớ- Documents on land use rights, ownership of housing and other assets attached to the land;

- Approval documents for projects; design drawings, completion drawings; acceptance documents, handover documents for putting housing into use;

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

- Other relevant files and documents (if any).

d) For public housing put into use before the Housing Law 2014 came into effect and some public housing units arranged in apartment buildings without management records as stipulated in Point c Clause of this Article, the public housing management agency is responsible for organizing the compilation or hiring consulting units with sufficient capacity to compile management records as follows:

- For public housing put into use before the Housing Law 2014 came into effect, the management records include:No. + Certificate of land use rights, ownership of housing and other assets attached to the land issued to the representative owner of public housing;

+ A panoramic photograph of the main facade of the housing; a current layout plan of the public housing area showing the position, shape, size, and area of the plot and facilities within the public housing premises;ì + Current layout drawings of the electrical, water supply and drainage, communication systems, and arrangement of existing furniture in public housing;

+ Maintenance procedures for public housing and its internal equipment.o - For public housing units arranged in apartment buildings:

+ Legal documents and sales contracts for commercial housing converted to public housing;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."+ Acceptance and handover documents for housing and internal equipment signed between the developer and the public housing management agency; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;+ Current floor plans of floors containing public housing;

+ Financial settlement documents related to investment capital for public housing; tr+ Certificate of land use rights, ownership of housing and other assets attached to the land issued to the buyer of commercial housing converted to public housing.No. d) The cost for compiling management records for public housing shall be guaranteed by the state budget and included in the annual budget of the public housing management agency.

- For official housing units located within residential buildings: + Legal documents and sales contracts for commercial housing converted to official housing;

+ Acceptance and handover certificates for official housing and related interior equipment signed between the developer and the official housing management agency;No. + Floor plans of floors containing official housing;

+ Financial settlement documents and final accounts for official housing investment projects;ZrO+ Land use rights certificates, ownership certificates for official housing and other assets attached to the land issued to the buyer of commercial housing converted to official housing.

+ BANNEX I.A[31]d) Funding for preparing management files for official housing managed by the budget under difficult socio-economic conditions, border areas, and islands. trn) Monitoring, supervising, and handling violations or proposing competent authorities to handle violations related to the management and use of official housing;of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairso) Summarizing and reporting periodically every six months or at the request of the representative owner of official housing about the management and leasing situation of official housing according to Article 17 of this Circular.

official housing

through a management and operation entrustment contract for official housing. d) For local official housing allocated to individuals managed by the district level,

đ) In cases where official housing is located in remote and mountainous districts, border areas,

e) If commercial housing is purchased to be converted to official housing, the enterprise currently managing the commercial housing shall manage the official housing. The cost for compiling management records for public housing shall be guaranteed by the state budget and included in the annual budget of the public housing management agency.

Article 5. Agency Representing the Owner of Public Service Housing

The agency representing the owner of public service housing shall be specified as follows:

1. The Ministry of Construction shall be the agency representing the owner of public service housing of the Government that is newly constructed or purchased from commercial housing to be allocated for lease to leaders of central agencies (excluding the Ministry of National Defense and the Ministry of Public Security).

2. Central agencies (excluding the Ministry of National Defense and the Ministry of Public Security) shall be the agencies representing the owners of public service housing currently under their management.

3. The Ministry of National Defense and the Ministry of Public Security shall be the agencies representing the owners of public service housing under the management of the Ministry of National Defense and the Ministry of Public Security.

4. Provincial People's Committees shall be the agencies representing the owners of public service housing (including teachers', doctors', and healthcare workers' public service housing deployed to work in remote areas, economically disadvantaged regions, border areas, and islands) under their management within their jurisdiction.shall relevant laws;

Article 6. Management Agencies of Public Service Housing

1. Management agencies of public service housing include:

a) For public service housing of the Government that is newly constructed or purchased from commercial housing to be allocated for lease to leaders of central agencies (excluding the Ministry of National Defense and the Ministry of Public Security), the Real Estate Management and Market Department of the Ministry of Construction shall be the management agency of public service housing.

b) For public service housing managed by central ministries and sectors, the Office of the Ministry or the unit responsible for managing housing of that ministry or sector shall be the management agency of public service housing.

c) For public service housing of localities managed by provincial People's Committees,ì the Construction Department shall be the management agency of public service housing; for the public service housing fund of localities entrusted by provincial People's Committees to district-level People's Committees (hereinafter referred to collectively as district-level People's Committees) to manage,ì the department responsible for managing housing of the district-level People's Committee shall be the management agency of public service housing.

2. Rights and trresponsibilities of management agencies of public service housing

a) Receiving, reviewing, tallying, and classifying public service housing under their management;

b) Establishing and storing files on public service housing as prescribed in Point a Clause 3 Article 4 of this Circular;

c) Preparing lists and submitting them to the agency representing the owner of public service housing for decisions on tenants of public service housing; having the authority to decide on tenants of public service housing if authorized;

d) Submitting too the agency representing the owner of public service housing for decisions on units managing and operating public service housing or independently deciding on selecting units managing and operating public service housing if entrusted to implement through a power of attorney contract according to the model prescribed in Appendix No. 02 issued together with this Circular;ANNEX I.A[31]đ) Based on legal provisions to establish rental prices for public service housing under their management to submit to the agency representing the owner of public service housing for decision;

e) Reporting to the agency representing the owner of public service housing for decisions on forced recovery of public service housing; having the authority to decide on recovering public service housing if authorized;

g) Being

responsible for renting commercial housing meeting equivalent standards to public service housing for persons entitled to reside in public service housing in cases where such housing has not been arranged at the location they are assigned to work; the tenant shall be responsible for paying rent up to a maximum of 10% of their current salary at the time of leasing public service housing; the remaining difference in rent for commercial housing shall be covered by the management agency of public service housing from the state budget; trh) Annually, the management agency of public service housing prepares a budget estimate for renting commercial housing and related expenses

to be approved by the competent authority prescribed in Article 5 of this Circular as the basis for compensating the budget for renting commercial housing from the state budget;councillORSi) Inspecting and urging the leasing, warranty, maintenance, and operation management of public service housing within their management scope; trk) Being entitled to indirect management costs from rental income of public service housing as prescribed in Point c Clause 2 Article 11 of this Circular;

) Inspecting financial reports of units managing and operating public service housing;

m) Drafting plans for maintenance, renovation, or reconstruction of public service housing to

lbe approved by the agency representing the owner of that housing;

n) Inspecting, supervising, and handling violations or proposing competent authorities to handle violations related to the management and use of public service housing; tro) Summarizing and reporting periodically every six months or at any time upon request of the agency representing the owner of public service housing on the situation of management and allocation for lease of public service housing as prescribed in Article 17 of this Circular.

When official housing units are located in commercial residential buildings, the managing entity must deduct from the rent of official housing to pay the official housing management agency the maintenance costs for common areas as stipulated by housing laws;

m) Cooperating to implement the recovery and management of official housing according to decisions of competent authorities;

Article 7. Management and operation units of public service housing

in ung that;

1. Management and operation units of public service housing

a) The management and operation unit of public service housing shall be assigned tasks to manage and operate such housing through tendering procedures or direct assignment by the public service housing management agency as stipulated in Clause 1, Article 6 of this Circular, through a management and operation entrustment contract for public service housing.ìn accompanying a registration list with the representative owner of official housing for consideration and decision on leasing official housing;

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

c) In cases where there is no organization or unit with the function and expertise to manage and operate housing on the local administrative area, the Department of Construction may establish a subordinate department within the Department of Construction to manage and operate public service housing and lease services related to the management and operation of public service housing.

p as stipulated in Clause 2, Article 12 of this Circular and clearly notify the tenant of official housing.ì d) For public service housing of localities allocated to individuals under the jurisdiction of district-level management, if there is a unit capable of managing and operating housing, it may be entrusted to such a unit to perform management and operation, or alternatively, the district-level housing management agency may organize the performance of management and operation.

4. Notify the managing entity of official housing immediately when the tenant no longer meets the criteria for renting official housing or changes jobs or retires.ớe) In remote, border, mountainous, and island areas, management and operation may be entrusted to the entity that has signed a public service housing rental contract with the tenant.

- Based on the existing official housing fund and official housing standards, within twenty days from receiving the request from the agency directly managing the person needing official housing, the authority responsible for leasing official housing must check and issue a decision to lease official housing if the conditions are met; otherwise, they must provide a written response explaining the reasons.

2. Rights and trResponsibilities of management and operation units of public service housing

a) Accept the public service housing fund transferred from public service housing management agencies to implement management and operation according to this Circular and relevant laws; - The authority responsible for leasing official housing sends the Decision on Leasing Official Housing to the managing entity of official housing, the agency directly managing the tenant, and the tenant (one copy each) to coordinate in managing and leasing official housing. - Based on the leasing decision of the representative owner, the official housing management agency proposes the managing entity to sign a direct lease contract with the tenant according to the following provisions:

b) Implement management and operation, maintenance, and rental of public service housing to ensure safety, security, and environmental hygiene as stipulated in the entrustment contract signed with the public service housing management agency;

c) Develop and issue internal regulations for the management and use of public service housing as prescribed in this Circular and disseminate these regulations to tenants of public service housing;

For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;d) Manage the unrented areas of public service housing within the designated management area;

e) Exploit the areas designated for business and services (if any) in public service housing projects in accordance with the law to generate revenue to offset management and operation costs and maintenance expenses;

f) If the management and operation unit directly collects fees for services such as electricity, water, internet, or property storage, it must ensure that these activities are not conducted for profit-making purposes;

g) Management and operation services for public service housing shall enjoy benefits similar to those provided for public utility services when supplying services to public service housing as stipulated by law;

h) Collect and store files related to the construction, operation, warranty, maintenance, and renovation of public service housing;

i) Organize the maintenance and renovation of public service housing according to plans approved by competent authorities. In cases where public service housing units are arranged in commercial residential buildings, the management and operation unit must allocate funds from the rental income of such housing to pay the common maintenance fees to the public service housing management agency as prescribed by the law on housing; the responsibility to managej) Inspect, monitor, promptly identify, and request competent authorities to handle violations in the management and use of public service housing;ANNEX I.A[31] + Both parties directly negotiate and sign the lease contract within ten days from the effective date of the decision.

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

ll) Coordinate in implementing the recovery and management of public service housing according to decisions made by competent authorities;

+ Rental price for official housing as stipulated in Article 11 of this Circular.

m) Summarize and report periodically every six months or at any time upon request by the public service housing management agency on the management and operation, maintenance, and rental management of public service housing;

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

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

1. Verify and confirm in the application for renting official housing of individuals eligible to rent official housing regarding the actual housing conditions at the locality where they are assigned to work and bear legal responsibility for the contents thereof. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;+ Lease term for official housing based on the tenure period of the tenant's appointment, transfer, or rotation but not exceeding five years. Upon expiration of the contract, if the tenant still qualifies for continued leasing, both the lessor and lessee will renew the contract according to these provisions.

2. Send the document along with the registration list to the agency representing the owner of official housing for examination and decision on allocation for renting official housing.n l+ The managing entity of official housing is responsible for sending the signed lease contract to the official housing management agency and the tenant's management agency (one original copy each).

3. Implement payment of rent for official housing to the management and operation unit as prescribed in Clause 2, Article 12 of this Circular and notify the tenant of official housing about such payment clearly.nationalu regulationsng4. Notify in writing the agency managing official housing and the management and operation unit of official housing immediately when the tenant no longer meets the criteria for renting official housing or transfers work assignments or takes leave or retires.

set out in Appendix No. 03 of this Circular.logoLEASE CONTRACTS, RENTAL PRICES, PAYMENT OF RENT FOR OFFICIAL HOUSINGorental prices also adjust accordingly;

Chapter III

Article 9. Procedures and formalities for renting official housing

Ề1. Objectives and conditions for renting official housing

Objectives and conditions for considering and allocating rental of official housing shall be implemented in accordance with Article 32 of the Housing Law 2014 and Decree No. 99/2015/NĐ-CP dated October 20, 2015.

Submit the application for renting official housing as stipulated in Appendix No. 01 issued together with this Circular.

3. Procedures and formalities for renting official housing

32T32RFUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSa) For cadres falling under the categories eligible to rent official housing as specified in Points b, c, đ, e, g of Clause 1, Article 32 of the Housing Law 2014, if there is a need to rent official housing, they shall submit one set of rental application documents to the agency representing the owner of official housing (which can be submitted directly or sent via postal service). The documents include:

- One application for renting official housing (in accordance with Model Appendix No. 01) which has been confirmed by the agency directly managing the cadre or civil servant regarding the actual housing conditions as stipulated in Clause 2, Article 32 of the Housing Law 2014.

- One copy of the appointment, transfer, or rotation decision with confirmation from the issuing agency or the agency directly managing the cadre or civil servant. b) For individuals renting official housing as specified in Point d of Clause 1, Article 32 of the Housing Law 2014, the Ministry of National Defense and the Ministry of Public Security shall specify the competent authority to decide on the category of individuals eligible to rent official housing and the procedures and formalities for renting official housing in accordance with actual conditions and this Circular.

c) For individuals renting official housing as specified in Points b, c, đ, e, g of Clause 1, Article 32 of the Housing Law 2014, the registration for renting official housing shall be carried out as follows: in - Within ten days from the date of receipt of the application for renting official housing, the agency or organization directly managing the individual with the need to rent official housing shall verify and send a written document to the competent authority for examination and decision on renting official housing as follows:

+ For official housing of the Government, the agency or organization directly managing the individual with the need to rent official housing shall register for renting official housing with the Ministry of Construction.

+ For official housing managed by ministries and sectors, the agency or organization within the ministry or sector managing the individual applying for renting official housing shall register for renting official housing with the housing management agency under that ministry or sector.

+ For official housing of localities managed by provincial People's Committees, the agency or organization managing the individual applying for renting official housing shall register for renting official housing with the Department of Construction; for the official housing fund of localities entrusted by provincial People's Committees to district, county, or town People's Committees (hereinafter referred to collectively as district-level People's Committees) for management, the registration for renting official housing shall be made with the office responsible for housing management under the district-level People's Committee.

- Based on the existing official housing fund and housing standards, within twenty days from the date of receipt of the written request from the agency or organization directly managing the individual with the need to rent official housing, the competent authority deciding on renting official housing shall be responsible for verifying and, if the conditions for renting official housing are met, issue a decision on renting official housing; in case the conditions are not met, a written response must be provided stating the reasons.

- The competent authority deciding on renting official housing shall send the Decision on Allocation for Renting Official Housing to the management and operation unit of official housing, the agency directly managing the tenant, and the person renting official housing (one copy each) to coordinate in the management and allocation for renting official housing.

- Based on the decision on allocation for renting official housing by the agency representing the owner, the official housing management agency shall issue a document (attached with the list of persons allocated for renting official housing) requesting the management and operation unit to directly sign a lease contract for official housing with the tenant according to the following provisions:ng+ Both parties shall directly negotiate and sign the lease contract for official housing within ten days from the effective date of the decision.

+ Rental price for official housing as stipulated in Article 11 of this Circular.No.+ Duration of renting official housing based on the term of appointment, transfer, or rotation of the tenant but not exceeding five (5) years. When the contract expires and the tenant still qualifies for continued rental of official housing, the lessor and lessee of official housing shall proceed to sign a new contract in accordance with this provision. in + The management and operation unit of official housing shall be responsible for sending the signed contract to the official housing management agency and the agency managing the tenant, one original copy each.

is responsible for paying service fees to the managing entity to cover the cost of services provided by the service provider. in based on the implementation and agreed service fee levels in the service contract;

office supplies, office furniture, tools, and inexpensive items prone to wear and tear of the managing entity;

quality of official housing; maintenance costs for construction works determined by the developer and official housing management agency based on the maintenance procedures of the design contractor and equipment supplier.

; the depreciation period for housing is fifty years. Basic interior furnishings cost approximately 200,000,000 VND (average 2,000,000 VND/m²); the average lifespan of basic furnishings is about five years. According to housing laws, maintenance funds for common areas are 2% of the selling price of housing, and common area usage is 30% of the total floor area of the building. Therefore, the total maintenance fund for both common and private areas of the building is 2%

Maintenance cost (VND/m²/year)

10,000,000 (VND/m²/year)

usage/month)

Article 10. Lease Contract for Official Housing

The leasing of official housing must be established through a Contract in accordance with the provisions set out in Appendix No. 03 of this Circular.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSincrease according to state regulations. official housing to deduct from the tenant's salary to pay rent to the managing entity of official housing.

Article 11. Rent Price for Official Housing

1. Principles for Determining the Rent Price for Official Housing

a) Include all necessary costs to manage operations, maintenance, and leasing during the use of the housing (excluding depreciation costs of initial investment and costs of purchasing commercial housing as official housing);

b) Exclude land use fees;

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

d) For expenses related to services such as electricity, water, telephone, internet, parking various types of vehicles, and other services directly paid by the tenant to the service provider according to bilateral contracts. In cases where the official housing management unit signs a contract with the service provider, the tenant shall be responsible for paying the service usage fees to the management unit to transfer to the service provider; If the tenant fails to return the housing according to the deadline specified in Point c, Clause 1, Article 1 of this Circular, the lessor shall report to the official housing management agency to enforce the recovery of the official housing. trfor the service provider unit.

2. The components of the rent price for official housing include management operation costs, maintenance costs, and leasing management costs for official housing and are determined specifically as follows:

a) Management operation costs include:

- Wages and allowances, social insurance, health insurance, and other deductions from the salary fund for the staff of the official housing management unit; wages are determined based on the staffing level, salary, allowances, and other deductions from the salary fund according to current regulations of the State;

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

- Office supplies, office furniture, tools, and inexpensive consumables of the management unit;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." office supplies, office furniture, tools, inexpensive items prone to quick wear and tear managed by the operating unit;

- Electricity and water costs for the management unit's office operations; public lighting and other electrical consumption in the housing area;

b) Maintenance costs include all costs for regular maintenance, periodic repairs, and emergency repairs to maintain the quality of official housing; costs for maintenance work by the project owner and official housing management agency based on the construction maintenance procedures of the design contractor and equipment supplier;ì quality of the official housing; maintenance costs for the construction project determined by the investor and the official housing management agency based on the maintenance procedures of the design contractor and equipment supplier.

c) Leasing management costs include indirect management costs for the official housing management agency and direct costs for the official housing management unit according to the guidelines of the Ministry of Finance;

3. Method for Determining the Rent Price for Official Housing

a) For currently used official housing

The formula for determining the rent price for official housing

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the monthly rent price for using an apartment (VND/m 1m² - Q is the total annual management operation and leasing management costs of the official housing area (VND/year).²- Total annual management and operation costs of the official housing area (VND/year).

is the average annual maintenance cost for the apartment building (VND/year).

Ministry of Construction sets specific price_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the income from operating services in the official housing area in a year, such as parking services, cafeteria services, advertising, and other service revenues as stipulated by law (VND/year).

- T_dv is the total usable area of apartments in the official housing area (m tris the reasonable profit margin (unit of measure %).

- Provincial People's Committees set specific prices - K is the discount factor provided by the management unit to reduce the rent price for official housing (if applicable).²).

- "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below: - T is the VAT rate as prescribed by the State.

For newly constructed official housing

- dkQ is the projected total annual management operation and leasing management costs of the official housing area (VND/year).

b) - dkTngis the projected income from operating services in the official housing area in a year, such as parking services, cafeteria services, advertising, and other service revenues (if any) as stipulated by law (VND/year). theis the total usable area of apartments in the official housing area (m

The formula for determining the rent price for official housing

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the monthly rent price for using an apartment (VND/m 1m² - Q is the total annual management operation and leasing management costs of the official housing area (VND/year).²- Total annual management and operation costs of the official housing area (VND/year).

, T, K are specified as in Point a of this Clause.

- dkB_dv is the projected annual maintenance cost for the apartment building and attached interior fixtures (if any) (VND/year).

- Provincial People's Committees set specific prices Maintenance Cost (VND/mngused apartment/month)²).

- "5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:A x Calculated Price (VND/m

floor area)_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} : Bn lDepreciation period x 12 months

+ A is the percentage of maintenance funds for both common and private areas in official housing converted from the 2% maintenance fund for common areas based on the actual ratio of common and private areas in the official housing project.2 + Calculated Price is the actual construction investment cost of	=	official housing floor area, if not determinable, then it is taken according to the investment cost of similar residential projects announced by the Ministry of Construction at the time of completion of the official housing construction project and the basic interior fixture investment cost.2 + B is the percentage of private area floor space compared to the total floor area of official housing according to the specific official housing project.	+ The depreciation period for official housing construction investment is calculated according to the level of the construction project and type of house as per Circular No.
		162/2014/TT-BTC

Where:

dated November 6, 2014, issued by the Minister of Finance.

+ Example of calculating maintenance costs: 1m² An official housing project has a ratio of common area to private area of 30%/70%, the actual construction investment cost ofnationalofficial housing is 10,000,000 VND/m

, the depreciation period for housing is 50 years. The basic interior fixture cost for a 100m

apartment is 200,000,000 VND (average 2,000,000 VND/mNo. ); the average lifespan of basic interior fixtures is about 05 years. According to the law on housing, the maintenance fund for the common area is 2% of the housing sale price, the common area is 30% of the total floor area of the building. Therefore, the total maintenance fund for both common and private areas of the building is: 2%

Maintenance Cost for Housing (VND/m

10,000,000 (VND/m 1m² used/month)², the depreciation period for housing is 50 years. The cost of basic interior furnishings for a unit with an area of approximately 100m²² is 200,000,000 VND (on average 2,000,000 VND/m²²); the average useful life of basic interior furnishings is about 05 years.

According to the law on housing, the maintenance fundầfor common areas is 2% of the sale price of the housing, with the common area usage equaling 30% of the total floor area of the building. Therefore, the total maintenance fund for both common and private usage areas of the building is: 2% x 100% : 30% = 6,67%.

Maintenance cost for the house (VND/m²2 + Calculated Price is the actual construction investment cost of	=	6,67% x 10,000,000 (VND/m²2)	: 70%
		50 years x Twelve months
	=	1.600 (DONG/M2 per month of use).

Maintenance costs for interior equipment (DONG/M2 (VND/month)	=	2,000,000 (VND/m2)	x 4.67%
		5 years x Twelve months
	=	1.550 VND/m³2 usage/month.

c) In the case of purchasing commercial housing to serve as public service housing

The formula for determining the rent price for official housing

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the monthly rent price for using an apartment (VND/m 1m² - Q is the total annual management operation and leasing management costs of the official housing area (VND/year).²- Total annual management and operation costs of the official housing area (VND/year).

- P₁ is theANNEX I.A[31] management service fee for operating condominiums anticipated by the Developer and agreed upon with representatives of residents in the condominium (VND/mdevelopment usage/year)² applied to all apartments including public service apartments within the condominium.

- Q₁ is the direct management rental fee (calculated as a percentage of total direct management operation and maintenance costs of housing).

- Q₂ is the indirect management rental fee (calculated as a percentage of total direct management operation and maintenance costs of housing).

- dkB_dv is the anticipated revenue from operating services within the commercial housing area allocated to the usable area of public service housing for the year, such as parking services, cafeteria services, advertising, and other service revenues (if any) as prescribed by law (VND/year).

- Provincial People's Committees set specific prices is the total usable area of public service apartments (m²).

- T is the tax rate on value added tax as prescribed by the State.ia increases according to the regulations of the State.

floor area)_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the anticipated average annual cost for maintaining condominiums calculated similarly to the case specified in Point b Clause of this Article (VND/year).

Article 12. Payment for Public Service Housing Rent

1. The tenant of public service housing shall sign a lease agreement with the management unit and directly pay the rent for public service housing according to the amount and time stipulated in the Public Service Housing Lease Agreement.

2. If the tenant of public service housing fails to pay rent for three consecutive months, the agency or organization directly managing the tenant of public service housing shall deduct the tenant's salary to pay the rent to the management unit of public service housing.ngofficial housing management unit deducts rent from the tenant's salary to pay the housing rental fee to the housing management operation unit. in official housing.

Article 13. Rights and Obligations of Tenants

in ung that;

The rights and obligations of tenants of public service housing shall be carried out in accordance with Article 34 of the Housing Law 2014.

Article 14. Recovery of Public Service Housing

The recovery of public service housing shall be carried out in accordance with Article 84 of the Housing Law 2014.

Article 15. Procedures and Formalities for Recovery and Forced Recovery of Public Service Housing

1. Procedures and formalities for recovering public service housing

a) When it is necessary to recover public service housing as stipulated in Article 14 of this Circular, the public service housing management agency shall notify the tenant and instruct the public service housing management unit to review the current status of the public service housing that has been arranged for lease to proceed with signing a handover record for public service housing involving three parties: the tenant of public service housing, the public service housing management unit, and the public service housing management agency. The handover recordngof public service housing must include the following contents: tr- Legal basis;

- Address of public service housing and name of the tenant of public service housing;

- Parties involved in the handover and the content of the handover and acceptance of public service housing;

- Appendix detailing the current condition of public service housing and accompanying facilities at the time of recording the handover record;

- Confirmation of the handover and acceptance of public service housing.

After receiving the handover record for public service housing, within seven working days from the date of signing the record, the management unit and the tenant shall proceed with settlement and termination of the contract (rent payment and service fees used by the tenant and related matters) and the tenant shall return the public service housing to the management unit.

b) The maximum period for the parties to sign the handover record and recover public service housing is not more than sixty days. In the event that the tenant of public service housing does not return the public service housing, the management unit shall report to the public service housing management agency to request recovery of the public service housing, and the public service housing management agency shall have the responsibility to inspect, if it falls under the category requiring recovery, then submit a proposal to the agency representing the owner of the public service housing to consider and issue a decision to recover the public service housing, with the maximum recovery period not exceeding thirty days from the effective date of the recovery decision.

c) Procedures and formalities for forced recovery of public service housing trIn the event that the tenant of public service housing falls under the category for recovery but does not return the housing within the deadline stipulated in Point c Clause 1 of this Article, the landlord shall issue a written report to the public service housing management agency requesting forced recovery of public service housing.ngBased on the report of the management unit, the public service housing management agency shall inspect and report to the agency representing the owner of the public service housing for consideration and issuance of a decision to forcibly recover public service housing in accordance with Appendix 04 attached to this Circular.

2. Upon receipt of the report from the public service housing management agency, the agency representing the owner of the public service housing shall have the responsibility to inspect and compare with the current laws on public service housing to issue a decision to forcibly recover public service housing and send this decision to the public service housing management agency, the management unit, and the tenant; in cases where ministries, sectors, and central agencies issue decisions to forcibly recover public service housing, these agencies must accompany the decision to forcibly recover public service housing with a request to the provincial People's Committee where the public service housing is located to organize forced recovery; the cost of organizing compulsory recovery of public service housing shall be borne by the tenant of public service housing. If the tenant does not bear the cost, the agency managing the staff shall be responsible for deducting salary to cover the cost.

a) For public service housing currently managed by the Ministry of National Defense and the Ministry of Public Security, the public service housing management agency may issue a decision to forcibly recover public service housing if authorized to do so.ANNEX I.A[31]if the lessee fails to return the housing as stipulated in Point c Clause 1 of this Article, the lessor shall report to the official housing management agency requesting forced recovery of the official housing.This Resolution takes effect from the date it is adopted by the National Assembly.provide additional information regarding the land area of the villa;

b) Based on the decision to forcibly recover public service housing, the provincial People's Committee where the public service housing is located may directly or delegate the district People's Committee where the public service housing is located to organize forced recovery and hand over the housing to the landlord in accordance with regulations. The handover of public service housing must be recorded in a record with confirmation from participating agencies in the forced recovery.

c) d) The deadline for implementing forced recovery is not more than thirty days from the date the competent authority issues the decision to forcibly recover public service housing. After the handover and acceptance of recovered public service housing, the landlord shall be responsible for managing and using the public service housing in accordance with the decision to forcibly recover public service housing.

REPORT ON THE MANAGEMENT AND USE OF PUBLIC SERVICE HOUSING AND PROHIBITED BEHAVIORS IN THE MANAGEMENT AND USE OF PUBLIC SERVICE HOUSINGì The housing management agency has the right to issue a Decision on Forced Recovery of Public Housing if it is assigned to carry out such tasks.

d) Based on the Decision on Forced Recovery of Public Housing, the Provincial People's Committee where the public housing is located may directly or delegate the District People's Committee where the public housing is located to organize the forced recovery and hand over the housing to the Lessor according to regulations. The handover of public housing must be recorded in a protocol with confirmation from the participating agencies.

d)This Resolution takes effect from the date it is adopted by the National Assembly.The deadline for implementing the forced recovery shall not exceed thirty days from the date the competent authority issues the Decision on Forced Recovery of Public Housing.

e) After handing over and receiving the recovered public housing, the Lessor is responsible for managing and using the public housing according to the Decision on Forced Recovery of Public Housing.

Chapter IV

REPORT ON THE MANAGEMENT AND USE OF PUBLIC HOUSING INCLUDING PROHIBITED ACTS IN THE MANAGEMENT AND USE OF PUBLIC HOUSING

Article 16. Procedure for reporting on the management and use of public service housing

reason use of public housing

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

2. The agency managing public service housing shall report to the agency representing the owner on the situation of management and allocation for rental of public service housing.

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

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

Article 17. Content and Reporting System

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

1. The unit managing and operating public service housing shall submit written reports containing the situation of management, operation, maintenance, and rental management of public service housing to the agency managing public service housing every six months or at any time upon request of the agency managing public service housing.

2. The agency managing public service housing shall submit written reports containing the situation of management and allocation for rental of public service housing under its management to the agency representing the owner of public service housing every six months or at any time upon request of the agency representing the owner of public service housing.

3. Ministries, sectors, central agencies, and provincial People's Committees shall submit written reports on the situation of management and use of public service housing to the Ministry of Construction according to the forms prescribed in Appendix No. 05 and Appendix No. 06 issued together with this Circular once a year before December 31 each year.ìnagement and use of public housing according to the FORM prescribed at Appendix No. 05 and Appendix No. 06 issued together with this Circular once a year before December 31 each year.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSng of this Circular to issue regulations on the management and use of public housing under its management, and to establish a rental price framework suitable to the actual conditions of the locality for uniform application within the area;

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

Prohibited acts in the management and use of public service housing are stipulated in Article 6 of the Law on Housing 2014.

Chapter V

IMPLEMENTATION

Article 19. Responsibilities of Central Ministries and Sectors in the Management and Use of Public Service Housing

Ministries and sectors with public service housing funds shall base on the regulations on the management and use of public service housing in this Circular to issue regulations on the management and use of public service housing suitable to the conditions of their ministries or sectors.

Article 20. Responsibilities of People's Committees at all levels

1. Responsibilities of Provincial People's Committees

a) Base on the contents of this Circular to issue regulations on the management and use of public service housing under their management, issue rental price frameworks suitable to the actual conditions of the locality to be uniformly applied within the administrative area; For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Living with permission

b) Implement reporting on the situation of management and use of public service housing as stipulated in Article 17 of this Circular;

c) Organize forced recovery of public service housing from the date the decision on forced recovery of public service housing by the competent authority takes effect.

2. Responsibilities of the People's Committee at the district level

a) Directly manage the public service housing fund assigned and select the unit managing and operating public service housing;

b) Inspect and identify issues hindering the management and use of the public service housing fund assigned to handle within their authority or report to the provincial People's Committee for consideration and resolution;

c) Report on the situation of management and use of public service housing as stipulated in this Circular;

d) Organize forced recovery of public service housing (if authorized) from the date the decision on forced recovery of public service housing by the competent authority takes effect.

Article 21. Responsibilities of the Construction Departments of provinces and centrally governed cities

1. Select the unit to manage and operate public service housing when assigned by the provincial People's Committee; inspect, urge the implementation of management and operation, maintenance, and rental management of public service housing; submit to the provincial People's Committee for approval of the rental price framework for public service housing within their jurisdiction and the rental prices for public service housing under their management;

2. BusinesspoliciesPropose measures to handle violations to the provincial People's Committee;

3. Summarize and report to the provincial People's Committee on the situation of managing and using public service housing within their jurisdiction.

Article 22. Responsibilities of the Department of Housing Management and Real Estate Market

1. The Department of Housing Management and Real Estate Market is responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of this Circular.

2. Report on the implementation of policies regarding public service housing nationwide and propose amendments and supplements for the Minister of Construction to issue within their authority or report to the Prime Minister for consideration and decision.

Article 23. Effectiveness of Implementation

1. This Circular takes effect from February 16, 2016.

2. Circular No. 01/2014/TT-BXD dated January 16, 2014, issued by the Minister of Construction guiding the management and use of public service housing, and Circular Joint Circular No. 04/2013/TTLT-BXD-BTC dated April 22, 2013, issued by the Minister of Construction and the Minister of Finance stipulating standards and quotas for basic interior furnishings of public service housing cease to be effective from the date this Circular takes effect.

3. In the course of implementation, if there are difficulties, please promptly reflect them to the Ministry of Construction for study and resolution. /

Place of Receipt: - Prime Minister and Deputy Prime Ministers; - Central Party Office and Party Committees; - Ministries, agencies equivalent to ministries, and agencies under the Government; - Ethnic Council and Committees of the National Assembly; - General Secretary's Office; - State Office h- - President's Office; - T3cm Supreme People's Court; - Supreme People's Procuracy; - Central agencies of mass organizations; - Provincial People's Councils, Provincial People's Committees; - Departments of Construction, Industry and Trade, Agriculture and Rural Development, Science and Technology of provinces directly under the Central Government; - Construction Departments of provinces and centrally governed cities; - Gazette; Government Portal; Ministry of Construction Portal; - File: VT, QLN (5b).

DEPUTY MINISTER DEPUTY MINISTER Pham Hong Ha

ANNEX NO. 01

MODEL APPLICATION FOR RENTING PUBLIC SERVICE HOUSING

(Annexed with Circular No. 09/2015/TT-BXD dated December 29, 2015 of the Minister of Construction)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR RENTING PUBLIC SERVICE HOUSING

Respectfully submitted to: ……………………………………..(*)

Name is:ngID number: …………………………………………………………………………………………………..

Year of Birth ………………………………………. Place of Origin ……………………………………………..

Currently renting □ ………………………………….. Industry code: …../ ……/…….. in …………………

4. Loss …………………………………………………………………………………………

Currently staying at guest house           Currently staying with others   □        at the Treasury:  □

Currently working at: …………………………………………………………………………………

Position: …………………………………………Position allowance: ………………………………..

Email/Website: ………………………………………… Email …………………………………………..

At present, I do not have housing (do not own housing, have not purchased or rented social housing) at my place of work. I hereby apply to the agency

to consider allowing me to rent public service housing and pledge to comply fully with all regulations of the State on renting and using public service housing (Number of family members living together is: …….. people). Enclosed with this application is a copy of Decision No. ...regarding …………appointment or transfer of duty.

I certify that the information provided in this application is true and accurate and accept responsibility for it before the law. ……… dated …./…./…. of Confirmation of the agency managing the person applying

to rent public service housing (about the current housing situation in the locality

where they will be working) reason Applicant (Sign and stamp) (*) Note the name of the representative agency owning public service housing as stipulated in Article 5 of Circular No. 09/2015/TT-BXD dated December 29, 2015, issued by the Minister

……….on ….. the ….. year….. of Construction. MODEL POWER OF ATTORNEY FOR MANAGEMENT, OPERATION, MAINTENANCE AND RENTAL OF PUBLIC SERVICE HOUSINGANNEX I.A[31] clear name)

Note:

(Annexed with Circular No. 09/2015/TT-BXD dated December 29,Deputy ministers of ministerial-level agencies, 20151REPRESENTATIVEưởAUTHORIZED

APPENDIX NO. 02

DEPARTMENT

BENEFIT 12, 2015 of the Minister of Construction)

CNOCV MANAGING DEPARTMENT NOCV GIẤY ĐỀ NGHỊ GIẢI NGÂN VỐNPOWER OF ATTORNEY FOR MANAGEMENT, OPERATION, MAINTENANCE AND RENTAL HOF PUBLIC SERVICE HOUSING CONTRACT: CNOCV /CONTRACT- -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
	…………on …. the …. year 20…..

Pursuant to the Civil Code No. 33/2005/QH11 dated June 14, 2005;
Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of the Law on Housing;Estonia,
Pursuant to Circular No. 09/2015/TT-BXD dated December 29, 2015, issued by the Minister of Construction guiding the management and use of public service housing;

(SNo. /DECISION-BXD dated...month...year 201...of (Representative       /201     agency of the owner of public service housing) approving the management and operation unit of public service housing;…….)

/DECISION-...dated...month...year 201...of (Representative

Pursuant to the Law on Housing No. 65/2014/QH13 dated November 25, 2014;

agency of the owner of public service housing) approving the rental price of public service housing;

WHEREAS, Decree No. 46/2015/NĐ-CP dated May 12, 2015 of the Government on quality management and maintenance of construction works;

Pursuant to Decision No. 27/2015/QĐ-TTg dated July 10, 2015 of the Prime Minister on public housing standards;

Based on the needs and capabilities of both parties.

Pursuant to Decision No. ......The authorizing party (hereinafter referred to as Party A): Name of the public service housing management agency

Pursuant to Decision No. ........- ID number: - Representing:

- Agency address:

We include:

- Bank account number:ên Aat Treasury:

- Mr./Ms.: ……………………………………….. Position: …………………………………

The authorized party (hereinafter referred to as Party B): Management and operation unit of public service housing ……………………………… Industry code: …../…./…., in ……………………….

(Mr./Ms.): ……………………………………………………………………………………

bank account: ………………………………………………………………………………….

- Website: ……………………………….;        2. Intellectual Property Rights Owner: …………………………………

Party A authorizes and Party B agrees to accept the authorization with the following contents: …………………………. The authorized party (hereinafter referred to as Party B): Management unit ………………………………………….

(Mr./Ms.): laccount number:

- OParty A authorizes and Party B agrees to accept the authorization with the following contents: ……………………………….……………. Position: ……………………………..

The authorized party (hereinafter referred to as Party B): Management and operation unit of public service housing ………………………………… Industry code: …../…./….., in ……………………….

(Mr./Ms.): ………………………………………………………………………………………

bank account: ……………………………………………………………………………………..

- Email/Website: ……………………………;          2. Intellectual Property Rights Owner: …………………………………………..

- The Office of Legal Document Supervision (Ministry of Justice);No. Pro …………………………….The authorized party (hereinafter referred to as Party B): Management unit……………………………………….

- Tax code: …………………………………………………………………………………….

ng service.

Article 1. Content and Duration of the Power of Attorney Contract

1. tural operation of public housingANNEX I.A[31] Content of the contract: Party A authorizes Party B to manage, operate, maintain, and lease public housing units. (specify location, scope of management, operation, maintenance, and leasing of public housing units authorized).

2. Duration of the contract (maximum not exceeding 5 years): From the date …/…/20…to the date…./…./20...

3. Extension of the contract

When the contract expires, Party A continues to authorize Party B to enter into this contract with the following conditions:

- Both parties have the need to sign another contract.

- Party B has fulfilled the contents, obligations, and responsibilities stipulated in this contract.

Article 2. Rights and Responsibilities of Party A

1. Rights of Party A:

a) Monitor, inspect, and request Party B to implement the contents of this power of attorney contract; request Party B to report periodically every six months on revenue, management and operation costs, maintenance, and leasing of public housing units;

b) Examine, approve the budget and final accounts of management and operation costs, maintenance, and leasing of public housing units prepared by Party B; approve additional funding for Party B in cases where income from the aforementioned activities is insufficient; in cases where there is surplus funding, Party A allows Party B to use this funding for management and operation, maintenance of public housing units in subsequent years according to laws on housing;

c) Party A enjoys indirect management costs in the actual revenue Party B receives from leasing public housing units at approved rental rates;

d) Examine, inspect, and approve the content of the public housing unit lease contracts that Party A authorizes Party B to establish.

2. Responsibilities of Party A:

a) Provide Party B with the decision on allocating tenants of public housing units by the representative authority of public housing units and the accompanying list;

b) Monitor, supervise, and implement the contents of the power of attorney contract; create favorable conditions for Party B to complete the entrusted tasks;

c) Hand over completion drawings and related files for management, operation, maintenance, and leasing of public housing units to Party B;

d) Guide the registration of activities for sports clubs, grassroots physical education and sports facilities, and cheerleading clubs.nationalCoordinate with Party B to handle procedures for electricity, water supply, and other services (if any) for public housing tenants and for common areas within the public housing units;

d) Coordinate with local authorities to promptly resolve any issues arising in connection with the management and use of public housing units;ngng (Mr./Ms.):

Article 3. Rights and Responsibilities of Party B

1. Rights and Authorities of Party B

a) Party B is authorized by Party A to conclude contracts with tenants and collect monthly rent for public housing units at theANNEX I.A[31]rental rate for public housing units is ……VND/m² usage/month (as prescribed in Decision No. …../QĐ-…on…/.../201... of the Representative Authority of Public Housing Units approving the rental rate for public housing units) to cover management and operation, maintenance, and leasing of public housing units; Request tenants to pay full rent for public housing units and on time as committed. Notify Party A, the tenant management authority, and request the tenant management authority to deduct wages from tenants who fail to pay rent for three consecutive months;Prepare annual budgets for management and operation, maintenance, and leasing of public housing units and report to Party A for review and approval; Require tenants to use public housing units for their intended purpose and comply with regulations on managing and using leased housing; cooperate with relevant agencies in handling violations related to housing management;

b) d) Require tenants to be responsible for repairing damages caused by their fault and compensate for losses (if any);

c) Recover and require tenants to return the house in cases where public housing units are subject to recovery according to the decision of the competent authority and in cases where either party unilaterally terminates the contract as stipulated;

d) g) Unilaterally terminate the public housing lease contract if the public housing unit is recovered according to regulations.

Responsibilities of Party B

e) Fully implement the contents of the authorization as stipulated in Article 1 of this contract. Based on the decision on allocating public housing units for lease by the representative authority of public housing units and the accompanying list, Party B concludes lease contracts for public housing units and collects rent at the approved rental rates;

Draft the Public Housing Lease Contract for Party A's review and approval; draft the Management Regulations for Public Housing Units and guide tenants, organizations, and individuals to implement them;ngGuide tenants to sign service contracts (such as electricity, water, gas supply, postal and telecommunications, television services, etc.);

2. Manage the maintenance and upkeep of public housing units and accompanying equipment for public housing units prepared for lease;

a) d) Monitor, inspect, and promptly address any damage or technical issues occurring in public housing units; in Coordinate with local functional agencies to handle registration procedures for tenants' residence according to regulations, ensuring security and order for leased public housing units.

b) Prepare the Public Housing Rental Contract for Party A to review and approve; draft the Internal Regulations for the Management and Use of Public Housing and guide the tenant, related organizations, and individuals to implement them;

c) Guide the tenant to sign service contracts (such as electricity, water supply, gas supply, postal and telecommunications services, television...);

d) Manage the maintenance and repair of public housing and accompanying equipment for public housing prepared for rental;

d) Monitor, inspect, and promptly address any damage or technical issues arising in public housing;

e) Coordinate with local functional agencies to handle residence registration procedures for tenants in accordance with regulations, ensuring security and public order for rented public housing.

Article 4. Termination of the Contract

Either Party has the right to unilaterally terminate this Power of Attorney Contract when the other Party breaches the terms of the Contract without being able to remedy it or in the case where Party B is no longer allowed to manage and operate the public service housing.

Article 5. Force Majeure Events:

Force majeure events are objective occurrences beyond the control of the Parties such as earthquakes, typhoons, floods, whirlwinds, landslides, fires, wars, or the threat of war, and other unforeseeable disasters. The failure of one Party to fulfill its obligations under this Contract due to force majeure events shall not be grounds for the other Party to terminate the Contract.

Article 6. General Provisions

1. Both Parties commit to strictly and fully implement the terms stipulated in the Contract and its attached appendices, creating favorable conditions for the Contract to be completed and ensuring quality.

2. In the event of disputes regarding this Contract, the two Parties shall have the responsibility to discuss and resolve them together. If the two Parties cannot resolve the dispute, they have the right to initiate litigation at the court as prescribed by law.ANNEX I.A[31]This Contract becomes effective from the date of signing and ceases to be effective after both Parties have settled the Contract.

3. This Contract is established in four (4) copies in Vietnamese with equal legal value, each Party holding two (2) copies.

4. (Signature, stamp, and clearly write the full name and position of the signatory)

REPRESENTATIVE OF PARTY A (Signature, stamp, and clearly write the full name and position of the signatory) ANNEX NUMBER 03

REPRESENTATIVE OF PARTY B MODEL HOUSING LEASE CONTRACTintention)

 

Decision No. 5/2015/TT-BXD dated December 29, 2015

, dated

(Issued together with CircularNo. 09/201HOUSING LEASE CONTRACT of the Minister of Construction)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

……………..FOR PUBLIC SERVICE HOUSINGtoy ….. the …. year ……

/CONTRACTPursuant to the Civil Code dated June 14, 2005;Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of the Law on Housing; Pursuant to Circular No. .../2015/TT-BXD dated

Number ………month ... year 2015 of

the Minister of Construction guiding the management and use of public service housing;

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

of (the representative agency

Pursuant to Decision No. 27/2015/QĐ-TTg dated July 10, 2015 of the Prime Minister on public housing standards;

of the owner of public service housing) …. concerning the arrangement for leasing public service housing; Pursuant to the application for leasing public service housing of Mr./Mrs.:

Pursuant to Decision No. …. dated…. the ….year ….. We, the Parties, include: THE LESSOR OF PUBLIC SERVICE HOUSING (hereinafter referred to as the Lessor): ….. THE LESSEE OF PUBLIC SERVICE HOUSING (hereinafter referred to as the Lessee):

, located at …………………….;

Fax (if any):

- Place of work: The Parties agree to conclude a lease contract for public service housing for residential and living purposes with the following contents:

- Mr./Ms.: ………………………………………. Position: ………………………………….

The authorized party (hereinafter referred to as Party B): Management and operation unit of public service housing …………………………………….. Industry code: …./ …./ …., in ……………….

(Mr./Ms.): …………………………………………………………………………………

bank account: ……………………………………………………………………………..

- Website: ……………………………………. 2. Intellectual Property Rights Owner: ………………………………………

Party A authorizes and Party B agrees to accept the authorization with the following contents: …………………………………. The authorized party (hereinafter referred to as Party B): Management unit …………………………….

Article 1. Main Features of the Leased Housing

- Mr./Ms.: …………………………………….. Position: ………………………………

The authorized party (hereinafter referred to as Party B): Management and operation unit of public service housing …………………………………… Industry code: ……/ …./ ……1. Type of Housing ………..

- Website: ……………………………………… (villa; apartment, low-rise house, single-story multi-room house) ……………………….

Address of the housing: …………………………………………………………………………………

Total usable area of the housing is

, of which the main area

, and the auxiliary area is: Accompanying equipment with the housing: …………… …………………………………………………………

2. Article 2. Rent Price and Payment Method, Term ………………………………………………………………………………………….

3. The rent price for public service housing is ………………. m²This rent price includes operating costs, maintenance, and management fees for public service housing and VAT at 10%. are ………m²The Lessee shall bear the costs of electricity, water, telephone, internet, parking, and other services provided by the service providers. These costs are not included in the rental price specified in Clause 1 of this Article. ………..m².

4. The rent price for housing will be reviewed and adjusted when the State changes the pricing framework or the rent price for public service housing. If there is a change in the management and operation cost (management service fee) issued by the Provincial People's Committee, the rent price for housing will also be adjusted accordingly. ……………………………………………………………………

The Lessor is responsible for notifying the new price to the Lessee at least three months before its application.

1. Monthly rent is: ………....................................…… VND/m³²/month

(In words: ……………………………………………………………………………………………….).

a) VND (in words:

b) The rent for housing is calculated based on the rent price specified in Clause 1 of this Article multiplied by the usable floor area of the leased (apartment) house.

2. Payment method: The Lessee pays the Lessor by (cash

or bank transfer)

3. Payment term: The Lessee pays the rent within the period ………from the ………………………………………………).

of each month (starting from the first month).eat) rented house.

4. Payment method: The tenant pays the lessor in cash or bank transfer ………………………………………………………………………………….

5. Payment period: The tenant pays rent within the period from day ……. of amendments to Annex ……… of each month (starting from the first month).

Article 3. Time of handover of housing and lease termANNEX I.A[31]The time of handover of housing is the day in

1. The lease term for official housing is …… the …. year ……..

2. years ( …. months)….. , starting from1In case the contract expires but the Lessee still belongs to the eligible category and meets the conditions to lease official housing, the parties shall agree to dated ….. the ….. year …… of amendments to Annex …. the …. year ……

extend thedevelopment tenancy agreement on official housing.policiesArticle 4. Rights and Obligations of the Lessornational5. The list, format, explanation of content, and method for preparing accounting books are specified in Appendix No. 03 "Accounting Book System" issued along with this Circular.ồRights of the Lessor:

Signing the lease contract for official housing with the correct target and conditions as prescribed. Requesting the Lessee to use the house for its intended purpose and comply with all regulations on managing and using official housing; coordinating with related units in handling violations of regulations on managing and using official housing;

1. Requesting the Lessee to pay the full rent according to the agreed deadline.

a) (In case the Lessee is an eligible person to lease official housing but fails to pay rent for three consecutive months, the Lessor hasngthe right to request the management agency of the tenant to deduct from their salary to pay the rent);

b) Requesting the Lessee to be responsible for repairing damage and compensating losses caused by the Lessee's fault;

Unilaterally terminating the contract if the Lessee uses the housing for purposes other than those intended or fails to fulfill their obligations, leading to the competent authority's decision to recover the official housing after being notified in writing by the Lessor according to regulations;shall d) Requesting the Lessee to return the house in cases of termination of the official housing lease contract as stipulated in Article 6 of this Contract; lOperating rental business for the area of the house and construction works attached to the official housing (if any) to offset the costs of managing and operating official housing at the request of the official housing management agency.

c) Obligations of the Lessor:

d) Delivering the house to the Lessee according to the time specified in Clause 1, Article 3 of this Contract; collecting the full rent for official housing and using it for its intended purpose;

Establishing the Internal Regulations for Managing and Using Official Housing attached to this Contract and guiding the Lessee on regulations regarding managing and using official housing;

e) Ensuring the Lessee's right to use the house in accordance with laws on housing;ướCoordinating with local functional agencies to ensure security and public order for the official housing provided to the Lessee;

2. Repairing damages not caused by the Lessee's fault; implementing management, operation, maintenance, and rental management of official housing in accordance with laws on housing and construction;

a) Guiding the Lessee to sign service contracts with service providers and assist in registering residence for the Lessee according to regulations.

b) Article 5. Rights and Obligations of the LesseeướRights of the Lessee: Receiving the house according to the time specified in Clause 1, Article 3 of this Contract; being able to use the official housing for themselves and family members;

c) Requesting the Lessor to promptly repair damages to the house that are not caused by the Lessee's fault;

d) Being allocated another house in case the currently leased official housing needs renovation or reconstruction;

Continuing to lease if they still belong to the eligible category and meet the conditions to lease official housing;ngd) Unilaterally terminating the contract if the Lessor does not perform or performs incompletely their responsibilities towards the Lessee.

e) Obligations of the Lessee:

Using official housing for its intended purpose; being responsible for repairing damage and compensating losses caused by themselves;

1. Paying the full rent to the Lessor according to the deadline specified in the Contract

a) Adhering to all provisions in the Internal Regulations for Using Official Housing and regulations on maintaining environmental hygiene and public order in the residential area; complying with regulations on registering residence for themselves and family members when moving into official housing;

b) Requirements in this section apply to DVB-T2 signals at all possible RF modes as in 2.4.3.ầNot transferring, assigning, subleasing, or allowing others to reside in or borrow the official housing under any form; not making unauthorized renovations or repairs to the official housing (except minor repairs mentioned in Point d, Clause of this Article and repairs to damage caused by themselves) and compensating for losses if they lose any equipment attached to the rented housing;

c) d) Repairing minor damages to the official housing, equipment, and replacing common, inexpensive equipment attached to the rented housing;

d) Returning the leased official housing in cases of contract termination as stipulated in Article 6 of this Contract; complying with decisions on recovering official housing made by the competent authority.

d) Unilaterally terminate the contract in case the lessor fails to fulfill or fully fulfill their responsibilities towards the tenant.

2. Obligations of the Tenant:

a) Use public housing for the intended purpose; be responsible for repairing any damage caused by themselves and compensate for any losses incurred;

b) Pay full rent to the lessor according to the time stipulated in the Contract from state budget funds under its management. Appropriate disciplinary measures shall be taken against individuals and units seriously violating the implementation of management, payment, and use of project management costs.

c) Adhere to all provisions in the Internal Regulations for the Use of Public Housing and regulations regarding environmental hygiene and public order in the residential area; comply with legal regulations on residence registration for themselves and family members when moving into public housing;ngNot to convert, transfer, sublet, allow others to live temporarily, or lend public housing in any form; not to make unauthorized renovations or repairs to public housing (except minor repairs mentioned in Point d Clause of this Article and repairs to damage caused by themselves) and compensate for losses if they lose any accompanying equipment;

d) d) Repair minor damages to public housing, equipment, and replace common, inexpensive items attached to the rented housing;

Return the rented public housing upon termination of the Public Housing Rental Contract as stipulated in Article 6 of this Contract; comply with decisions on the recovery of public housing by competent authorities.

e) Total rent (VND For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;/month)

Article 6. Termination of the housing rental contract for official useứThe termination of the housing rental contract for official use shall be carried out when any of the following circumstances occur:

The rental contract expires;

1. HnationalWhen both parties agree to terminate the rental contract;

2. When the tenant no longer falls within the category eligible to continue renting official-use housing;

3. When the tenant dies; Receiving the house according to the time specified in Clause 1, Article 3 of this Contract; being able to use the official housing for themselves and family members;

4. When the tenant arbitrarily repairs, demolishes the structure, renovates, or extends the official-use housing;

5. When the tenant arbitrarily sublets or allows others to reside or borrow the official-use housing;

6. When the rented official-use housing is severely damaged with a risk of collapse, and the tenant must move out according to the decision of the competent authority, or the rented housing in the area has been decided to have land reclaimed, cleared, or demolished by a competent state agency;

7. When one of the parties unilaterally terminates the rental contract for official-use housing in accordance with the agreement in the Contract or as stipulated by law.

8. All parties commit to implementing all agreed contents in the Contract. In case of disputes or breaches of the contract, the parties shall negotiate to resolve them; if negotiation fails, they shall request the People's Court to settle the matter.

Article 7. Implementation Provisions

1. This Contract takes effect from the date of signing and is established in...copies, each having equal validity, with each party holding...copies3cm TENANT OF OFFICIAL-USE HOUSING

2. OWNER OF OFFICIAL-USE HOUSING./.

(Signature, stamp, and full name, position)  and stamped)intention [5] Write the number of computer/internet access sessions during the service period;

ANNEX NUMBER 04 MODEL DECREE FOR ENFORCEMENT AND RECOVERYshallREPRESENTATIVE AUTHORITY ANNEX NUMBER 03

OWNER OF OFFICIAL-USE HOUSING

/DECISION-

(Issued together with CircularNo. 09/201HOUSING LEASE CONTRACT of the Minister of Construction)

Enforcement and recovery of official-use housing (Head of the representative authority of the owner of official-use housing) -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number:        /DECISION-... on...month……..	…………….on     month    (VND/kWh); ……

Pursuant to …;

regarding the allocation for renting official-use housing at

At the proposal of the official-use housing management authority

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

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

Pursuant to Decision No. 27/2015/QĐ-TTg dated July 10, 2015 of the Prime Minister on public housing standards;

Pursuant to Decision No. …….Enforcement and recovery of the official-use apartment (house) of Mr./Ms. …. year ….. of …… Address: Apartment number ………………..;

Total usable floor area of the official-use housing is ……………………………………..,

DECISION:

Article 1. (Including living room, ………………

Position: ………………………………………

Workplace: …………………………………..

Specifically as follows:

1. kitchen, ……….., in ………………………………

2. bedroom, ……… m² bathroom). ….. Interior furnishings in the official-use apartment (house) in accordance with the lists …… prescribed in Decision number ……. dated.../ …… regarding the allocation for renting official-use housing at

3. (Attached detailed annex) ……/DECISION-... on...month…… Responsibilities of the parties….. /.... of …….. for Return the official-use housing within 30 days from the effective date of this Decision; ………………; Pay related expenses for the enforcement and recovery of the official-use housing; lFully pay rent and services such as internet, cable TV, electricity, water, telephone, and other services;ANNEX I.A[31] Compensate and repair any damages in the official-use apartment and the listed interior furnishings (if any)..

Article 2. The official-use housing management authority is responsible for signing the record to reaccept the official-use apartment (house) for allocation for renting in accordance with regulations.

1. Mr. (Mrs.) ………………….. are responsible for:

a) The management and operation unit is responsible for signing the record to accept, manage, operate, maintain, and manage the leasing of the recovered official-use housing in accordance with regulations.

b) The official-use housing management authority, the management and operation unit of official-use housing, and Mr./Ms. Receiving the house according to the time specified in Clause 1, Article 3 of this Contract; being able to use the official housing for themselves and family members;

c) - Provincial People's Committee... (for organizing enforcement and recovery of official-use housing);

d) (2b).

2. (sign

3. name, stamp, and clearly write full name,

Article 3. This Decision shall take effect from the date of signing.

Article 4. position of the signatory) ……………. are responsible for implementing this Decision./.

Place of Receipt: - As Article 4; ANNEX NUMBER 05 MODEL REPORT FORM FOR DETAIL MANAGEMENT AND USE OF OFFICIAL-USE HOUSING - To be filed: VT, ........ Circular 09/2015/TT-BXD dated December 29, 2015, by the Minister of Construction)

……………….. Type of official-use housing and address Usable area of official-use housingANNEX I.A[31] Name of person renting official-use housing Position, working agency/unit of the ………………………

(*)

tenant

Time allocated according to the contract

(Issued together with CircularNo. Monthly rent

No.	Detached house	Apartment building||| (m2)	Linked house	SOCIALIST REPUBLIC OF VIETNAMPerson preparing the form and clearly write full name,	signature)	Contact:	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)
I	BANNEX I.A[31]REPORTING AUTHORITY
...
II	name
...
III	- Column 3: For detached official-use housing, report additionally about the land area of the detached house;
...
	……..
	TỔ- Column 6: Clearly write the rental period from...month...year to...month...year;

(*) Write the name of the Ministry or Provincial People's Committee reporting. Columns (15) and (16) do not apply to public service organizations. MODEL REPORT FORM FOR COMPREHENSIVE MANAGEMENT AND USE OF OFFICIAL-USE HOUSING I. Data on official-use housing Telephone lType of official-use housing …………………

……., day...month...year... Total number of houses (units) Columns (15) and (16) do not apply to public service organizations. Total usable area of official-use housing and stamp)

Note.:

Total number of tenants (people)June 2024;Total monthly rent (VND)

Difficulties, obstacles, andồrecommendations

Person preparing the formJune 2024;c) Amend and supplement Clause 17 as follows:

(*)

ANNEX NO. 06

Contact phone

(Issued together with CircularNo. Monthly rent

..., day.

No.	month...year...	For detached official-use housing, report additionally about the land area of the detached house;	(*) Write the name of the Ministry, sector, or Provincial People's Committee reporting. (m2)	The rental period is based on the time serving the position according to the decision on transfer or rotation of cadres but not exceeding five years.	estồDifficulties, obstacles, and	Remarks
(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	BANNEX I.A[31]abroad organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.recommendations
2	name
3	- Column 3: For detached official-use housing, report additionally about the land area of the detached house;
	…………..
	TỔ- Column 6: Clearly write the rental period from...month...year to...month...year;

II. Prepared byANNEX I.A[31]Contact phone

..., day.developmentu  and stamped)intention and clearly state name and surname) ...month...year... ………………

For villa-type public housing, additional reports should be made on the land area of the villa;.(*) Note the name of the Ministry, sector, or Provincial People's Committee reporting. Total number of houses (units) (Signature and stamp)

Note: The lease term is based on the duration of holding office according to the decision on job transfer or rotation but shall not exceed five years.June 2024;(*) Note the name of the Ministry, sector, or Provincial People's Committee reporting.

The lease term for housing is based on the duration of the position held according to

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