Circular No. 13/2009/TT-BXD guiding the rental and management operation of student housing and industrial zone worker housing.

CIRCULAR

Guidelines for leasing and managing student housing and industrial zone worker housing

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

Pursuant to Resolution No. 18/NQ-CP dated April 20, 2009 of the Government on certain mechanisms and policies to promote the development of housing for students and workers in concentrated industrial zones and low-income residents in urban areas;

Pursuant to Decision No. 65/2009/QĐ-TTg dated April 24, 2009 of the Prime Minister promulgating certain mechanisms and policies for developing rental housing for university, college, and vocational school students;

Pursuant to Decision No. 66/2009/QĐ-TTg dated April 24, 2009 of the Prime Minister promulgating certain mechanisms and policies for developing rental housing for workers in industrial zones;

The Ministry of Construction hereby provides guidelines for leasing and managing student housing and industrial zone worker housing as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates matters related to the leasing and management of student housing as prescribed in Decision No. 65/2009/QĐ-TTg dated April 24, 2009 of the Prime Minister, and industrial zone worker housing as prescribed in Decision No. 66/2009/QĐ-TTg dated April 24, 2009 of the Prime Minister.

Article 2. Applicability

1. Students, postgraduate students, and doctoral candidates (hereinafter collectively referred to as students) at educational institutions;

2. Workers in industrial zones, export processing zones, economic zones, industrial clusters, factories, and workshops (hereinafter collectively referred to as industrial zone workers);

3. Organizations and individuals related to the leasing and management of student housing and industrial zone worker housing.

Chapter II

OBJECTS, CONDITIONS, AND SAMPLE LEASE CONTRACTS FOR STUDENT HOUSING MANAGEMENT AND OPERATIONS

Article 3. Objects and Conditions for Leasing Student Housing

1. Objectives:

It shall be students at educational institutions who have a need to lease housing. In cases where there is insufficient accommodation to meet demand, the allocation for leasing shall be carried out in the following priority order:

a) Out-of-province students;

b) Students whose families are classified as poverty reduction targets according to state regulations;

c) High-achieving students;

d) First-year students.

2. In cases where multiple students fall under the priority categories mentioned in Clause 1 of this Article, further review shall be conducted in the following order:

a) Students who are Heroes of the Armed Forces, Labor Heroes, war invalids, or disabled veterans;

b) Students who are children of martyrs;

c) Students who are children of war invalids and disabled veterans (ranked according to their ranking);

d) Students from ethnic minority groups;

e) Female students.

3. Conditions:

Students with a need to lease housing must submit a request form in accordance with Model Form 1a of this Circular, commit to paying rent fully and on time, and comply with the usage regulations for leased housing. The request form must include confirmation that the individual is a student from the educational institution.

For the object mentioned in point b of Clause 1 of this Article, confirmation from the local authority of the place of permanent residence registration is required. For the objects mentioned in points a, b, and c of Clause 2 of this Article, proof of belonging to the priority category is required. For the objects mentioned in points c and d of Clause 1 of this Article, confirmation from the educational institution is required. For the objects mentioned in point a of Clause 1 and point e of Clause 2 of this Article, the housing management unit shall determine based on the lease application form.

Article 4. Procedures and formalities for renting student accommodation

1. The unit managing and operating student accommodation shall be responsible for notifying educational institutions and through mass media about the location, number of available places, address for submitting applications, and application deadlines.

2. Educational institutions shall notify students about the relevant information on renting student accommodation during admission exams (posted at educational institutions or through volunteer student activities) and in admission notices, including details such as accommodation locations, phone numbers, and websites.

3. Students who wish to rent accommodation shall submit an application with confirmation or attached proof of priority status (if applicable) to the unit managing and operating student accommodation for consideration of rental.

4. The unit managing and operating student accommodation shall arrange a list of students in order of priority to enter into lease contracts ensuring compliance with the specified target groups and conditions as stipulated. In cases where sufficient accommodation cannot be provided according to demand, guidance may be given to students to contact other units for accommodation rental.

Article 5. Lease Contracts for Student Accommodation

The rental of student accommodation must be documented in a contract according to the model prescribed in Appendix 1b of this Circular.

Article 6. Management and Operation Units of Student Accommodation

1. Units Managing and Operating Student Accommodation

The project investor may directly implement or hire or entrust or establish a management and operation unit to carry out the leasing and management operations of student accommodation.

During the leasing and management operations of student accommodation, the management and operation unit shall enjoy benefits similar to those of public service units.

2. Self-Management Board of Student Accommodation

The self-management board shall be elected annually by the student conference in the accommodation area and recognized by the decision of the management and operation unit. The self-management board shall include representatives of students renting accommodation and representatives of the Ho Chi Minh Communist Youth Union and the Student Association introduced by educational institutions.

3. Rights and Responsibilities of the Unit Managing and Operating Student Accommodation and the Self-Management Board of Student Accommodation are stipulated in Article 8 of this Circular.

Article 7. Provisions on Management and Operation of Student Accommodation

1. Principles of Management and Operation

a) Student accommodation must be strictly managed during the management and operation process; unauthorized changes in usage purpose are not allowed;

b) Student accommodation must ensure safety, security, and environmental hygiene;

c) Equipment in student accommodation must meet the normal living, studying, and activity requirements of students;

d) In cases where the management and operation unit directly collects fees for infrastructure services such as electricity, water, property storage, and internet, it must ensure that these activities are not conducted for business purposes.

2. Exploitation and Operation of Student Accommodation

a) The unit managing and operating student accommodation shall be responsible for organizing the exploitation and operation of student accommodation. The exploitation and operation of accommodation must ensure proper usage and facilitate the daily living and dining needs of students;

b) For areas permitted for business operations (clearly stated in the approved investment project) and surplus areas (after sufficient accommodation has been arranged for rented students), they can be used for business operations. Revenue from these business activities shall be used to offset management and maintenance costs of the accommodation.

3. Warranty for Student Accommodation

The warranty for accommodation shall be carried out according to the commitments in the contract between the investor and the construction unit, equipment supply unit, and in accordance with Article 74 of the Law on Housing.

4. Maintenance of Student Accommodation

Maintenance of accommodation includes regular maintenance, minor repairs, medium repairs, major repairs, and emergency repairs to maintain the quality of the accommodation. Maintenance shall be carried out in accordance with the laws on maintenance of construction works.

The unit managing and operating accommodation shall be responsible for developing plans and organizing the implementation of maintenance of accommodation.

5. Archiving Accommodation Records

a) The accommodation investor shall be responsible for establishing and archiving accommodation records in accordance with Clause 3, Article 66 of the Law on Housing and transferring copies of completion records to the management and operation unit.

b) The unit managing and operating accommodation shall be responsible for archiving copies of completion drawings and related records concerning the management and operation, warranty, and maintenance of accommodation.

Article 8. Rights and responsibilities of the management and operation unit, Student Housing Self-Management Board

1. Rights and responsibilities of the management and operation unit

a) Accept student housing from the investor to manage for lease and operate the housing (including housing, technical infrastructure works, social infrastructure works, service works serving housing);

b) Compile a list of students who have a need to rent housing and arrange leasing according to the priority order specified in Clause 1 and Clause 2, Article 3 of this Circular;

c) Sign rental contracts ensuring the correct target as prescribed and issue access cards for those students; collect rent for housing; terminate rental contracts; terminate housing rental contracts in accordance with laws on housing or in cases where students are no longer eligible tenants;

d) Develop and promulgate rules for using student housing, publicly announce them so that renting students and related organizations and individuals are aware; supervise and urge compliance with these rules;

đ) Directly provide services within the housing or sign agreements with organizations and individuals to provide such services;

e) Exploit other services in accordance with the law to generate revenue to offset management and operation costs, maintenance costs for student housing as stipulated in Point b, Clause 2, Article 7 of this Circular;

g) Develop a maintenance plan for housing and organize the implementation of maintenance for student housing as stipulated in Clause 4, Article 7 of this Circular;

h) Directly inspect and instruct the Self-Management Board to inspect students' living conditions; coordinate with training institutions' mass organizations, local authorities, and district police to implement disease prevention, fire prevention, firefighting, and ensure political security, social order, and safety in the housing area;

i) Organize temporary residence registration for students and organize 24-hour security in the housing area;

k) Coordinate with health agencies, fire prevention and firefighting agencies, training institutions, and local authorities to implement disease prevention, fire prevention, firefighting, and ensure political security, social order, and safety in the housing area;

l) Regularly report every six months and annually to the investor on the management and operation situation of the housing;

2. Rights and responsibilities of the Student Housing Self-Management Board

a) Promote and mobilize compliance with housing usage regulations; prevent and promptly report to the management and operation unit to take measures against violations occurring in the housing area;

b) Organize environmental sanitation activities and cultural and sports activities in the housing area;

c) The Self-Management Board must regularly report monthly to the management and operation unit on the general situation and reflect students' suggestions and proposals regarding housing management and operation issues;

Article 9. Rights and obligations of students renting housing

1. Rights of students renting housing

a) Use accommodation and accompanying equipment in accordance with the rental contract;

b) Request the management and operation unit to repair any damage to the rented housing in a timely manner;

c) Renew or sign new rental contracts if they still qualify and meet the conditions for being allocated student housing;

d) Participate in sports and cultural activities in the housing area;

2. Obligations of students renting housing

a) Fully comply with all commitments in the rental contract;

b) Use housing for its intended purpose; maintain the housing and be responsible for paying to repair any damage caused by themselves and compensate for losses incurred;

c) Pay rent on time as stipulated in the contract; pay all electricity, water, and other service fees in full and on time;

d) Fully comply with all provisions in the rules for using student housing;

đ) Return accommodation to the management and operation unit when terminating the rental contract as prescribed.

Article 10. Prohibited acts in the management and use of student housing

1. Changing the purpose of use of student housing without authorization;

2. Transferring, converting, or subletting the rented area;

3. Allowing other persons to reside in one's rented room; entertaining guests beyond the prescribed hours;

4. Producing, storing, or using weapons, explosives, flammable substances, toxic chemicals, narcotics, and harmful products;

5. Storing, circulating, or disseminating films, video tapes, audio tapes, and cultural products with unhealthy content as prescribed by law;

6. Organizing or participating in gambling activities, lottery betting, prostitution in any form;

7. Engaging in uncivilized actions or behaviors; gathering to cause disturbances and disrupt public order; polluting the environment; creating noise exceeding the prescribed levels;

8. Expanding or occupying common areas; damaging or misusing common areas and public property within the residential zone contrary to their designated purposes;

9. Raising livestock or poultry in living quarters or residential zones.

Chapter III

OBJECTS, CONDITIONS, AND SAMPLE LEASE CONTRACTS FOR WORKER HOUSING IN INDUSTRIAL ZONES

Article 11. Objects and conditions for renting worker housing

1. Objectives:

Workers employed in industrial zones who have a need to rent housing for themselves. In cases where there is insufficient space to meet all demands, the allocation for rental housing shall be carried out in the following priority order:

a) Workers from outside the province with employment contracts in the industrial zone where worker housing projects are located;

b) Workers with low income (income below the average income of workers in the enterprise);

c) Workers without housing under their ownership or whose owned housing is temporary (bamboo and thatch houses).

2. In cases where multiple workers fall under the priority categories mentioned in Clause 1 of this Article, the review process will continue in the following order:

a) Workers who are Heroes of the Armed Forces, Labor Heroes, war invalids, or disabled veterans;

b) Workers who are children of martyrs;

c) Workers who are children of war invalids and disabled veterans ranked (ranked in order of ranking);

d) Workers belonging to ethnic minorities;

đ) Workers with indefinite-term employment contracts;

e) Workers with housing under their ownership but with an average living area less than 5 square meters per person;

g) Female workers.

3. Conditions:

Workers wishing to rent housing must submit an application according to the model specified in Appendix 2a of this Circular, commit to paying rent fully and on time, and comply with the regulations for the use of rented housing. The application must include confirmation that they are workers of the enterprise.

The objects mentioned in points a and b of Clause 1 and point d of Clause 2 of this Article must have confirmation from the enterprise; the objects mentioned in point c of Clause 1 and point e of Clause 2 of this Article must have confirmation from the People's Committee of the commune, ward, or town where they are registered as permanent residents; the objects specified in points a, b, c, and d of Clause 2 of this Article must provide proof of their priority status; for the object specified in point g of Clause 2 of this Article, the management unit of worker housing will determine based on the rental application.

Article 12. Procedures and formalities for renting workers' housing

The management and operation unit of workers' housing shall be responsible for announcing on mass media about the location, number of available rooms, address to submit applications, application deadline, and website (if any). The procedures and formalities for renting workers' housing shall be carried out as follows:

1. In the case where the management and operation unit directly signs rental contracts with workers:

a) Workers who wish to rent housing shall submit an application with confirmation or attached documents confirming their priority status (if any) to the management and operation unit for consideration of renting.

b) The management and operation unit shall arrange a list of workers in order of priority to sign rental contracts for housing in accordance with the prescribed target groups and conditions. If there is insufficient accommodation to meet the demand, they may guide workers to contact other units to rent housing.

2. In the case where the management and operation unit signs rental contracts with enterprises for them to arrange housing for their workers:

a) Enterprises shall notify workers of the regulations regarding target groups and conditions for renting housing. Workers who wish to rent housing shall submit an application with confirmation or attached documents confirming their priority status (if any) to the enterprise or workplace where they work for consideration of renting.

b) Enterprises shall register the number of workers who have been reviewed with the management and operation unit of housing.

c) The management and operation unit shall base on the number of houses to inform the enterprise and implement signing of the contract.

d) Enterprises shall sign rental contracts for housing with each worker and transfer the list, layout diagram with photos of the workers to the management and operation unit.

Article 13. Rental Contracts for Workers' Housing

1. In the case where workers directly rent housing from the management and operation unit, the rental contract shall be implemented according to the model specified in Appendix 2b of this Circular.

2. In the case where enterprises rent housing to arrange for workers to live in, the enterprise must sign a sub-rental contract with the workers according to the principles set forth in the model contract specified in Appendix 2b of this Circular. The rental contract between the enterprise and the management and operation unit shall be implemented in accordance with the laws on housing and must ensure the following main contents:

a) The enterprise renting workers' housing must commit to arranging and using housing correctly for the target group and purpose; informing workers of the rules for using workers' housing; transferring the list, layout diagram of living spaces for each rented worker to the management and operation unit for monitoring and management;

b) The management and operation unit shall be responsible for implementing management, operation, and maintenance of housing; issuing rules for using workers' housing, inspecting, and urging compliance with these rules;

c) The enterprise and the management and operation unit must closely cooperate in managing and operating housing; both parties must have specific agreements to resolve cases where workers violate regulations in using housing.

Article 14. Management and Operation Organizations for Workers' Housing

1. Management and Operation Unit of Workers' Housing

The project investor may directly carry out or lease or entrust or establish a management and operation unit to implement the leasing and management and operation of workers' housing.

During the activities of leasing and management and operation of workers' housing, the management and operation unit shall enjoy benefits similar to those of public service units.

2. Self-Management Board of Workers' Housing

The self-management board shall be elected by workers in the housing area and recognized by the decision of the management and operation unit. The composition of the self-management board includes representatives of workers renting housing and representatives of the Trade Union and the Ho Chi Minh Communist Youth Union introduced by the Trade Union and the Ho Chi Minh Communist Youth Union in enterprises with workers renting housing.

3. Rights and responsibilities of the management and operation unit and the self-management board of workers' housing are stipulated in Article 16 of this Circular.

Article 15. Provisions on the management and operation of workers' housing

1. Principles of Management and Operation

a) Workers' housing must be strictly managed during the process of management, use, exploitation, and operation; it shall not be arbitrarily changed for other purposes.

b) Workers' housing must ensure safety, security, and environmental hygiene.

c) The equipment in the housing must meet the normal living requirements of workers.

d) In cases where the housing management and operation unit directly charges fees for infrastructure services such as electricity, water, property storage, and internet, these activities must adhere to the principle of not being for business purposes.

2. Exploitation and Operation of Workers' Housing

a) The housing management and operation unit is responsible for organizing the exploitation and operation of workers' housing. The exploitation and operation of housing must ensure the principle of proper use and facilitate the living conditions of workers.

b) For areas permitted for business operations (as specified in the investment project approved by the competent authority) and surplus areas (after sufficient accommodation has been arranged for rented workers), they may be used for business operations. The revenue from these business activities shall be used to offset the costs of managing, operating, and maintaining workers' housing.

3. Warranty of Workers' Housing

The warranty of workers' housing shall be carried out according to the commitments in the contract between the developer and the construction unit, the equipment supplier, and in accordance with the provisions of Article 74 of the Law on Housing.

4. Maintenance of Workers' Housing

Maintenance of workers' housing includes routine maintenance, minor repairs, medium repairs, major repairs, and emergency repairs aimed at maintaining the quality of the housing. Maintenance shall be conducted in accordance with the legal regulations on the maintenance of construction projects.

The housing management and operation unit is responsible for organizing the maintenance of workers' housing.

5. Record Keeping

a) The developer of workers' housing is responsible for establishing and storing records of workers' housing in accordance with the provisions of Clause 3, Article 66 of the Law on Housing and providing copies of the completion records to the housing management and operation unit.

b) The housing management and operation unit is responsible for storing copies of the completion drawings and related records concerning the management, operation, warranty, and maintenance of workers' housing.

Article 16. Rights and Responsibilities of the Housing Management and Operation Unit, and the Self-Management Board of Workers' Housing

1. Rights and responsibilities of the management and operation unit

a) Accepting workers' housing from the developer for management and leasing, including the management and operation of the housing (including housing, technical infrastructure, social infrastructure, and service facilities serving workers' housing).

b) Compiling a list of workers who need to rent housing and arranging rentals according to the priority order stipulated in Clause 1 and Clause 2 of Article 11 of this Circular.

c) Signing rental contracts ensuring that the tenants are eligible according to the regulations or signing contracts with enterprises when enterprises directly lease housing for workers; issuing entry cards to workers; collecting rent; terminating rental contracts according to the laws on housing or in cases where workers are no longer eligible to rent housing.

d) Establishing and promulgating internal rules for the use of workers' housing, publicly announcing them so that renting workers and related individuals and organizations are aware and can comply.

đ) Directly provide services within the housing or sign agreements with organizations and individuals to provide such services;

e) Exploiting and conducting other services in accordance with the law to generate revenue to offset the costs of managing, operating, and maintaining workers' housing as stipulated in Clause 2 of Article 15 of this Circular.

g) Developing plans for the maintenance of workers' housing and organizing the implementation of maintenance of workers' housing in accordance with the provisions of Clause 4 of Article 15 of this Circular.

h) Inspecting the living and daily activities of workers; coordinating with enterprise and local mass organizations to organize cultural and recreational activities for workers.

i) Organizing temporary residence registration for workers and organizing 24-hour patrols in the residential area.

k) Coordinating with health authorities, fire prevention and control agencies, local authorities, and community police to implement disease prevention, fire prevention and control, and ensure political stability and social order in the workers' residential area.

l) Regularly submitting reports every six months and annually to the developer regarding the management and operation of workers' housing.

2. Rights and Responsibilities of the Self-Management Board

a) Promoting, mobilizing, supervising, and inspecting compliance with the internal rules for the use of workers' housing; preventing and promptly reporting violations occurring in the residential area to the housing management and operation unit for appropriate measures.

b) Organizing activities to maintain environmental hygiene and cultural and sports activities in the residential area.

c) On a monthly basis, the self-management board is responsible for reporting to the housing management and operation unit on the general situation and reflecting the suggestions and proposals of renting workers regarding issues related to the management and use of workers' housing.

Article 17. Rights and responsibilities of enterprises

1. Inform workers about regulations on the objects and conditions for renting housing; confirm on the application for renting housing submitted by workers.

2. In cases where enterprises rent houses to arrange for workers, the enterprise directly signs the housing rental contract with workers ensuring compliance with the objects and conditions stipulated in Article 11 of this Circular; collect rent directly from workers or deduct it from their salaries; terminate the housing rental contract in accordance with the laws on housing; agree with the management and operation units to directly perform one or more tasks related to management and operation such as security, cleaning, or other services serving the workers of the enterprise.

Encourage enterprises in industrial zones to support workers' housing rent, electricity costs, water costs, and other living expenses to create better living conditions for workers renting housing.

Article 18. Rights and obligations of workers renting housing

1. Rights of workers renting housing

a) Use accommodation and accompanying equipment in accordance with the rental contract;

b) Request the management and operation unit to repair any damage to the rented housing in a timely manner;

c) Renew or sign a new rental contract if they still meet the criteria and have the necessary conditions to rent worker housing.

2. Obligations of workers renting housing

a) Fulfill all commitments in the worker housing rental contract;

b) Use housing for its intended purpose; maintain the housing and be responsible for paying to repair any damage caused by themselves and compensate for losses incurred;

c) Pay the full rent (in cases where rent is paid directly) according to the deadline specified in the contract; pay fully and on time all usage fees for electricity, water, and other services;

d) Adhere strictly to all regulations in the internal rules for using worker housing;

đ) Return the accommodation to the management and operation unit when terminating the housing rental contract as prescribed.

Article 19. Prohibited acts in managing and using worker housing

1. Changing the purpose of use of worker housing without authorization;

2. Transferring, converting, or subletting the rented area in the housing rental contract;

3. Bringing others to live in their room; hosting guests beyond the designated hours;

4. Creating or storing, using weapons, explosives, flammable substances, toxic chemicals; creating or storing, using stimulants such as opium and its derivatives under any form;

5. Storing, circulating, or disseminating films, video tapes, audio tapes, and cultural products with unhealthy content as prescribed by law;

6. Organizing or participating in gambling activities, lottery betting, prostitution in any form;

7. Engaging in uncivilized actions or behaviors; gathering to cause disturbances and disrupt public order; polluting the environment; creating noise exceeding the prescribed levels;

8. Expanding, occupying common areas; damaging or arbitrarily using common areas, public property in the residential area contrary to the intended purpose.

9. Raising livestock or poultry in living quarters or residential zones.

Chapter IV

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 20. Dispute Resolution

Disputes arising from civil contracts during the implementation of management and use of worker housing as stipulated in this Circular shall be resolved in accordance with the laws on civil contracts.

Article 21. Handling Violations.

1. Handling violations of this Circular shall be carried out in accordance with the laws on handling violations in the management and use of housing.

2. Those who abuse their positions or powers to violate the provisions on renting, managing, and operating student housing and worker housing will be administratively punished or criminally prosecuted depending on the severity of the violation. If the violator causes material damage, they must compensate.

Chapter V

IMPLEMENTATION

Article 22. Implementation organization

1. The People's Committee of provinces and centrally governed cities shall be responsible for:

a) Specify and publicly announce the objects and conditions for renting student housing and worker housing within the jurisdictional area.

b) Organize inspections, checks, supervision, and handling of violations related to renting, managing, and operating student housing and worker housing;

c) Organize regular meetings every six months and annually to review and evaluate the results of implementing the management of renting, managing, and operating student housing and worker housing, report to the Ministry of Construction for consolidation, and report to the Prime Minister.

2. Provincial Construction Departments have the responsibility:

a) Inspect and urge the implementation of management of renting, managing, and operating student housing and worker housing; propose measures to the provincial People's Committees to handle violations;

b) Coordinate with training institutions and enterprises in industrial zones to inspect and urge the management and operation units of student housing and worker housing to comply with the provisions of this Circular;

c) Monitor and consolidate the situation of managing and operating student housing and worker housing to report to the provincial People's Committee and the Ministry of Construction regularly or urgently.

3. The Department of Housing Management and Real Estate Market has the responsibility to assist the Minister of Construction in guiding, urging, and inspecting the implementation of this Circular; consolidate and report the implementation situation regularly, and propose amendments and supplements for the Minister of Construction to issue within his authority or report to the Prime Minister for consideration and decision.

Article 23. Effectiveness of Implementation

1. This Circular takes effect from August 15, 2009.

2. For housing of individuals and organizations investing in construction for domestic students and workers not covered by this Circular and foreign student and worker housing, management and operation may be based on the principles stipulated in this Circular.

3. During the implementation process, if difficulties or obstacles arise, localities are requested to send opinions to the Ministry of Construction for amendment and supplementation within their authority or submit them to the Prime Minister for consideration and decision./.