Circular No. 11/2008/TT-BXD guiding certain contents of Decision No. 17/2008/QĐ-TTg dated January 28, 2008 of the Prime Minister "Regarding the issuance of standard rental prices for state-owned housing that has not been renovated or rebuilt"

CIRCULAR

Guidelines for certain contents of Decision No. 17/2008/QĐ-TTg dated January 28, 2008, of the Prime Minister on the issuance of standard rental prices for state-owned housing that has not been renovated or rebuilt.

WHEREAS, Decree No. 17/2008/NĐ-CP dated February 4, 2008 of the Government stipulates the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Resolution No. 48/2007/NQ-CP dated August 30, 2007, of the Government on adjusting certain main policies regarding the sale of state-owned housing to tenants under Decree No. 61/CP dated July 5, 1994, of the Government and the rental prices for state-owned housing that has not been renovated or rebuilt.

Pursuant to Decision No. 17/2008/QĐ-TTg dated January 28, 2008, of the Prime Minister on the issuance of standard rental prices for state-owned housing that has not been renovated or rebuilt.

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

I. On the adjustment factor for determining the rental price standard

1. The specific rental price for housing in each province is determined based on the standard price stipulated in Article 1 of Decision No. 17/2008/QĐ-TTg dated January 28, 2008, of the Prime Minister, together with the following four groups of factors:

a) Urban level factor (K₁)

b) Location factor within urban areas (K₂)

c) Height factor (K₃)

d) Infrastructure technical condition factor (K₄)

The value of K₁, K₂, K₃ for calculating the maximum allowable values for pollutant parameters in bioethanol production effluent₄ is uniformly defined in Tables 1, 2, 3, and 4 of this Circular as follows:

Table 1: Urban level factor

In which the determination of the type of city is regulated in Decree No. 72/2001/NĐ-CP dated October 5, 2001, of the Government on the classification of cities and urban management levels.

Table 2:Location factor within urban areas (K₂)

Table 3: Height factor (K₃)

For localities using the concept of ground floor, the ground floor is considered as the first floor as defined in this Circular.

- The classification of housing is based on Circular No. 05-BXD/ĐT dated February 9, 1993, of the Ministry of Construction on guiding the method for determining usable area and classifying housing.

Table 4: Infrastructure technical condition factor (K₄)

Main technical infrastructure conditions (attached to housing) for evaluating housing include traffic conditions, hygiene conditions of housing, water supply and drainage systems, specifically:

a) Good technical infrastructure conditions when all three conditions below are met:

- Condition 1: Housing has a road for cars to reach the house directly;

- Condition 2: Has a complete bathroom;

- Condition 3: Has a functioning water supply and drainage system.

b) Average technical infrastructure conditions when only one of the conditions is met or both conditions 2 and 3 are met.

c) Poor technical infrastructure conditions when housing only meets condition 2 or condition 3 or does not meet all three conditions above.

2. Principles for applying the factors

All types of villas and housing grades apply a maximum of no more than the four factors specified above, with (+) indicating an increase and (-) indicating a decrease.

3. Unit rental price per square meter² of usable housing area

4. Monthly rent payable

Specific calculation of monthly housing rent is detailed in the examples attached to this Circular.

II. Certain specific regulations

1. Implementation must ensure the principle of avoiding significant disruption in the management of state-owned housing rental funds; for housing where the lease contract still has a valid term, there is no need to sign a new lease contract, but the housing management agency must inform tenants of the new rental price for continued leasing and payment according to the regulations.

2. For cases where the lease contract has expired, the housing management agency shall enter into a new lease contract with the newly issued rental price for housing by the People's Committee of the province or centrally governed municipality (hereinafter referred to as the provincial People's Committee) applied in the locality.

3. The new rental price for housing shall be applied to calculate the rent for tenants from the date the provincial People's Committee issues the decision on the rental price for state-owned housing in the locality.

III. Implementation organization

1. The provincial People's Committee is responsible for directing the provincial housing management agency to base on the housing factors stipulated in this Circular and actual data of the locality, coordinate with relevant agencies to develop rental price lists for each area within the province or city to submit to the provincial People's Committee for decision and public announcement before implementation, and report to the Ministry of Construction.

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

IV. Effective Date

1. This Circular takes effect 15 days after its publication in the Official Gazette. It abolishes the provisions on the adjustment factor for determining the rental price standard stipulated in Joint Circular No. 1/LBTT dated January 19, 1993, of the Ministry of Construction-Ministry of Finance.

2. During implementation, if any difficulties arise, please report to the provincial People's Committee to guide and resolve them or submit to the Prime Minister for consideration and decision according to authority./.