Decree No. 127/2005/ND-CP guides the implementation of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly regarding the handling of specific cases concerning real estate during the implementation of policies on real estate management and socialist transformation before July 1, 1991.

DECREE

Guidelines for implementing Resolution No. 23/2003/QH11 dated November 26, 2003

of the National Assembly and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005

of the Standing Committee of the National Assembly regarding the handling of certain specific cases

concerning real estate during the implementation of policies on real estate management and socialist transformation policies before July 1, 1991

In consideration of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly, Session XI, on real estate managed and allocated for use by the State during the implementation of policies on real estate management and socialist transformation policies before July 1, 1991;

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

In consideration of Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly regarding the handling of certain specific cases concerning real estate during the implementation of policies on real estate management and socialist transformation policies before July 1, 1991;

Considering the proposal of the Minister of Construction,

This Decree guides the implementation of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly, Session XI, on real estate managed and allocated for use by the State during the implementation of policies on real estate management and socialist transformation policies before July 1, 1991 (hereinafter referred to as Resolution No. 23/2003/QH11) and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly regarding the handling of certain specific cases concerning real estate during the implementation of policies on real estate management and socialist transformation policies before July 1, 1991 (hereinafter referred to as Resolution No. 755/2005/NQ-UBTVQH11).

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Provincial People's Committees (hereinafter collectively referred to as Provincial People's Committee) shall be responsible for completing legal procedures to establish full public ownership over types of real estate that the State has managed and allocated for use according to the policies stipulated in Article 2 of Resolution No. 23/2003/QH11 and organizing the implementation of Resolution No. 755/2005/NQ-UBTVQH11 to ensure completion before July 1, 2009.

Article 2. Legal procedures to establish full public ownership over types of real estate that the State has managed and allocated for use according to the policies stipulated in Article 2 of Resolution No. 23/2003/QH11, Clause 2, Article 5, Article 6, and Clause 2, Article 7 of Resolution No. 755/2005/NQ-UBTVQH11 shall be carried out as follows:

Chapter II

SPECIFIC PROVISIONS

Article 3. 1. The Provincial People's Committee shall direct competent agencies to conduct statistics, reviews, and compile lists of types of real estate within the scope requiring completion of legal procedures to establish full public ownership on their respective territories and submit to the Chairman of the Provincial People's Committee for decisions establishing full public ownership over these types of real estate.

2. Based on the current status and purpose of use of real estate for which the State has established full public ownership as stipulated in Clause 1 of this Article, the Provincial People's Committee shall assign the management of the housing fund according to the following provisions:

a) For areas of real estate currently being used for residential purposes, they shall be assigned to state enterprises with the function of managing the housing fund under state ownership of the locality according to current regulations on the management of real estate under state ownership. If these areas of real estate are not included in the planning for residential use, they must be cleared and compensation provided according to current regulations on compensation, support, and resettlement when the State recovers land.

b) For areas of real estate currently managed and used by agencies and organizations (except in the case stipulated in point c of this clause) for non-residential purposes, they shall be assigned to those agencies and organizations for management and use according to regulations on the management of real estate under state ownership.

In the event that agencies and organizations are leasing this housing fund, the Provincial People's Committee shall be responsible for recovering it to assign to state enterprises with the function of managing the housing fund under state ownership of the locality for management and use according to regulations on the management of real estate under state ownership.

In the case where enterprises without the function of managing the housing fund under state ownership are managing and using this area of real estate, based on the standard price of newly constructed similar housing and the land price set by the Provincial People's Committee according to the government's pricing framework, the value of the real estate shall be determined as the basis for capital allocation to these enterprises. The use of land by enterprises in this case shall be carried out according to the laws on land.

In the event that enterprises stipulated in this provision use the real estate for purposes other than those assigned or lease it to other organizations or individuals, the Provincial People's Committee shall be responsible for recovering it and assigning it to state enterprises with the function of managing the housing fund under state ownership of the locality for management according to current regulations on the management of real estate under state ownership.

For areas of real estate that fall within the scope requiring clearance for investment projects approved by competent state authorities, they shall be assigned to project investors for implementation according to the law. In the absence of an investor, they shall be assigned to local development funds for management according to the law.

For real estate that falls within the scope of implementing policies stipulated in Article 2 of Resolution No. 23/2003/QH11 but for which the State had not issued management documents or allocated use by the time Resolution No. 755/2005/NQ-UBTVQH11 came into effect, the State will no longer implement management according to previous policies. Recognition of ownership rights to houses and land use rights shall be carried out as follows:

Article 4. 1. In cases where the person directly using the real estate is the owner, they must have valid documents proving ownership of the real estate as the basis for the competent authority to issue certificates of house ownership and land use rights. If the person directly using the real estate is not named in the ownership documents, they must also provide documents on the sale, gift, exchange, or inheritance of the real estate.

1. In the case where the person directly using the real estate is the owner, there must be valid documents proving ownership of such real estate as the basis for the competent authority to issue a certificate of ownership of the house and a certificate of land use rights. If the person directly using the real estate is not named in the ownership documents, they must also provide documents regarding the purchase, gift, exchange, or inheritance of such real estate.

2. In case the person directly using the real estate does not have the documents specified in Clause 1 of this Article, they must have confirmation from the People's Committee of the commune, ward, town (hereinafter referred to collectively as the People's Committee of the commune) regarding the absence of disputes over ownership and compliance with planning for areas that have detailed planning approved by the competent authority before being granted certificates of house ownership and land use rights by the competent authority.

In cases of ownership disputes, issuance of certificates of house ownership and land use rights shall only be carried out after resolving such disputes.

3. In cases where the real estate is related to overseas Vietnamese, the resolution shall be implemented according to the Resolution of the Standing Committee of the National Assembly on civil transactions concerning housing with foreign elements established before July 1, 1991.

4. In cases where the real estate specified in this Article falls within the scope of compulsory relocation pursuant to a decision of a competent state agency, the person recognized as the owner shall be compensated according to current regulations on compensation, support, and resettlement when the State reclaims land.

Article 5. For real estate which the State has management documents but in reality, the State has not managed or allocated for use according to Article 5 of Resolution No. 755/2005/NQ-UBTVQH11, the following shall apply:

1. In cases where the person directly using the real estate is the owner, they must have proof of ownership of the house at the time the State issued management documents as the basis for the competent state agency to issue certificates of house ownership and land use rights for the real estate.

2. In cases where the person directly using the real estate has already been granted certificates of house ownership and land use rights by the competent state agency, there is no need to reissue these certificates. The owner may exercise their rights and obligations as the owner of the house and land user according to the law.

3. In cases where the person directly using the real estate has proof of legitimate purchase, exchange, or gift and the real estate currently has no ownership disputes, the competent state agency shall issue certificates of house ownership and land use rights.

4. In cases where the person directly using the real estate is a legitimate heir, they must have a valid will, division record of inheritance, or a court judgment that has taken legal effect.

5. In cases where the person directly using the real estate is a legally authorized manager according to the law at the time of authorization, the provisions of Clause 1 and Clause 2 of Article 10 of Resolution No. 58/1998/NQ-UBTVQH10 of the Standing Committee of the National Assembly on civil transactions concerning housing established before July 1, 1991, shall be applied to resolve the matter.

In cases where the person directly using the real estate specified in this clause is an unauthorized manager or has no authorization to manage, the provisions of Clause 3 of Article 10 of Resolution No. 58/1998/NQ-UBTVQH10 shall be applied to resolve the matter.

6. In cases where the real estate specified in this Article falls within the scope of compulsory relocation pursuant to a decision of a competent state agency, the person recognized as the owner shall be compensated according to current regulations on compensation, support, and resettlement when the State reclaims land.

7. In cases where the person directly using the real estate does not fall under the provisions of Clauses 1, 2, 3, 4, and 5 of this Article, the provisions of Clause 2 of Article 5 of Resolution No. 755/2005/NQ-UBTVQH11 shall be applied to establish full public ownership of the real estate. The legal procedures for establishing full public ownership of the real estate specified in this clause shall be carried out according to the provisions of Article 3 of this Decree.

Article 6. For real estate which the State has purchased compulsorily but has not yet paid the money or has paid part of it according to Article 6 of Resolution No. 755/2005/NQ-UBTVQH11, the Provincial People's Committee shall direct the competent agency to implement payment according to the following provisions:

1. Compare the payment application file with the original file on compulsory purchase but unpaid or partially paid to determine specifically the objects eligible for payment and the area of the house when the State compulsorily purchased it.

2. Assess the value of the house based on the principle of taking the new construction price of a second-grade house, if it is a villa, take the new construction price of a second-grade villa prescribed by the Provincial People's Committee at the time of payment multiplied by the usable area of the house when the State compulsorily purchased it to calculate the payment amount as the basis for payment.

In cases where the State has partially paid, the remaining amount shall also be paid to the owner or the legitimate heir of the owner according to the principle of taking the new construction price of a second-grade house, if it is a villa, take the new construction price of a second-grade villa prescribed by the Provincial People's Committee at the time of payment multiplied by the usable area of the house when the State compulsorily purchased it minus the percentage of the amount previously paid by the State. The value of the land use right shall not be included in the price for payment as stipulated in this clause.

3. Prepare a list of each object eligible for payment, specifying the usable area of the house when the State compulsorily purchased it, the amount to be paid for each case, and submit it to the Chairman of the Provincial People's Committee for consideration and issuance of a payment decision. In the payment decision of the Chairman of the Provincial People's Committee, the name of the person to be paid, the amount to be paid, the payment deadline, and the responsible payment agency must be clearly stated.

4. Organize payment strictly in accordance with the provisions of Resolution No. 755/2005/NQ-UBTVQH11 and this Decree.

5. In cases where the locality does not have sufficient funds to pay, the Provincial People's Committee must prepare a detailed report explaining the situation along with a list of objects eligible for payment and the shortfall in funds to send to the Ministry of Construction and the Ministry of Finance for consolidation and submission to the Prime Minister for consideration and decision.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Construction to provide specific guidance on the payment provisions in this Article.

Article 7. For houses that have been requisitioned for a limited period by the State from households and individuals as stipulated in Clause 1, Article 7 of Resolution No. 755/2005/NQ-UBTVQH11, the Provincial People's Committee shall implement:

1. Verify the original file on the house that has been requisitioned by the State, the duration of the requisition recorded in the requisition document, and determine whether the owner does not fall within the scope of policies prescribed in Article 2 of Resolution No. 23/2003/QH11.

2. Inspect the current status of the house that has been requisitioned for a limited period. If the land and house do not fall within the scope to be returned according to Clause 1, Article 7 of Resolution No. 755/2005/NQ-UBTVQH11, it must notify the parties concerned of the reasons. If the house falls within the scope to be returned but does not belong to any of the cases specified in Article 9 of Resolution No. 755/2005/NQ-UBTVQH11, the Chairman of the Provincial People's Committee shall issue a decision to return the house to the owner.

In the decision to return the house, the name of the person receiving the house, the area of the house being returned, the time for returning the house, and the agency responsible for transferring the house must be clearly stated.

3. In the case where the house falls within the scope to be returned but the house belongs to one of the cases specified in Article 9 of Resolution No. 755/2005/NQ-UBTVQH11, direct the competent agency to develop a compensation plan according to the current regulations on compensation, support, and resettlement when the State recovers land, to submit to the Chairman of the Provincial People's Committee for a decision on compensation, except in cases where the parties have agreed otherwise.

In the case of compensation in cash, implement payment according to the provisions of Article 14 of Resolution No. 755/2005/NQ-UBTVQH11; in the case of compensation with another house or allocation of another residential land, implement the transfer of the house or residential land according to the procedures and formalities for compensation, support, and resettlement when the State recovers land.

4. In the case where the house that has been requisitioned for a limited period is currently used by central agencies as office space, the Provincial People's Committee must coordinate with these agencies to prepare a detailed report on the objects eligible for compensation and the amount of compensation to be paid, to be submitted to the Ministry of Construction and the Ministry of Finance for consolidation and reporting to the Prime Minister for consideration and decision. The agencies currently using this housing fund have the responsibility to coordinate with the Provincial People's Committee to prepare reports to be submitted to the Ministry of Construction and the Ministry of Finance.

Based on the Prime Minister's decision, the Ministry of Finance is responsible for providing funds for the Provincial People's Committee to pay compensation to those eligible for compensation.

5. The person receiving the house as stipulated in Clause 1 of this Article, the person compensated with a house, or allocated residential land as stipulated in Clause 3 of this Article must complete the necessary procedures to obtain the certificate of ownership of the house and the certificate of land use rights for the house and land from the competent state authorities according to the law.

Article 8. Regarding the area of land and house left behind as stipulated in Article 8 of Resolution No. 755/2005/NQ-UBTVQH11, it shall be handled as follows:

1. In the case where the person directly using the land and house has proof documents confirming the legitimacy of their use of the area of land and house left behind for residential purposes, they shall be granted certificates of ownership of the house and land use rights according to the law by the competent state authorities.

2. In the case where the land and house are related to overseas Vietnamese, the resolution shall be implemented according to the Resolution of the Standing Committee of the National Assembly regarding civil transactions concerning residential property with foreign elements established before July 1, 1991.

3. In the case where the land and house fall within the scope stipulated in Article 9 of Resolution No. 755/2005/NQ-UBTVQH11, the person recognized as the owner shall be compensated according to the provisions of Clauses 3 and 5 of Article 7 of this Decree.

Article 9. The facilitation and support for improving housing conditions for cases where the owners have land and houses managed and arranged for use by the State as stipulated in Article 10 of Resolution No. 755/2005/NQ-UBTVQH11 shall be carried out as follows:

1. The person entitled to facilitation and support for improving housing conditions as stipulated in Article 10 of Resolution No. 755/2005/NQ-UBTVQH11 must be the owner who had land and houses managed and arranged for use under previous housing management and improvement policies and who is permanently residing in the province or city where the State had managed and arranged for use of such land and houses prior to the effective date of Resolution No. 755/2005/NQ-UBTVQH11.

2. Based on the application for support to improve housing conditions, the Provincial People's Committee shall instruct the provincial housing management agency to verify the original file on the State's management and arrangement of land and houses of the applicant and to coordinate with the People's Committee of the commune where the applicant resides to inspect and confirm the actual living conditions of the applicant and compare them with the provisions of Article 10 of Resolution No. 755/2005/NQ-UBTVQH11.

3. The determination of the actual living conditions of the applicant must be based on the house they are directly using at the time of applying for support to improve housing conditions and must meet one of the following conditions:

a) The house that the person specified in Clause 1 of this Article is directly using is rented, borrowed, or staying with someone else who is not a member of their household (this house is not owned individually by the persons specified in Clause 1 of this Article).

b) The house that the person specified in Clause 1 of this Article is directly using is their own house, but the average usable area per person in the household is less than or equal to 6 square meters per person.

The determination of the number of people living together in the household to calculate the average area per person as stipulated herein must be based on the permanent population registered in the household confirmed by the public security agency of the district where the house is located before the effective date of Resolution No. 755/2005/NQ-UBTVQH11.

4. After comparing the actual living conditions of the house with the provisions of Article 10 of Resolution No. 755/2005/NQ-UBTVQH11 and the provisions of this Article, the provincial housing management agency shall compile a list of cases eligible for support to improve housing conditions and propose forms of support to improve housing conditions to be submitted to the Chairman of the Provincial People's Committee for a decision on support.

5. Based on the actual housing situation of the locality, the current housing status of each individual case, and the proposal of the provincial-level competent housing management agency, the Chairman of the Provincial People's Committee shall decide to apply one of the following forms of support:

a) Arranging for them to lease state-owned housing.

b) Allowing them to purchase housing on installment according to the regulations on selling housing to persons being resettled or allowing them to purchase housing according to the regulations of the provincial People's Committee.

Article 10. The establishment of funds for payment as stipulated in Article 11 of Resolution No. 755/2005/NQ-UBTVQH11 shall be carried out as follows:

1. For land and houses managed and used by localities that require payment, the provincial People's Committee shall direct the provincial financial agency to coordinate with the provincial-level competent housing management agency to compile detailed information on each case and prepare a report on the payment fund to submit to the Provincial People's Council for decision. The payment fund specified in this clause shall be sourced from the local budget.

In cases where the locality does not have sufficient funds for payment, the provincial People's Committee must clearly specify the amount of funds requested from the central budget for support, along with a list of cases eligible for payment and the outstanding amount to be paid, to be sent to the Ministry of Construction and the Ministry of Finance for consolidation and reporting. consideration and decision by the Prime Minister.

2. For land and houses managed and used by central agencies that require payment, these agencies must prepare a detailed report on the cases requiring payment and the amounts to be paid, to be sent to the Ministry of Construction and the Ministry of Finance for reporting to the Prime Minister for consideration and decision. Based on the Prime Minister's decision, the Ministry of Finance shall be responsible for providing funds for these agencies to implement payments to those eligible for payment.

3. For land and houses managed and used by social organizations or social-professional organizations that require payment, the funds of these organizations shall be used for payment. In cases where central organizations do not have sufficient funds for payment, they must prepare a detailed report on each case and the outstanding amount to be sent to the Ministry of Construction and the Ministry of Finance for review and consolidation to report to the Prime Minister for consideration and decision on supporting the payment process. For local organizations, a report requesting the Chairman of the Provincial People's Committee to consider and decide shall be prepared.

If the state budget pays, the land and houses will belong to the entire people, and the organizations currently managing and using them must manage and use them according to the regulations on the use of state-owned land and houses.

4. Based on the funding support requests from localities, central agencies, and organizations as stipulated in this Article, the Ministry of Construction and the Ministry of Finance shall be responsible for reviewing, consolidating, and reporting to the Prime Minister for consideration and decision.

5. For cases where the project investor or land development organization implements payment, specific cases eligible for payment according to Resolution No. 755/2005/UBTVQH11 must be clearly identified, and the specific amount of funds required for payment within the total compensation cost for land clearance must be determined and submitted for approval by the competent authority. In cases where there is no land clearance fund, the provincial People's Committee where the investment project is located must advance funds from the local budget to implement payment. This amount will be reimbursed when the land clearance fund becomes available.

6. Agencies and organizations obligated to make payments must carry out payments strictly in accordance with Resolution No. 755/2005/UBTVQH11 and this Decree.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. For types of land and houses subject to adjustment under Resolution No. 755/2005/NQ-UBTVQH11, but on the effective date of Resolution No. 755/2005/NQ-UBTVQH11, decisions on resolution have already been made by the Chairman of the authorized People's Committee, the Heads of Ministries and sectors, or the Prime Minister, the following measures shall be implemented:

1. In cases where land and houses have already had resolution decisions and have been fully resolved in practice, the provisions of Resolution No. 755/2005/NQ-UBTVQH11 and this Decree shall not be applied to resolve again.

2. In cases where land and houses have had resolution decisions but have not yet been implemented in practice, the provisions of Resolution No. 755/2005/NQ-UBTVQH11 and this Decree shall be applied to resolve.

3. In cases where land and houses have been resolved according to court judgments or decisions of the People's Courts at all levels, they shall be implemented according to the guidance of the Supreme People's Court.

Article 12. Responsibilities of relevant Ministries and Sectors:

1. The Ministry of Construction shall be responsible for:

a) Monitor, inspect, and urge the implementation of Resolution No. 23/2003/QH11, Resolution No. 755/2005/NQ-UBTVQH11, and this Decree; report to the Prime Minister to resolve cases arising that are not covered by Resolution No. 755/2005/NQ-UBTVQH11 and this Decree.

b) Guide the model forms for compiling reports requesting funding support as prescribed in this Decree.

c) Coordinate with the Ministry of Finance to inspect and consolidate funding requested by localities and organizations from the central budget for support to be reported to the Prime Minister for approval.

d) Take the lead and coordinate with relevant Ministries and Sectors to guide the implementation of this Decree.

2. The Ministry of Finance shall be responsible for:

a) Take the lead and coordinate with the Ministry of Construction to inspect and consolidate funding requested by localities, central agencies, or organizations from the central budget for support and determine the funding before submitting to the Prime Minister for approval.

b) Guide the use of funding sources for payment to cases eligible for payment according to Resolution No. 755/2005/NQ-UBTVQH11 and this Decree.

Article 13. The provincial People's Committee shall be responsible for:

1. Completing legal procedures to establish full public ownership over types of land and houses that the State has managed and allocated for use but have not completed legal procedures to establish full public ownership.

2. Returning housing to cases that meet the conditions for return, implementing compensation according to regulations for those eligible for compensation, and arranging funds to pay those eligible for payment as stipulated in Resolution No. 755/2005/NQ-UBTVQH11, this Decree, and the guidance of the Ministry of Construction and the Ministry of Finance.

3. Direct the competent agencies to carry out the establishment of ownership rights for houses and land use rights in accordance with the provisions of the law for the cases specified in Resolution No. 755/2005/NQ-UBTVQH11 and this Decree.

4. Develop plans and allocate housing funds to support those cases facing difficulties with housing as stipulated in Resolution No. 755/2005/NQ-UBTVQH11, as provided in this Decree, and in accordance with the specific conditions of the locality.

5. Every six months, prepare a detailed report on the cases and amounts of funds that need to be paid as well as the cases and amounts of funds that have been paid, to be submitted to the Ministry of Construction and the Ministry of Finance for consolidation and reporting to the Prime Minister.

Article 14. This Decree takes effect fifteen days after its publication in the Official Gazette. Abolish previous regulations that are inconsistent with this Decree..

Article 15. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree within their respective functions and duties./.