Circular No. 13/2005/TT-BXD guiding the implementation of Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on issuing certificates of ownership of housing and construction works

CIRCULAR

Guidelines for Implementing Decree No. 95/2005/NĐ-CP dated July 15, 2005

of the Government on Issuing Certificates of Ownership of Housing and Construction Works

construction works

Pursuant to the Government Decree No. 36/2003/NĐ-CP dated April 4, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on Issuing Certificates of Ownership of Housing and Construction Works;

The Ministry of Construction hereby issues guidelines for implementing Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government on Issuing Certificates of Ownership of Housing and Construction Works (hereinafter referred to as Decree No. 95/2005/NĐ-CP) as follows:

I. APPLICATION FORMS IN THE APPLICATION FILE FOR ISSUING CERTIFICATES OF OWNERSHIP OF HOUSING AND CONSTRUCTION WORKS

1. Application form for issuing certificates of ownership for the first time for housing as specified in Appendix No. 01 of this Circular;

2. Application form for issuing certificates of ownership for the first time for construction works as specified in Appendix No. 02 of this Circular;

3. Application form for exchanging, reissuing certificates of ownership and in cases where ownership rights are transferred through purchase, gift, exchange, inheritance, or other forms prescribed by law, and the transferring party already has a certificate of ownership of housing or a certificate of ownership of construction works as specified in Appendix No. 03 of this Circular;

4. Application form for requesting changes to be recorded on issued certificates as specified in Appendix No. 04 of this Circular.

II. DOCUMENTS ON THE ESTABLISHMENT OF HOUSING AND CONSTRUCTION WORKS IN THE APPLICATION FILE FOR ISSUING CERTIFICATES OF OWNERSHIP OF HOUSING AND CONSTRUCTION WORKS

1. Documents on the establishment of housing and construction works applicable to domestic individuals as stipulated in Clause 2, Article 9 of Decree No. 95/2005/NĐ-CP are detailed as follows:

1.1. For housing and construction works established before the effective date of Decree No. 95/2005/NĐ-CP, the following documents must be provided:

a) A copy of the construction permit for housing and construction works if required under the law on construction;

b) Certificate of land use rights or one of the types of land use right documents prescribed in Clauses 1, 2, and 5, Article 50 of the Land Law or listed in the land registration book or land registry for housing and construction works built before the effective date of the Construction Law (July 1, 2004);

c) Contract for the sale of state-owned housing as prescribed in Decree No. 61/CP dated July 5, 1994 of the Government on the sale and business of housing or documents regarding the liquidation or valuation of state-owned housing prior to July 5, 1994;

d) Documents on the allocation of houses of sympathy, charity houses, and solidarity houses;

đ) Documents on the ownership of housing and construction works issued by competent authorities at different periods; documents on land and houses issued by competent authorities at different periods which do not fall within the scope of national ownership established according to Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly "on land managed and allocated by the State during the implementation of policies on land management and socialist transformation before July 1, 1991" and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly "regulating the handling of specific cases concerning land during the implementation of policies on land management and socialist transformation before July 1, 1991";

e) Documents on the sale, gift, exchange, or inheritance of housing and construction works that have been certified by a notary or confirmed by a People's Committee from commune level upwards; court documents or administrative documents of competent authorities resolving ownership disputes over housing and construction works that have legal effect; in cases of purchasing housing from enterprises with the function of selling housing constructed for sale, a sales contract signed by both parties must be provided;

g) In cases where the applicant has one of the documents prescribed in points a, b, c, d, đ, and e of this clause but their name does not match those in the documents, the application for issuance of the certificate must include a confirmation from the People's Committee of the commune regarding the establishment of housing and construction works through purchase, gift, exchange, inheritance, or other forms prescribed by law;

h) In cases where the applicant does not have any of the documents prescribed in points a, b, c, d, đ, and e of this clause, they must provide a document confirming from the People's Committee of the commune that the housing and construction works are free from ownership disputes and were constructed before the implementation of urban development plans or rural community development plans as prescribed by the law on construction;

1.2. For housing and construction works established after the effective date of Decree No. 95/2005/NĐ-CP, the following documents must be provided:

a) For new constructions, a construction permit must be provided. If no construction permit is required under the law on construction, a certificate of land use rights, decision on land allocation, decision on land lease, or land lease contract must be provided;

b) For housing and construction works established through purchase, gift, exchange, inheritance, or other forms prescribed by law, a transaction document as prescribed by law along with the certificate of ownership of housing or construction works of the transferring party must be provided;

c) In cases of purchasing housing from enterprises with the function of selling housing constructed for sale, the enterprise must complete procedures for the competent authority to issue certificates to the buyer. The documents establishing housing in this case include:

- Sales contract for housing signed by both parties;

- Decision approving the project or investment decision or investment permit issued by the competent authority;

- Certificate of land use rights, decision on land allocation, decision on land lease, or land lease contract.

2. Documents (certified copies) regarding the establishment of residential houses and construction works applicable to foreigners and overseas Vietnamese citizens as stipulated in Clause 2, Article 10 of Decree No. 95/2005/NĐ-CP shall be specifically guided as follows:

2.1. Residential houses and construction works established through new investment and construction in accordance with the law must have an investment permit and a land use right certificate or a land lease contract;

2.2. Residential houses and construction works established through purchase, gift receipt, exchange, inheritance, or other forms prescribed by law must have a transaction document in accordance with the law accompanied by a house ownership certificate or a construction work ownership certificate from the transferring party.

3. Documents (certified copies) regarding the establishment of residential houses and construction works applicable to organizations as stipulated in Clause 2, Article 11 of Decree No. 95/2005/NĐ-CP shall be specifically guided as follows:

3.1. Residential houses and construction works established through new investment and construction in accordance with the law must have:

a) A decision approving the project or an investment project decision or an investment permit or a construction permit issued by the competent authority;

b) A land use right certificate or a land lease contract;

In cases where the organization is a business entity with the function of housing business and invests in construction for sale, the enterprise must complete procedures for the competent authority to issue certificates to the buyers according to point c, Clause 1.2 of this section.

3.2. Residential houses and construction works established through purchase, gift receipt, exchange, inheritance, or other forms prescribed by law must have a transaction document in accordance with the law accompanied by a house ownership certificate or a construction work ownership certificate from the transferring party.

4. Certified copies of documents regarding the establishment of residential houses and construction works as prescribed in Part II of this Circular do not need to be notarized or certified. When submitting the application, the applicant must bring the original documents for the receiving agency to compare. In cases where the applicant submits certified copies that have been notarized or certified, they do not need to bring the originals for comparison when submitting the application.

5. When submitting an application for issuance of a certificate, organizations and individuals applying for the certificate must pay the certification fee according to regulations to the receiving agency. The receiving agency must issue a receipt for the payment. If the certificate is not issued, the fee must be refunded to the payer.

III. PROCEDURES FOR ISSUING OWNERSHIP CERTIFICATES OF RESIDENTIAL HOUSES AND CONSTRUCTION WORKS

1. Procedures for issuing initial, replacement, and reissuance of ownership certificates of residential houses and construction works and confirmation of changes on the certificate shall be carried out in accordance with Decree No. 95/2005/NĐ-CP.

2. Procedures for issuing ownership certificates of residential houses and construction works due to purchase, gift receipt, exchange, inheritance, or other forms prescribed by law shall be carried out as follows:

2.1. Organizations and individuals who acquire ownership rights must submit an application for issuance of the certificate along with the corresponding transaction document in accordance with the law, the ownership certificate of the residential house or construction work, and pay the fee for replacing the certificate according to regulations to the People's Committee of the district if it is an individual, or to the Department of Construction if it is an organization. The receiving agency must issue a receipt for the application and a receipt for the certification fee;

2.2. Within 15 working days from the date of receiving all necessary documents, the People's Committee of the province (Department of Construction in cases authorized to sign the certificate) or the People's Committee of the district must issue a new ownership certificate to the owner.

3. In cases where the owner of a residential house has already been issued an ownership certificate of the residential house and land use right certificate according to Decree No. 60/CP dated July 5, 1994 of the Government and transfers the ownership rights, the Department of Construction if it is an organization, or the People's Committee of the district if it is an individual, must confirm the change of ownership on page 3 of the certificate.

In cases where the owner requests to replace the ownership certificate of the residential house and land use right certificate issued according to Decree No. 60/CP dated July 5, 1994 of the Government with a new ownership certificate of the residential house according to Decree No. 95/2005/NĐ-CP, then:

3.1. The owner must submit an application for replacement along with the previously issued certificate and pay the fee for replacing the certificate according to regulations to the Department of Construction if it is an organization, or to the People's Committee of the district if it is an individual. The receiving agency must issue a receipt for the application and a receipt for the replacement fee;

3.2. Within 15 working days from the date of receiving all necessary documents, the People's Committee of the province (Department of Construction in cases authorized to sign the certificate) or the People's Committee of the district must issue a new ownership certificate of the residential house to the owner.

The issuing agency must record on page 3 of the ownership certificate of the residential house and land use right the content: "The owner of the residential house has been issued a new ownership certificate of the residential house according to Decree No. 95/2005/NĐ-CP dated July 15, 2005 of the Government" and make one copy to file before returning the certificate to the owner.

4. The applicant will be issued a notification form as prescribed in Appendix No. 05 of this Circular. After comparing the documents and checking the floor plan drawings, the issuing agency must issue a receipt form as prescribed in Appendix No. 06 of this Circular.

5. Prior to receiving the certificate, the owner must submit the receipt for the payment of the preliminary tax (except in cases where the owner is issued a replacement, reissue, confirmation of change, first issuance of the certificate without having paid the preliminary tax, cases exempted from payment according to the provisions of the law); submit the original documents regarding the establishment of housing and construction works to the issuing authority for file retention (excluding land use right documents, project approval decisions, investment project decisions, investment permits) and sign the registration book for ownership of housing and the registration book for ownership of construction works.

When delivering the certificate, the issuing authority must attach a confirmation form that the certificate has been issued (according to the model provided in Appendix No. 07 of this Circular) for the owner to submit to the People's Committee of the commune where the housing and construction works are located for their knowledge and monitoring.

6. The person requesting the issuance of the certificate shall be responsible under the law for the contents in the application and other documents in the dossier. In case the issuing authority issues the certificate incorrectly, it must issue a new one and shall not collect fees for the reissuance.

7. In cases where there are disputes or complaints about the ownership of housing or construction works, the issuance of the certificate shall only be carried out after resolving such disputes or complaints in accordance with the provisions of the law.

IV. MEASUREMENT AND DRAWING OF HOUSING AND CONSTRUCTION WORKS

1. The measurement and drawing of housing and construction works must comply with the following principles:

1.1. Housing and construction works which have drawings showing the shape and dimensions of the edges of the floor plan of the housing or construction works or the floor plan of each floor for multi-story housing or construction works, and there is no change between the drawings and reality, do not need to be remeasured.

1.2. Housing and construction works which do not have drawings or have drawings but there have been changes in reality must be remeasured in accordance with the provisions of this Circular.

1.3. For housing in urban areas not belonging to housing projects or new urban area projects and measured and drawn by the homeowner, the drawing must bear the signatures of the homeowner and the surveying team.

In cases where housing has part of its construction on another owner's land or single-family housing shares walls or columns with another owner's housing or construction works, the drawing must be confirmed by those owners. If the land users or owners refuse to confirm, the People's Committee of the ward where the housing is located shall be responsible for inspecting and confirming on the drawing as the basis for the competent authority to issue the certificate to the applicant.

1.4. For housing and construction works in rural areas, the drawing must be confirmed by the People's Committee of the commune regarding the address, location on the plot of land, and number of floors of the housing or construction works.

2. Drawing the floor plan of housing

2.1. For single-family housing: In the case of one-story housing, the drawing must show the shape of the plot of land, including the shape of the floor plan, dimensions of the edges, floor area of the first floor, and indicate the direction of the main entrance door. In the case of multi-story housing where all floors are identical, the drawing should be made like a one-story house and note the floor area of the first floor multiplied by the number of floors, while noting the number of floors. In the case of multi-story housing where some floors are identical and others are different, the first floor plan and the plans of other floors should be shown, along with notes about the floors as specified herein (see examples in Appendices No. 08 and No. 09 of this Circular).

2.2. For apartments in apartment buildings, draw the outline of the floor plan with the apartment and draw the outline of the apartment plan, indicating the direction of the entrance stairs and the main entrance door of the apartment, and clearly marking the apartment number, dimensions of the edges, and floor area of the apartment (see examples in Appendix No. 10 of this Circular).

2.3. For housing outside projects in urban areas, the issuing authority shall organize through the surveying team. In cases where the homeowner measures and draws, the surveying team of the issuing authority shall cooperate with the People's Committee of the ward where the housing is located to check and correct the drawings before they are reflected on the certificate.

3. Drawing the floor plan of construction works

The drawing must show the shape of the floor plan of the plot of land, the main entrance door of the construction work, the main entrance door of each component of the construction work, and indicate the position, shape of the floor plan, dimensions of the edges, and floor area of each component. In cases where the plot of land is too large, only the perimeter of the land with the main construction work should be drawn (see examples in Appendix No. 11 of this Circular).

V. REFLECTION OF THE DRAWING IN THE CERTIFICATE

1. The drawing in the certificate must be reflected according to the guidance in Part IV of this Circular. Based on the number of floors of the housing or the number of components of the construction work, the drawing should be arranged appropriately on the certificate page. The drawing of housing and construction works does not require accurate scale.

2. The orientation of the drawing in the certificate is taken from the horizontal edge at the bottom of the certificate page as a reference point for drawing streets, alleys, and paths leading to the main entrance door of the housing or construction work (the front of the housing or construction work), not according to the direction specified for map drawing.

3. The drawing in the certificate must be reasonably arranged according to the principle:

3.1. In cases where the housing has one floor or multiple floors with identical shapes and sizes, only one drawing should be placed in the center of the paper in Section III of the certificate.

3.2. In cases where the housing has multiple floors with different shapes, the paper in Section III should be divided into two parts, with the left side from bottom up showing the plot drawing and the first floor plan, followed by the second floor, third floor..., and the right side from bottom up showing the floor plans of the remaining floors.

3.3. In cases where there are one or more components of construction works with multiple floors, the first floor plan should be drawn and a bold dot should be marked corresponding to the number of floors at one corner of the component drawing.

VI. REFLECTION OF CONTENT ON THE CERTIFICATE

1. The Certificate of Ownership of Housing and the Certificate of Ownership of Construction Works issued together with this Circular by the Ministry of Construction shall be uniformly used throughout the country.

2. The Construction Departments must maintain a record of the receipt and issuance of Certificates of Ownership of Housing and Certificates of Ownership of Construction Works based on the principle that the number of certificates issued to owners and the number of damaged certificates during the process of recording information on the certificates (if any) must equal the total number of certificates issued.

Every six months and annually, the People's Committees at the district level must submit reports to the Construction Departments, and the Construction Departments must submit reports to the Ministry of Construction regarding the total number of certificates received, the number of certificates issued, the number of certificates issued to owners, and the number of damaged certificates (if any) within their jurisdiction.

3. The issuing authority must fully record all relevant data on the certificate. In cases where certain data cannot be determined, a dash (-) should be marked. For example, if the year of construction cannot be determined, it should be recorded as: Year of Construction: (-)

4. Guidelines for Recording Certain Contents in the Certificate:

4.1. Section of the People's Committee: If the certificate is issued by the People's Committee at the district level, both the name of the district and province must be recorded; if the certificate is issued by the People's Committee at the provincial level or the Construction Department, only the name of the People's Committee of the province or city should be recorded (for example: "Thanh Tri District - Hanoi City" or "Thanh Hoa City - Thanh Hoa Province" or "Hai Duong Province").

4.2. Section of Certificate Number: The certificate number consists of 15 digits, recorded as follows:

Starting from left to right, the first two digits record the code of the province or centrally-administered city; the next three digits record the code of the district, county, town, or city under the province; the following five digits record the code of the commune, ward, or town; the next three digits record the volume number of the registration book for ownership of housing and construction works; the last two digits record the page number in the registration book for ownership of housing and construction works.

The codes of administrative agencies at the provincial, district, and commune levels must be recorded according to the provisions of Decision No. 124/2004/QĐ-TTg dated July 8, 2004, of the Prime Minister "on the issuance of the List and Codes of Administrative Units in Vietnam."

4.3. Regarding the Recording of the Owner's Name (Section I); Record the full name of the owner and the ID card number (if available). If the owner is a Vietnamese citizen residing abroad or a foreigner, record the passport number and date of issue. In cases where the housing is jointly owned by a married couple, both names must be recorded.

In cases where the housing is jointly owned but one of the joint owners has passed away without the inheritance being settled according to regulations, record the name of the deceased owner and add "(deceased)." Example:

Mr. Nguyen Van A, ID Card No.: 012345456

And wife: Mrs. Tran Thi B (deceased)

In cases where the owner is an organization, record the name of the organization according to the business registration certificate, establishment decision, or investment permit.

4.4. Address of Housing: For urban housing, record the house number, alley, lane (if any), street (or road), ward, district (county, town, city under the province). For rural housing, record the specific address: village, hamlet, commune, district.

For apartment units: In addition to the information specified in this point, also record the apartment number, floor number of the apartment, and the name of the apartment building.

4.5. Regarding the Floor Area (of housing, apartment):

a) For single-story housing, record the area of the ground floor construction, and if there is a shared wall, only count half of the area of the shared wall;

b) For multi-story housing, record the total floor area of the construction on each floor, and if there is a shared wall on each floor, calculate the area as specified in point a above;

c) For apartments in apartment buildings, record the floor area of the apartment (excluding the area of shared walls and columns);

4.6. Regarding the Classification (Grade) of Housing and Construction Works:

a) The classification of housing is recorded according to the provisions of Circular No. 05/BXD-ĐT dated February 9, 1993, of the Ministry of Construction guiding the method of determining usable area and classifying housing;

b) The grade of construction works is recorded according to the provisions of Decree No. 209/2004/NĐ-CP dated December 16, 2004, of the Government on the management of construction quality.

4.7. Regarding the Recording of the Number of Floors: If it is a standalone house, record the number of floors of the main house. If there is a loft, it does not count as a separate floor, and the floor area of the loft is considered part of the auxiliary floor area. If it is an apartment in an apartment building, record the floor number of the apartment and the total number of floors of the apartment building, which can be recorded in the form of a fraction (for example, apartment number 505 in a 15-floor apartment building would be recorded as 5/15, where 5 is the floor number of the apartment and 15 is the total number of floors of the apartment building).

4.8. Regarding the Structure of Housing and Construction Works: Only record the main structures such as walls, frames, floors, and roofs (for example, walls, frame, floor BTCT; roof tiles);

4.9. The floor area of construction and land area are calculated in square meters and rounded to two decimal places (for example, 124.43 m² or 32.00 m²).² hoặc ba mươi hai mét điểm không²);

4.10. Part for date, month, year of signing the certificate: use stamp or handwritten signature.

4.11. Part for recording the name of the person signing the certificate: record the name of the person assigned to sign the certificate, for example:

a) In case the Vice Chairman of the Provincial People's Committee or the Vice Chairman of the District People's Committee signs on behalf of the Chairman, it shall be recorded as follows:

TM. People's Committee (specify province, district, city, town, provincial city)...

KT. Chairman

Deputy Chairman

(sign, stamp and clearly write the full name of the signer)

b) In case the Department of Construction is authorized by the Provincial People's Committee to sign the certificate, it shall be recorded as follows:

TM. People's Committee (specify province, city)...

TUQ. Chairman

Director of the Department of Construction

(sign, stamp and clearly write the full name of the signer)

4.12. Stamp on the certificate: In case the District People's Committee signs the certificate, the stamp of the District People's Committee shall be affixed. In case the Provincial People's Committee or the Department of Construction signs the certificate, the stamp of the Provincial People's Committee shall be affixed;

4.13. Record the original file: use stamp or handwritten signature and record as follows: number and code of the Decision granting the certificate and the serial number in the ownership registration book. (for example 123/QĐ-UB. 1455).

Below the part for recording the original file, use to record information about reissuance and replacement in cases of reissuance and replacement. (for example First reissue; Second replacement...);

4.14. Regarding recording changes after issuing the certificate at Section IV of the certificate: Column (1) records the date, month, year when the Department of Construction or the District People's Committee confirms the change; Column (2) records the contents of the change; Column (3) sign and stamp of the confirming authority (stamps may overlap each other).

These changes must also be reflected in the copy of the certificate kept by the issuing authority.

5. The use of computer software to display contents in the certificate shall be carried out according to the guidance of the Housing Management Department under the Ministry of Construction.

VII. BOOK OF OWNERSHIP REGISTRATION FOR HOUSING AND CONSTRUCTION PROJECTS

1. Each book of ownership registration for housing and construction projects consists of 99 pages bound together. Each page has two sides used to record contents for one house or one construction project that has been granted a certificate. The model of the book of ownership registration for housing is provided in Appendix 12, and the model of the book of ownership registration for construction projects is provided in Appendix 13 of this Circular and shall be uniformly applied throughout the country.

2. Based on the actual needs of housing and construction projects requiring certificates, the Department of Construction and the District People's Committee establish books of ownership registration for housing and construction projects. The Department of Construction guides the District People's Committees to unify the numbering of ownership registration books in each ward, commune, town to avoid duplication.

3. For localities that have established tracking books for issuing ownership certificates for houses and land use rights according to Decree No. 60/CP dated July 5, 1994 of the Government and can reflect the contents of the ownership registration book models provided in this Circular, there is no need to establish new ownership registration books for housing.

4. Authority responsible for establishing and managing the ownership registration books:

4.1. The Department of Construction establishes and manages the ownership registration books for housing and construction projects in cases where the certificates are issued by the Provincial People's Committee or the Department of Construction;

4.2. The District People's Committee establishes and manages the ownership registration books for housing and construction projects in cases where the certificates are issued by the District People's Committee.

VIII. STORAGE AND MANAGEMENT OF FILES ON HOUSING AND CONSTRUCTION PROJECTS

1. Files for storage include:

1.1. Application forms for issuing certificates (including applications for new issuance, reissuance, replacement, issuance upon transfer of ownership, and applications for confirmation of changes after issuance);

1.2. Receipts for files; confirmations from relevant agencies regarding the loss of certificates (if any);

1.3. Documents creating housing and construction projects;

1.4. Sketches and drawings of housing and construction projects;

1.5. Copies of certificates of ownership of housing and construction projects already issued to owners or old certificates in cases of reissuance, issuance upon transfer of ownership, and issuance when the space for recording changes after issuance is exhausted;

1.6. Other related documents concerning housing and construction projects.

2. Authorities responsible for storing and managing files:

2.1. The Department of Construction is responsible for storing files and documents related to housing and construction projects issued by the Provincial People's Committee and the Department of Construction;

2.2. The District People's Committee is responsible for storing files and documents related to housing and construction projects issued by the District People's Committee.

3. Content of storage and management of files:

3.1. Store the files specified in Point 1 of Part VIII of this Circular in accordance with the provisions of the law on file storage;

3.2. Establish a database to manage files using a computer network system to serve statistical purposes, reporting results, and management requirements for housing and construction projects;

3.3. The Department of Construction and the District People's Committee are responsible for providing data on housing and construction projects to relevant agencies when requested.

4. Reporting on the implementation of Decree No. 95/2005/NĐ-CP is carried out as follows:

4.1. Quarterly, the District People's Committee sends reports to the Department of Construction on the implementation of the Decree in their jurisdiction according to the model provided in Appendix 14 of this Circular for the Department of Construction to compile and report to the Provincial People's Committee;

4.2. Quarterly, the Department of Construction must send reports to the Provincial People's Committee on the implementation of the Decree in their jurisdiction according to the model provided in Appendix 15 of this Circular;

4.3. No later than July 15th each year and January 15th of the following year, the Provincial People's Committee must submit reports on the results of the first six months and the entire year's implementation in their jurisdiction to the Ministry of Construction for compilation and reporting to the Prime Minister according to the model provided in Appendix 16 of this Circular;

4.4. In addition to the regular reports stipulated in Points 4.1, 4.2, and 4.3 of this Clause, the Department of Construction or People's Committees at all levels must submit reports when required.

IX. IMPLEMENTATION ORGANIZATION

1. The People's Committees of provinces and centrally governed cities shall implement the following contents:

1.1. Based on Decree No. 95/2005/NĐ-CP, the guidance provided in this Circular, and the specific circumstances of their locality, they shall specify the documents for establishing residential houses and construction works, the procedures for issuing certificates, and direct and organize the implementation to ensure promptness, convenience, and not causing inconvenience to the people.

1.2. Based on the provisions regarding the issuance fee for certificates under Clause 6, Article 22 of Decree No. 95/2005/NĐ-CP and the actual situation of their locality, they shall specify the specific amount of the issuance fee for certificates, ensuring that each department involved in issuing certificates has sufficient funds to carry out their tasks. The use of funds must be economical and subject to annual settlement, with any unused portion to be remitted to the State budget.

1.3. They shall direct the Department of Construction to develop programs and plans for specific implementation; organize training on professional and technical matters related to issuing certificates for relevant staff at the district level and the Department; and direct the People's Committees of districts and counties to cooperate with media agencies to disseminate and popularize regulations for the people to understand and comply with effectively.

1.4. Based on the demand for issuing certificates, they shall develop plans to strengthen personnel and invest in equipment to accelerate the progress of issuing certificates and support management of residential houses and construction works within their jurisdiction.

1.5. They shall direct the unified management of ownership files for residential houses and construction works within their jurisdiction at the Department of Construction and the People's Committee at the county level (including files related to the issuance of certificates under Decree No. 60/CP dated July 5, 1994).

2. The National House Management Agency shall be responsible for assisting the Minister of Construction in guiding, urging, and inspecting the implementation of certificate issuance for ownership rights of residential houses and construction works by localities; compiling the implementation status of certificate issuance to report to the Prime Minister.

X. EFFECTIVE DATE OF IMPLEMENTATION

1. This Circular shall take effect from the date Decree No. 95/2005/NĐ-CP takes effect.

2. The People's Committee of a province shall direct lower-level People's Committees and functional agencies of the locality to strictly implement Decree No. 95/2005/NĐ-CP of the Government and the provisions set forth in this Circular. In case of difficulties during implementation, they are requested to provide comments to the Ministry of Construction for guidance and resolution within their authority or to submit to the Prime Minister for decision./.