Decision No. 1127-BXD/QLN Issuing the Regulation on Management and Use of Common Housing in Urban Areas

DECISION

Issuing regulations on management and use of communal housing in urban areas

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 15/CP dated May 2, 1993 of the Government stipulating the tasks, powers, and responsibilities for state management of ministries and agencies at the ministerial level;

Pursuant to Decree No. 60/CP dated July 5, 1994 of the Government on "Ownership of Housing and Right to Use Residential Land in Urban Areas";

After consultation with the General Department of Land Administration.

 

Pursuant to …;

Article 1: Attached hereto are the Regulations on Management and Use of Communal Housing in Urban Areas.

Article 2: These regulations apply to all communal housing in urban areas.

Article 3: People's Committees of provinces and centrally governed cities, ministries, State Committees, and government agencies shall direct subordinate land management agencies to organize the implementation of these regulations.

REGULATIONS

MANAGEMENT AND USE OF COMMUNAL HOUSING IN URBAN AREAS

(Attached to Decision No. 1127-BXD/QLN dated August 16, 1994 of the Minister of Construction)

Chapter 1:

GENERAL PROVISIONS

Article 1: Communal housing refers to housing where multiple households reside together.

Communal housing includes the following forms of ownership:

1. Communal housing under state ownership, including households that have signed lease contracts with the housing management authority;

2. Communal housing under the ownership of political organizations, social organizations, and economic organizations, where households sign lease contracts with the owners;

3. Communal housing under private ownership, which includes:

a. Communal housing owned by a single owner;

b. Communal housing jointly owned by multiple people (co-ownership);

c. Communal housing with multiple owners;

4. Communal housing with multiple forms of ownership, which is housing with two or three of the above forms of ownership.

Article 2: All communal housing must be registered and managed according to the provisions of these regulations.

Article 3: Users of communal housing, whether owners or tenants, must comply with the provisions of these regulations.

Chapter 2:

REGISTRATION OF COMMUNAL HOUSING

Article 4: Communal housing must be registered with the People's Committee of the commune or town where the housing is located.

Article 5: The person responsible for registering communal housing is as follows:

1. For communal housing owned by a single owner, the owner is responsible for registration (Form No. 1 attached to these regulations).

- If the housing is privately owned, the owner registers it.

- If the housing is owned by a political organization, social organization, or economic organization, that organization registers it.

- If the housing is state-owned, the agency or organization assigned the task of managing the housing registers it.

2. For communal housing jointly owned by multiple people, the co-owners are collectively responsible for registration (Form No. 2 attached to these regulations).

3. For communal housing with multiple owners, each owner is responsible for registering the area of housing under their ownership and registering the shared use of the common area of housing and residential land for all households (Form No. 3 attached to these regulations).

In cases where the owner of communal housing has not been clearly identified or is absent, the legitimate manager is responsible for registration. If there is no legitimate manager, the current user is responsible for registration.

Article 6: The boundary of the residential land belonging to communal housing (hereinafter referred to as the boundary of residential land) is determined based on the land allocation decision or the certificate of land use rights issued by the competent authority of the Democratic Republic of Vietnam, the Provisional Revolutionary Government of the Republic of South Vietnam, or the Socialist Republic of Vietnam, or the property certificate issued by the competent authority of the previous regime.

In cases where there are no valid documents regarding residential land as mentioned above, the boundary of residential land is determined as follows:

1. For communal housing (one house or multiple houses) surrounded by a fence, the boundary of residential land is the outer surface of the fence;

2. For communal housing without a surrounding fence, then:

a. If the communal housing is apartment-style, the boundary of residential land is determined according to the construction area of the house;

b. If the communal housing is designed for shared use of ancillary facilities outside the house (bathrooms, toilets, drying yards, kitchens, water tanks...), the boundary of residential land is determined by the housing management agency and the local land administration agency based on the actual condition of the land.

Chapter 3:

USE OF COMMUNAL HOUSING

Article 7: Residents in communal housing, whether owners or tenants of other owners, may use the individual living space and share the common living space, residential land, and shared technical facilities for all households.

Part I concerns the separate area which is a closed apartment or a room within a communal dwelling.

The common area for households includes: flat roof, rooftop, corridors, pathways, kitchen, bathroom inside the house and storage rooms, auxiliary buildings, kitchens, bathrooms within the premises.

Residential land is land for constructing residential buildings, facilities serving living needs, and the surrounding area if any, in accordance with approved planning.

The technical infrastructure system shared by households includes: water supply system, stormwater drainage, sewage system, septic tanks, electricity supply for daily use, telephone, radio broadcasting, lightning protection, firefighting, elevators, etc.

Article 8: All residents in a communal dwelling have the responsibility to maintain and preserve the dwelling and the shared parts well, comply with urban hygiene regulations, fire prevention and extinguishing, public order and social security, and promptly prevent acts of destroying communal dwelling facilities. Specifically:

1. Not arbitrarily perform actions affecting the safety of the building, such as: drilling load-bearing walls, dismantling load-bearing structures, building partition walls on the surface of floor structures, overloading load-bearing structures, digging deep pits near the foundation of the building, etc.

2. Not arbitrarily change the planned structure of the apartment or room in the building, such as: demolishing balconies to expand the apartment area, demolishing auxiliary areas, connecting spaces between apartments, changing toilets, bathtubs, water tanks, etc.

3. Not cause noise, pour wastewater, garbage from upper floors onto lower floors, knock or pound affecting neighboring households, repair auxiliary areas, plumbing systems causing leakage or seepage to the apartment below, etc.

4. Not occupy the shared residential land and building area for personal use.

5. Not construct buildings on communal dwellings or shared residential land without construction permits.

6. Implement general hygiene, public order, and environmental protection regulations, etc.

Article 9: Common areas that have been self-arranged and delineated by each household without disputes shall be used as they currently exist.

Common pathways established in one or more house numbers, whether leading to the front or back, must be respected and maintained by all parties using or owning the houses. Unauthorized opening or closing of pathways, encroachment on common pathways is strictly prohibited.

For constructions without permits on communal dwellings or shared residential land that do not conform to planning, the owners must dismantle them and return the land for its intended common use.

Article 10: The rights and obligations of the owner of the dwelling and the tenant of a communal dwelling are implemented according to Articles 17, 18, 24, and 25 of the Housing Ordinance.

Chapter 4:

MAINTENANCE, REPAIR AND MANAGEMENT OF COMMUNAL DWELLINGS

Article 11: Communal dwellings must be maintained and repaired according to the regular schedule specified in the technical management files for each level and category of housing.

Technical management files are established for the building and kept by the owner. For communal dwellings with multiple owners, the technical management files are kept by a designated owner.

Article 12: The owner of a communal dwelling has the responsibility to maintain and repair their owned part of the dwelling.

For communal dwellings with multiple owners, each owner must be responsible for maintaining and repairing their owned area and jointly with other owners maintain and repair the shared areas. Maintenance and repair costs for shared areas are distributed according to the proportion of each owner's individual area.

The entire cost of repairs is borne by the owner. In case the owner does not carry out repairs, the tenant may undertake repairs according to Article 26 of the Housing Ordinance.

Article 13: Residents in communal dwellings have the obligation to facilitate maintenance and repair work on communal dwellings.

a. In cases where maintenance or repair of common parts or apartments requires temporarily stopping the use of adjacent apartments' infrastructure components or requires conducting work from adjacent apartments, after five days' notice, residents in adjacent apartments must stop using the required components or allow the maintenance personnel to enter their apartments to carry out the work. Repair personnel must ensure the agreed time frame to avoid impacting the living conditions of households.

b. Tenants must arrange temporary accommodation during scheduled major repairs or sudden major repairs of communal dwellings, unless otherwise agreed in the lease contract.

Article 14: External wall whitewashing and painting of communal dwellings must follow unified regulations for the entire building.

Article 15: If communal dwellings are damaged due to the owner's failure to repair, causing property and personal injury to others, the owner must compensate.

Damage caused by users must be repaired by the users themselves. Damage caused by multiple households must be shared among those households.

Article 16: Renovations increasing the area of communal dwellings with multiple owners must be agreed upon in writing by all owners and obtain permission from the competent authority.

Users who are not owners are not permitted to renovate or increase the area under any form, except with written agreement from all owners and obtaining permission from the competent authority.

Article 17: Local land management agencies are responsible for coordinating with district people's committees to strengthen and enhance the management and use of communal dwellings.

Article 18: Households residing in communal dwellings may elect a Self-Management Board or a Building Head (if there are few households) to organize common management tasks including:

1. Establishing internal rules for communal dwellings, passing through meetings of households and urging everyone to comply with these rules;

2. Collecting fees from households, such as: water charges, living expenses, waste collection fees, security assistance funds, disaster relief funds, etc.;

For households renting from other owners, the Self-Management Board can collect rent on behalf of the owner and receive remuneration paid by the owner;

3. Organizing repairs for damages caused by multiple households and distributing costs among them.

4. Organize maintenance and repair of the shared area and technical systems for common housing units and allocate costs among the owners of such common housing units;

5. Mediate disputes between households regarding the management and use of common housing if any, and organize meetings for households to criticize and review individuals who intentionally violate the Common Housing Regulations;

6. Represent households in reflecting concerns and wishes related to the use and management of common housing to land management agencies and local authorities;

Chapter 5:

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 19: Disputes concerning ownership rights over common housing and land use rights within common housing shall be resolved by the People's Court;

Disputes concerning the use of common housing by households that are not owners thereof shall be mediated by the households themselves or by the Management Board of the Housing. If mediation fails, the owner shall resolve the issue based on the signed lease agreement with the households or refer the matter to the court for resolution;

Disputes concerning the renovation, expansion of the area of common housing, and construction on land belonging to such housing shall be resolved by the People's Committee of the district, town, city under provincial administration;

Article 20: Individuals violating regulations on the use, management, repair, and renovation of common housing, illegally occupying common housing, constructing unauthorized structures on land belonging to common housing, or infringing upon ownership rights over housing shall be subject to administrative penalties or criminal prosecution depending on the severity of the violation;

Individuals who abuse their positions, powers, for personal gain or other personal motives, issuing permits for illegal renovations or constructions, or engaging in other acts that violate ownership and use rights over common housing shall be subject to disciplinary action or criminal prosecution depending on the severity of the violation;

In cases where material damage is caused, compensation must be provided;

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 21: This Regulation shall be uniformly applied in all cities nationwide and shall take effect from the date of signing. Previous provisions relating to common housing that conflict with this Regulation shall be abolished;

Article 22: Local land and housing management agencies shall guide the implementation of this Regulation;

Model No. 1

Code number:...

(Recorded by the managing agency);

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

REGISTRATION OF HOUSING AND LAND;

Respectfully submitted to: ............................................................ ............................................................

1. Name of person (or organization) registering: …;

ID number: …date: …;

Permanent residence registration: …City (province): …;

Spouse's name: …;

Spouse's ID number: …date: …;

2. Regarding the land plot: …;

Land plot number: …Map number: …Area: …sqm;

Form of use: Private Shared;

Origin of the land plot (transferred, inherited, granted): …;

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

Address of the house: …;

Total area of use: …sqm. Construction area: …sqm;

Structure: …Number of floors: …;

Origin of the housing: …;

4. Situation of land and housing use: …;

a. Leased (domestic, foreign): …;

b. Pledged: …;

5. Copies of relevant documents concerning the house and land: …;

1)

2)

3)

6. Sketch of the land plot and floor plan of the house (to be carried out by the land and housing management agency);

I hereby certify that the above declarations are true and promise to create every condition for government officials to re-inspect and measure the house and land;

... Date ... Month ... Year ...;

Declaration signer

(If it is an organization, then signed by the Head and stamped);

Form No. 2 Code number:...

(Recorded by the managing agency);

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

REGISTRATION OF HOUSING AND LAND;

Respectfully submitted to: ..............................................

..............................................

1.

  2. Regarding the land plot: …;

Land plot number: …Map number: …Area: …sqm;

Form of use: Private Shared;

Origin of the land plot (transferred, inherited, granted): …;

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

Address of the house: …;

Total area of use: …sqm. Construction area: …sqm;

Structure: …Number of floors: …Origin of the housing: …;

4. Situation of land and housing use: …;

a. Leased (domestic, foreign): …;

b. Pledged: …;

5. Copies of relevant documents concerning the house and land: …;

1.

2.

3.

6. Sketch of the land plot and floor plan of the house (to be carried out by the land and housing management agency);

We hereby certify that the above declarations are true and promise to create every condition for government officials to re-inspect and measure the house and land;

... Date ... Month ... Year ...;

Co-owners sign;

Model No. 3

Construction Standard of Vietnam

(Recorded by the managing agency);

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

REGISTRATION OF HOUSING AND LAND;

Respectfully submitted to: ...

.........................................................

1. Name of person (or organization) registering: …;

................................................................................................................................................................................................................................................................................................................................................................................................................................................................

ID number: …date: …;

Permanent residence registration: …City (province): …;

Spouse's name: …;

Spouse's ID number: …date: …;

2. Regarding the land plot: …;

Land plot number: …Map number: …Area: …sqm;

Form of use: Private Shared;

Origin of the land plot (transferred, inherited, granted): …;

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

Address of the house: …;

Total area of use: …sqm. Construction area: …sqm;

Structure: …Number of floors: …Origin of the housing: …;

4. Situation of land and housing use: …;

a. Leased (domestic, foreign): …;

b. Pledged: …;

5. Copies of relevant documents concerning the house and land: …;

1) .........................................................................................................

2) .........................................................................................................

3) .........................................................................................................

6. Sketch of the land plot and floor plan of the house (to be carried out by the land and housing management agency);

I hereby certify that the above declarations are true and promise to create every condition for government officials to re-inspect and measure the house and land;

... Date ... Month ... Year ...;

Declaration signer

(If it is an organization, then signed by the Head and stamped);

 

Form No. 2 Code number:...

(Recorded by the managing agency);

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

-------------------------------

REGISTRATION OF HOUSING AND LAND;

Respectfully submitted to: ...

..............................................

1.

 

 

2. Regarding the land plot: …;

Land plot number: …Map number: …Area: …sqm;

Form of use: Private Shared;

Origin of the land plot (transferred, inherited, granted): …;

 

---

 

 

---

 

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

Address of the house: …;

Total area of use: …sqm. Construction area: …sqm;

Structure: …Number of floors: …Origin of the housing: …;

4. Situation of land and housing use: …;

a. Leased (domestic, foreign): …;

b. Pledged: …;

5. Copies of relevant documents concerning the house and land: …;

 

---

 

1.

 

---

 

2.

 

---

 

3.

6. Sketch of the land plot and floor plan of the house (to be carried out by the land and housing management agency);

We hereby certify that the above declarations are true and promise to create every condition for government officials to re-inspect and measure the house and land;

... Date ... Month ... Year ...;

Co-owners sign;

 

Model No. 3 Construction Standard of Vietnam

(Recorded by the managing agency);

SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

REGISTRATION OF HOUSING AND LAND;

Respectfully submitted to: ...

.........................................................

1. Name of person (or organization) registering: …;

 

---

 

 

---

 

ID number: …date: …;

Permanent residence registration: …City (province): …;

Spouse's name: …;

Spouse's ID number: …date: …;

2. Regarding the land plot: …;

Land plot number: …Map number: …Area: …sqm;

Form of use: Private Shared;

Origin of the land plot (transferred, inherited, granted): …;

..................................................................................................................

..................................................................................................................

For poor ethnic minority households in place (including Khmer ethnic minorities) who currently do not have housing or have very temporary and dilapidated housing, the principle is: People build themselves, the State supports, and the community helps.

Address of the house: …;

Total area of use: …sqm. Construction area: …sqm;

Structure: …Number of floors: …;

Origin of the housing: …;

4. Situation of land and housing use: …;

a. Leased (domestic, foreign): …;

b. Pledged: …;

5. Copies of relevant documents concerning the house and land: …;

1) .........................................................................................................

2) .........................................................................................................

3) .........................................................................................................

6. Sketch of the land plot and floor plan of the house (to be carried out by the land and housing management agency);

I hereby certify that the above declarations are true and promise to create every condition for government officials to re-inspect and measure the house and land;

... Date ... Month ... Year ...;

Declaration signer

(If it is an organization, then signed by the Head and stamped).