Circular No. 14/2013/TT-BXD guides the implementation of certain contents of Decree No. 34/2013/NĐ-CP dated April 22, 2013, of the Government on the management and use of state-owned housing.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on Management and Use of State-Owned Housing

on Management and Use of State-Owned Housing

______________________________

Pursuant to Decree No. 62/2013/NĐ-CP dated June 25, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on Management and Use of State-Owned Housing;

At the proposal of the Director of the Department of Housing and Real Estate Market Management;

The Minister of Construction issues this Circular guiding the implementation of certain provisions of Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on Management and Use of State-Owned Housing.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular guides the implementation of certain provisions regarding the leasing, lease-purchase of social housing, leasing of student housing, and leasing and selling of old state-owned housing as prescribed in Decree No. 34/2013/NĐ-CP dated April 22, 2013 of the Government on Management and Use of State-Owned Housing (hereinafter referred to as Decree No. 34/2013/NĐ-CP).

Article 2. This Circular does not regulate the management and use of official housing and the sale of social housing owned by the state.

Article 2. Applicability

Article 3. Leasing and lease-purchase subjects of social housing owned by the state (including those working in secretarial organizations), leasing subjects of student housing, and leasing and purchasing subjects of old state-owned housing as prescribed in Decree No. 34/2013/NĐ-CP.

Article 4. Individuals and organizations related to the management and use of state-owned housing as prescribed in Decree No. 34/2013/NĐ-CP, except for cases involving the management and use of official housing.

Article 3. Content of Reports on the Management and Use of State-Owned Housing

Clause 1. Agencies and units specified in Clause 1, Article 8 of Decree No. 34/2013/NĐ-CP shall be responsible for periodically reporting on the management and use of state-owned housing according to the following contents:

Point a) Report on housing data, including: type of housing (villa, individual house, apartment); number of houses and usable area of each type of housing; total number of houses and total usable area of state-owned housing currently under management; number of rental contracts; total number of houses sold, leased, and remaining; total revenue from leasing, lease-purchasing, and selling houses up to the reporting date; cases where houses have been recovered and post-recovery management and use situation;

Point b) Report on difficulties, obstacles, and recommendations during the process of managing and using state-owned housing.

Clause 1. Reporting on the management and use of state-owned housing shall be carried out according to the form prescribed in Appendix I attached to this Circular.

Clause 2. In case of necessity, agencies specified in Clause 1, Article 8 of Decree No. 34/2013/NĐ-CP shall be responsible for reporting on demand of competent authorities about the management and use of state-owned housing under their management.

Article 4. Principles of Management and Operation of State-Owned Housing

Clause 1. State-owned housing must be strictly managed during the usage and operation period, ensuring safety, security, and environmental hygiene for users as stipulated in Decree No. 34/2013/NĐ-CP and this Circular.

Clause 2. The management and operation of state-owned housing must be carried out by units with functions in housing management and operation, selected through designation or bidding as prescribed in this Circular.

Clause 3. Tenants and lease-purchasers of housing, in addition to paying rent and lease-purchase fees, must also pay management and operation costs of housing as prescribed by the People's Committee of the province where the housing is located; for student housing, management and operation costs are included in the rental price.

Clause 4. Management and operation costs of state-owned housing include the following factors:

Point a) Wages and allowances, social insurance, health insurance, and other deductions from the salary fund for the staff of the housing management unit.

Wages are determined based on the staffing level of employees and current national regulations on salary levels, allowances, and other deductions from the salary fund.

Point b) Costs for services within the housing area such as security, cleaning, waste collection, garden care, pest control, and other services (if any) based on the workload and agreed service contract terms.

Point c) Office supplies, office furniture, tools, and inexpensive consumables of the housing management unit.

Point d) Electricity and water costs for the management unit's office operations; public lighting in the housing area; elevator operation (if any).

Point đ) Depreciation costs of fixed assets of the housing management unit such as cars, computers, photocopiers, and other assets. Management and use of depreciation assets are carried out according to the regulations of the Ministry of Finance.

Clause 5. For areas designated for business and services (as clearly stated in the approved investment project for housing construction), the management unit can operate these areas to offset management and maintenance costs but must report to the housing management authority for approval before implementation. Business activities and financial transactions must be transparent, specifying which part offsets management costs and which part offsets maintenance costs, and annual reports on business results must be submitted to the housing management authority.

For cases that were already in operation before Decree No. 34/2013/NĐ-CP took effect, the management unit must annually report to the housing management authority on the income and expenditure from these business activities. Any changes in business plans must be approved by the housing management authority.

Article 5. Procedures for recovery and forced recovery of state-owned housing

1. The procedures for recovery of social housing and old state-owned housing are stipulated as follows:

a) When there is one of the cases subject to housing recovery as prescribed in Article 23 of Decree No. 34/2013/NĐ-CP, the housing management and operation unit shall issue a document clearly stating the reasons for requesting tenants, purchasers, or buyers of housing to return the housing within 60 days from the date of receiving the notification document. In case the tenant, purchaser, or buyer of housing does not return the housing within the time limit specified herein, the housing management and operation unit shall report to the housing management agency to request the recovery of the housing.

b) Based on the proposal of the housing management and operation unit, the housing management agency shall be responsible for inspecting, and if it falls under the category requiring housing recovery, it shall prepare a report proposing the agency representing the owner of the housing to issue a Decision on Housing Recovery. If the housing management agency discovers cases that require housing recovery during inspection, it shall notify the housing management and operation unit and prepare a report for the agency representing the owner to issue a decision on housing recovery.

c) After receiving the report from the housing management agency, the agency representing the owner of the housing shall be responsible for reviewing, and if the conditions for recovery are met, it shall issue a Decision on Housing Recovery and send this Decision to the housing management agency, the housing management and operation unit, and the tenant, purchaser, or buyer of housing subject to recovery to implement. In the case where the housing is managed by the Ministry of National Defense or the Ministry of Public Security, the housing management agency may issue a Decision on Housing Recovery (if authorized to do so), then send this Decision to the agency representing the owner (for reporting) and the housing management and operation unit, tenant, purchaser, or buyer of housing (for implementation).

The Decision on Housing Recovery must include the following contents:

- Legal basis for housing recovery;

- Address of the housing and name of the tenant, purchaser of housing subject to recovery;

- Reason for housing recovery;

- Name of the agency or unit implementing housing recovery;

- Time limit for housing recovery.

- Management and utilization plan for housing after recovery.

d) After receiving the Decision on Housing Recovery, the housing management and operation unit shall be responsible for notifying the tenant, purchaser, or buyer of housing in writing about the specific time for recovery to return the housing; the tenant, purchaser, or buyer of housing shall be responsible for returning the housing to the housing management and operation unit; the recovery and return of housing must be recorded in a protocol signed by all parties. In case the tenant, purchaser, or buyer of housing does not accept the recovery notice or sign the recovery and return protocol, the housing management and operation unit shall invite the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee at the commune level) where the housing is located to witness and sign the protocol.

đ) The time limit for housing recovery shall not exceed 60 days, starting from the day the tenant, purchaser, or buyer of housing receives the notification document from the housing management and operation unit regarding housing recovery as stipulated in Point d Clause 1 of this Article.

e) After recovering the housing, the housing management and operation unit shall manage and utilize the housing according to the Decision on Housing Recovery and issue a document reporting to the housing management agency about the completion of housing recovery.

2. For student housing, the housing management and operation unit shall be responsible for implementing housing recovery when one of the cases prescribed in Clause 2 of Article 23 of Decree No. 34/2013/NĐ-CP occurs.

3. The procedures for forced recovery of social housing and old state-owned housing are implemented as follows:

a) In case the tenant, purchaser, or buyer of housing subject to recovery does not return the housing within the time limit specified in Point d Clause 1 of this Article, the housing management and operation unit shall issue a document reporting to the housing management agency to request forced recovery of the housing.

b) Based on the proposal of the housing management and operation unit, the housing management agency shall inspect and prepare a report along with a draft Decision on Forced Recovery of Housing to propose the agency representing the owner of the housing to review and issue a Decision on Forced Recovery of Housing.

c) After receiving the report from the housing management agency, the agency representing the owner of the housing shall be responsible for checking and comparing with the provisions of Decree No. 34/2013/NĐ-CP to issue a Decision on Forced Recovery of Housing and send this Decision to the housing management agency, the housing management and operation unit, and the tenant, purchaser, or buyer of housing to implement; in case the Ministries, central agencies issue a Decision on Forced Recovery of Housing, they must accompany the Decision on Forced Recovery of Housing with a document requesting the People's Committee of the province where the housing is located to organize forced recovery. If the housing does not fall under the category requiring organized forced recovery, the agency representing the owner shall issue a document informing the housing management agency and the housing management and operation unit to continue managing according to regulations.

For housing managed by the Ministry of National Defense or the Ministry of Public Security, the agency with the function of managing housing of the Ministry of National Defense or the Ministry of Public Security has the right to issue a Decision on Forced Recovery of Housing if authorized to do so.

d) Based on the Decision on Forced Recovery of Housing, the People's Committee of the province where the housing is located may directly or delegate the People's Committee of the district, town, city district (hereinafter collectively referred to as the People's Committee at the district level) where the housing is located to organize forced recovery and hand over the housing to the housing management and operation unit for management according to regulations. The handover of housing must be recorded in a protocol confirmed by the participating agencies in forced recovery.

đ) The time limit for forced recovery of housing shall not exceed 60 days, starting from the day the agency representing the owner of the housing issues the Decision on Forced Recovery of Housing.

e) After accepting the handover of recovered housing, the housing management and operation unit shall be responsible for managing and utilizing the housing according to the Decision on Housing Recovery and report to the housing management agency.

Chapter II

PROVISIONS ON MANAGEMENT AND UTILIZATION OF STATE-OWNED HOUSING

Section 1

MANAGEMENT AND UTILIZATION OF STATE-OWNED SOCIAL HOUSING

Article 6. Subjects leasing or purchasing social housing under state ownership

1. The subjects eligible for leasing or purchasing social housing under state ownership include:

a) Persons with meritorious service to the revolution as specified in Points a, b, c, d, đ, e, g, h, i, k, l, and Point m Clause 2 Article 16 of Decree No. 34/2013/NĐ-CP;

b) Civil servants, public officials, and employees in administrative agencies, public institutions, Party organizations, and mass organizations receiving salaries from the state budget (those within the state’s staffing quota) and those working under contract within the staffing quota of these agencies;

c) Officers and professional military personnel belonging to the people's armed forces receiving salaries from the state budget, including those engaged in confidential work in confidential organizations;

d) Workers employed in industrial zones, clusters of industrial zones, and production and service facilities outside industrial zones;

đ) Poor households in urban areas meeting the poverty standard defined by the Prime Minister and facing difficulties in housing;

e) People with disabilities and elderly individuals living alone in urban areas facing difficulties in housing;

g) Subjects who have returned public service housing when they no longer meet the criteria for leasing public service housing;

h) Households and individuals subject to resettlement but not yet allocated resettlement land or housing;

i) Low-income individuals working in organizations such as administrative agencies, public institutions, Party organizations, mass organizations, or public service units (excluding those specified in Points b and c of this Clause); non-public service units; enterprises belonging to various economic sectors; cooperatives established and operating according to the law (excluding those specified in Points a, d, and g of this Clause), or individuals on retirement benefits, self-employed workers, and individual traders (excluding those specified in Points a, đ, e, and h of this Clause) who are not required to pay regular income tax according to the law on personal income tax.

In the case of a household, the taxable income is calculated for all members of the household, and the calculation method follows the guidance of the Ministry of Finance.

2. When a household registers to lease or purchase social housing, only one member of the family must belong to one of the categories specified in Clause 1 of this Article to be eligible for leasing or purchasing social housing under state ownership.

Article 7. Conditions for leasing or purchasing social housing under state ownership

1. The subjects eligible for review to lease or purchase social housing under state ownership must meet the housing difficulty conditions specified in Clause 2 and the residence conditions specified in Clause 3 of this Article. For low-income individuals, in addition to the conditions specified in Clauses 2 and 3 of this Article, they must also meet the conditions specified in Clause 4; if they are leasing or purchasing social housing, they must also meet the conditions specified in Clause 5 of this Article.

2. The housing difficulty conditions specified in Point a Clause 2 of Article 12 of Decree No. 34/2013/NĐ-CP are detailed as follows:

a) In cases where the applicant for leasing or purchasing housing does not own housing and has not been leased, purchased, or leased and purchased social housing, nor received housing support from the state in any form (including both husband and wife if registered for marriage) are:

- Not having housing and currently residing with others, renting, or borrowing housing, or having housing but it has been expropriated by the state for land clearance purposes according to the decision of the competent authority or demolished for old building renovation without compensation in the form of housing or land;

- Not having been allocated residential land according to the law on land;

- Not having leased or purchased housing under state ownership or not having leased, purchased, or leased and purchased social housing;

- Not having received charitable housing or benevolent housing;

b) In cases where the applicant for leasing or purchasing housing (including both husband and wife if registered for marriage) owns housing but it is cramped or damaged (housing that has been issued a Certificate of Ownership by the competent authority or housing with valid documents to obtain a Certificate of Ownership according to the law on land) are:

- Having housing as an apartment but the average floor area per person in the household is less than 5 m²;

- Having separate housing but the average floor area per person in the household is less than 5 m² and the land area of the housing is lower than the minimum standard allowed for renovation and construction according to the regulations of the provincial People's Committee where the housing is located;

- Having separate housing but it is damaged in the frame, wall, and roof, and the land area of the housing is lower than the minimum standard allowed for renovation and construction according to the regulations of the provincial People's Committee where the housing is located.

3. The residence conditions specified in Point b Clause 2 of Article 12 of Decree No. 34/2013/NĐ-CP are detailed as follows:

a) The subjects specified in Article 6 of this Circular must have permanent residency registration at the province or centrally administered city where the social housing under state ownership is located;

b) If there is no permanent residency registration as specified in Point a of this Clause, the person seeking to lease or purchase housing must have temporary residency registration, a labor contract with a term of one year or more, and a confirmation letter from the insurance agency regarding ongoing social insurance contributions in the province or centrally administered city where the social housing under state ownership is located. If the subject works for a branch or representative office in the province or city where the social housing is located and the insurance contributions are made in the locality where the company has its branch or representative office, then this provision applies, but a confirmation letter from the company regarding insurance contributions is also required.

c) Specifically, households and individuals specified in Point h Clause 1 of Article 6 of this Circular must also meet additional conditions prescribed by the provincial People's Committee (if any).

4. Income condition for low-income individuals: This condition shall only be applied to determine eligibility for low-income individuals as specified in Point i, Clause 1, Article 6 of this Circular; it shall not apply to individuals specified in Points a, b, c, d, đ, e, g, and h, Clause 1, Article 6 of this Circular.

5. In cases of renting or purchasing social housing, the applicant must initially pay 20% of the value of the rented or purchased housing, with the remaining amount to be paid according to an agreement with the lessor or seller, but with a minimum term of 10 years from the date of signing the rental or purchase contract.

Article 8. Documents for Application to Rent or Purchase State-Owned Social Housing

The documents for application to rent or purchase state-owned social housing include:

1. A registration form for renting or purchasing social housing as prescribed in Appendix II attached to this Circular;

2. One of the following documents confirming the status and current housing situation as follows:

a) For individuals specified in Points b and c of Article 6, Clause 1 of this Circular, and those who have returned public service housing while still working as specified in Point g of Article 6, Clause 1 of this Circular, there must be a certificate regarding their status and current housing situation issued by the agency or organization where they are currently employed, in the format prescribed in Appendix III attached to this Circular;

b) For individuals specified in Points a, d, đ, e, and i of Article 6, Clause 1 of this Circular, and those who have returned public service housing due to retirement as specified in Point g of Article 6, Clause 1 of this Circular, there must be a certificate regarding their status and current housing situation issued by the People's Committee of the commune where the applicant has registered permanent residence, in the format prescribed in Appendix IIIa attached to this Circular; if there is no permanent residence registration, then a certificate from the People's Committee of the commune where the applicant has registered temporary residence must be provided;

c) For individuals subject to resettlement as specified in Point h of Article 6, Clause 1 of this Circular, there must be a certified copy of the land expropriation document issued by the competent authority, along with a certificate from the People's Committee of the district where the individual's house and land were expropriated stating that the individual was not compensated with resettlement housing or land, and additional documents as required by the provincial People's Committee (if applicable);

3. Documents proving residential conditions as follows:

a) If the applicant has a permanent residence registration in the province or centrally-administered city where the state-owned social housing is located, a certified copy of the permanent residence household register or a certificate of collective household registration at the local level must be provided;

b) If the applicant does not have a permanent residence registration as specified in Subparagraph a of this Clause, a certified copy of the temporary residence registration certificate must be provided; a certified copy of a labor contract with a term of one year or more up to the time of submission or an indefinite-term labor contract, and a certificate from the insurance agency confirming the payment of social insurance in the province or centrally-administered city where the state-owned social housing is located for renting or purchasing. In cases where the individual works for a branch or representative office in the province or city where the social housing is located and the insurance payments are made in the location of the company's branch or representative office, a certificate from the company confirming the insurance payments must be provided;

4. Documents proving income conditions:

Individuals with low income as specified in Point i of Article 6, Clause 1 of this Circular, and those who have returned public service housing due to retirement as specified in Point g of Article 6, Clause 1 of this Circular, must declare their own income levels (as per the declaration section on income levels in the format prescribed in Appendix IIIa attached to this Circular) and bear responsibility for the declared income levels. In necessary cases, the housing management agency may seek opinions from the local tax bureau to determine the income tax status of the applicant requesting to rent or purchase social housing as stipulated in this Clause.

5. Documents proving eligibility for exemption or reduction of rent as specified in Clause 2, Article 16 of Decree No. 34/2013/NĐ-CP (if applicable); in cases where the applicant has documents proving exemption or reduction of rent that overlap with the documents specified in Clause 2 of this Article, the housing management agency may use these documents to consider exemptions or reductions in rent for those renting state-owned social housing.

Article 9. Procedures and formalities for renting and purchasing social housing under state ownership

1. Individuals with a need to rent or purchase social housing shall submit two sets of application files as prescribed in Article 8 of this Circular at the unit entrusted with managing and operating the housing or at the agency managing social housing under state ownership where the housing is located: one set to be retained by the receiving agency and one set to be transferred to the housing management agency (if the managing and operating unit is the receiving agency) or one set to be transferred to the managing and operating unit (if the housing management agency is the receiving agency). In addition to the documents prescribed in Article 8 of this Circular, the receiving agency shall not require individuals to submit any additional types of documents.

2. The receiving agency shall be responsible for checking and classifying the files; in cases where the applicant does not have all the required documents, the receiving agency must issue a written notice clearly stating the reasons so that the applicant can know and supplement the file. If the housing managing and operating unit receives the file, after checking and classifying the file, the housing managing and operating unit must report, compile a list of eligible tenants or purchasers along with valid files and send them to the housing management agency for review.

3. Based on the list of eligible tenants or purchasers along with valid files, the housing management agency shall directly review or establish a Review Board to conduct individual reviews of each registration file, determine eligible subjects or score and select priority subjects (if applicable).

For cases that meet the conditions or are prioritized for rental or purchase of social housing (if applicable), the housing management agency shall prepare a Report accompanied by a list and a Scoring Record to report to the agency representing the owner for decision-making. In cases where the conditions are not met or have not been reviewed, the housing management agency shall issue a written notice to the housing managing and operating unit to inform the applicant.

4. Based on the report from the housing management agency, the agency representing the owner of the housing shall examine and issue a Decision approving the tenants or purchasers of social housing and send this Decision to the housing management agency to sign a lease-purchase contract with the approved purchaser or notify the housing managing and operating unit to sign a lease contract with the approved tenant.

5. The time limit for processing the rental or purchase of social housing under state ownership shall not exceed thirty days from the date when the housing managing and operating unit receives complete valid files; if there is a need to review the files and organize scoring, the processing period shall not exceed sixty days.

Article 10. Principles and criteria for reviewing eligible subjects for renting and purchasing social housing under state ownership

1. The selection of eligible subjects for renting and purchasing social housing under state ownership must be carried out in accordance with the provisions of Decree No. 34/2013/NĐ-CP and this Circular. In cases where the social housing fund is insufficient to allocate to registered subjects who meet the conditions for renting or purchasing, the selection shall be made according to the scoring method with a maximum score of 100 points, and those with higher total scores will be prioritized for rental or purchase before others according to the scoring scale stipulated in Clause 2 of this Article.

2. The scoring scale is determined based on specific criteria as follows:

3. Based on the scoring principles and scales stipulated in Clauses 1 and 2 of this Article, the agency representing the owner of the housing or the housing management agency (if authorized) shall specify the selection criteria for eligible subjects for renting and purchasing social housing under state ownership currently managed in accordance with the principles and criteria stipulated in this Article.

4. The housing management agency may establish a Review Board (comprising representatives of relevant local agencies, departments, and mass organizations) or directly carry out the review of rental and purchase housing applications to ensure transparency, fairness, correct subject classification, and compliance with the principles and scoring criteria stipulated in this Article.

Article 11. Rental and lease-purchase contracts for social housing under state ownership

1. Rental and lease-purchase contracts for social housing under state ownership must include the contents prescribed in Clause 2, Article 17 of Decree No. 34/2013/NĐ-CP.

2. Rental contracts shall be established according to the model specified in Appendix VI, and lease-purchase contracts for housing shall be established according to the model specified in Appendix V issued together with this Circular.

3. The rental and lease-purchase periods for social housing under state ownership shall be regulated as follows:

a) In the case of renting social housing under state ownership, the rental contract shall have a term of five years. When the rental contract expires, the management and operation unit shall be responsible for inspecting, and if the tenant still meets the conditions for renting and has a need to continue renting, the management and operation unit shall issue a report to the housing management authority; after receiving the written opinion from the housing management authority, the parties shall sign an extension of the rental contract for the aforementioned period; in cases where the tenant does not wish to continue renting or does not meet the conditions for continued renting, the parties shall terminate the contract and the tenant shall be responsible for handing over the housing to the management and operation unit.

After signing an extension or termination of the rental contract, the management and operation unit shall report to the housing management authority for monitoring and management or propose that the representative body of the owner decide on allocating another person to rent the housing.

b) In the case of lease-purchasing social housing under state ownership, the lease-purchase contract shall have a minimum term of ten years. Upon expiration of the lease-purchase period and if the lease-purchaser has fully paid the agreed lease-purchase price, the lessor shall be responsible for processing the application for the competent authority to issue the Certificate of Land Use Right, House Ownership Right, and Other Assets Attached to the Land (hereinafter referred to collectively as the Certificate) to the lease-purchaser. The procedures for issuing the Certificate shall be carried out in accordance with the provisions of the law on issuing Certificates.

Article 12. Contents of costs constituting the rental and lease-purchase prices for social housing under state ownership

The contents of costs constituting the rental and lease-purchase prices for social housing under state ownership include:

1. Construction investment costs: all legitimate costs for implementing the construction of housing projects put into operation in accordance with current regulations on project management and construction approved by the competent authority for final settlement of investment capital.

If the competent authority has not yet approved the final settlement of investment capital, the construction investment costs within the total construction investment ceiling approved by the competent authority shall be used to determine the costs; after the competent authority approves the final settlement of construction investment capital, the housing management authority shall report to the representative body of the owner to re-determine the rental and lease-purchase prices for housing.

2. Housing maintenance costs: all costs for regular maintenance, periodic repairs, and emergency repairs aimed at maintaining the quality of the housing. Housing maintenance costs are determined based on the structure of the social housing rental price stipulated in Article 13 of this Circular.

Maintenance funds for housing projects are deducted from the rental payment (based on the pricing structure specified in Article 13 of this Circular) and deposited into a commercial bank account managed by the housing management and operation unit with an interest rate for non-term deposits to serve maintenance work in accordance with construction project maintenance regulations.

Article 13. Method for Determining the Rental Price of Social Housing Owned by the State

1. The formula for determination:

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: is the rental price for 1 square meter of apartment usage per month (VND/m²/month).

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_đ: is the annual allocation of construction investment costs of the housing project based on the principle of capital preservation (VND/year).

Determination Formula V_đ:

Accordingly:

+ T_đ: is the total construction investment cost of the project or housing scheme (pre-tax value) according to the final settlement investment value approved by the competent authority (VND).

In cases where housing projects have not been settled, T_đ is the total construction investment cost of the project or housing scheme within the approved total investment ceiling (VND).

Amount of tax paid: …¹: is the total usable area of apartments for rent in the project (m²).

Amount of tax paid: …²: is the total usable area of apartments for rent-to-own in the project (m²).

+ r: is the interest rate for preserving the investment capital (annual basis) determined by the authorized investment decision-maker (%/year).

+ n: is the number of years required to recover the capital, depending on the specific conditions of each project and the authorized investment decision-maker, but at least 20 years;

- Bt: is the average annual maintenance cost of the project (VND/year).

- K: is the floor-level allocation coefficient based on the principle of capital preservation and according to the convenience conditions of each social housing area, as specified by the provincial People's Committee; this coefficient K is determined according to the following formula:

Accordingly:

+ K_{ANNEX I.A[31]}: is the coefficient of the i-th floor

Amount of tax paid: …_{ANNEX I.A[31]}: is the usable area of apartments for rent on the i-th floor

+ m: is the number of floors for rent

- L: is the location coefficient of the project, determined based on the advantageous location of the project by the provincial People's Committee, suitable for the actual situation of each locality.

- VAT: calculated according to the provisions of the Value Added Tax Law.

- 12: is the number of months in one year.

2. Based on the guidance on the components of the rental price of social housing stipulated in Article 12 of this Circular and the method for determining the rental price of social housing stipulated herein, the housing management agency shall coordinate with the financial agency at the same level to establish and submit to the agency representing the owner for issuance the rental price of social housing owned by the state to be applied to housing currently under management.

Article 14. Method for Determining the Rent-to-Own Price of Social Housing Owned by the State

1. The formula for determination:

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_tm: is the rent-to-own price for 1 square meter of apartment usage per month (VND/m²/month);

- A: is the coefficient representing the ratio between the remaining value of the apartment (after deducting the initial payment amount) and the original value of the rented apartment (A < 1)

- V (VND/year): is the total investment capital allocated annually for the usable area of social housing for rent, ensuring the preservation of capital, calculated according to the following formula:_đ: is the annual allocation of construction investment costs of the project or housing scheme based on the principle of capital preservation (VND/year). Determination Formula:

+ T_đ: is the total construction investment cost of the project or housing scheme (pre-tax value) according to the final settlement investment value approved by the competent authority (VND).

In cases where housing projects have not been settled, T_đ is the total construction investment cost of the project or housing scheme within the approved total investment ceiling (VND).

Amount of tax paid: …¹: is the total usable area of apartments for rent in the project (m²).

Amount of tax paid: …²: is the total usable area of apartments for rent-to-own in the project (m²).

+ r: is the interest rate for preserving the investment capital (annual basis) determined by the authorized investment decision-maker (%/year).

+ n: is the lease period, dependent on the agreement between the seller and the buyer but at least 10 years.

Ministry of Construction sets specific price_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: is the average annual maintenance cost of the project (VND/year).

- K: is the floor-level allocation coefficient based on the principle of capital preservation and according to the convenience conditions of each social housing area, as specified by the provincial People's Committee; this coefficient K is determined according to the following formula:

Accordingly:

+ K_{ANNEX I.A[31]}: is the coefficient of the i-th floor

Amount of tax paid: …_{ANNEX I.A[31]}: is the usable area of apartments for rent-to-own on the i-th floor

+ m: is the number of floors for rent-to-own

- L: is the location coefficient of the project, determined based on the advantageous location of the project by the provincial People's Committee, suitable for the actual situation of each locality.

- VAT: calculated according to the provisions of the Value Added Tax Law.

- 12: is the number of months in one year.

Based on the guidance on the components of the rental and rent-to-own prices of social housing stipulated in Article 12 of this Circular and the method for determining the rent-to-own price of social housing stipulated herein, the housing management agency shall coordinate with the financial agency at the same level to establish and submit to the agency representing the owner for issuance the rent-to-own price of social housing owned by the state to be applied to housing currently under management.

Article 15. Management and operation organizations for social housing under state ownership

1. The housing management agency shall select units with professional capacity in managing and operating housing through designation or bidding to implement the management and operation of social housing under state ownership.

2. The housing management and operation unit shall exercise rights and responsibilities as prescribed in Article 7 of Decree No. 34/2013/NĐ-CP.

3. For social housing in apartment buildings, the housing management agency must organize the establishment of a Social Housing Management Board. The establishment of the Social Housing Management Board is regulated as follows:

a) The Social Housing Management Board shall be elected by the Apartment Owners' Meeting (comprising representatives from the housing management agency and tenants or purchasers). The meeting may be organized for one building or a cluster of buildings (hereinafter referred to as the social housing area) and held once a year; in case of necessity, extraordinary meetings may be convened when more than 50% of the total number of users request in writing or when requested by the Social Housing Management Board, simultaneously with a request from more than 30% of the users of that social housing area;

b) Within twelve months from the date of handing over the housing for use and when the social housing area has more than 50% of the apartments occupied by tenants or purchasers, the housing management agency shall be responsible for coordinating with the housing management and operation unit to organize the first Apartment Owners' Meeting;

c) The Social Housing Management Board shall consist of five to seven members, including one representative from the housing management agency, one representative from the housing management and operation unit, and representatives of tenants or purchasers. The composition of the Board includes one Chairperson and one or two Deputy Chairpersons, one of whom is a representative from the housing management and operation unit.

4. The Social Housing Management Board shall have the following rights and responsibilities:

a) Protecting the legitimate rights and interests of tenants or purchasers of housing in accordance with the law; inspecting and urging tenants or purchasers of housing to comply with the internal regulations on the management and use of social housing and other legal provisions on the management and use of housing; creating conditions for the housing management and operation unit to fulfill its tasks effectively;

b) Collecting and summarizing opinions and suggestions of tenants or purchasers of housing regarding issues related to the management and use of housing and the provision of housing services to reflect to the housing management and operation unit and the housing management agency for consideration and resolution;

c) Cooperating with local authorities and neighborhood associations in building civilized living habits and maintaining public order and safety in the apartment buildings under their management;

d) Every six months, the Social Housing Management Board shall solicit opinions from tenants or purchasers of housing to serve as a basis for evaluating the quality of housing management and operation services provided by the housing management and operation unit;

đ) Advising the housing management agency to require the management unit to improve service quality or replace the housing management and operation unit if the service quality does not meet the prescribed standards.

Section 2

MANAGEMENT AND USE OF STUDENT HOUSING

Article 16. Objectives and Conditions for Renting Student Housing

1. Student housing is exclusively allocated for high school, college, vocational college, technical college, and vocational secondary students (collectively referred to as students) to reside during their study period.

2. In cases where multiple students apply to rent student housing, based on the current housing stock, educational institutions or housing management and operation units shall review and prioritize students eligible to rent housing in the following order:

a) Students from families in social policy groups;

b) Students from families in poverty households;

c) Students from remote and mountainous areas;

d) Students from out-of-province;

đ) High-achieving students;

e) First-year students.

3. The review process for students eligible to rent housing must ensure transparency, fairness, and compliance with the prescribed criteria as stipulated in this Circular.

Article 17. Documents, procedures, and processes for renting student housing

1. The procedures and processes for renting newly constructed student housing under Decision No. 65/2009/QĐ-TTg dated April 24, 2009, of the Government on issuing certain mechanisms and policies to develop housing for students of universities, colleges, vocational schools, and vocational training institutions to rent (hereinafter referred to as Decision No. 65/2009/QĐ-TTg) are stipulated as follows:

a) Students who wish to rent housing submit an application form according to the model prescribed in Appendix VI attached to this Circular, along with a copy of the document proving their eligibility for preferential treatment (if applicable), at the educational institution where they are currently studying for verification and inclusion in a list to be sent to the housing management and operation unit for consideration and decision-making;

b) The housing management and operation unit is responsible for verifying the applications and, based on the number of available houses, decides the list of students eligible to rent housing in accordance with the priority order specified in Clause 2, Article 16 of this Circular and proceeds to sign rental contracts with the students.

In cases where students do not meet the conditions for renting housing or have not provided sufficient documents as required, the educational institution or the housing management and operation unit shall notify in writing the reasons or provide guidance for students to supplement the necessary documents.

The process of resolving rental applications for student housing as stipulated in this Clause shall not exceed thirty days from the date the housing management and operation unit receives the application and other documents from the students (if any).

2. For student housing that is dormitories built using part or all of the state budget funds or having origins from state budget funds currently managed by educational institutions, based on actual circumstances, the educational institution shall decide on renting and managing student housing in accordance with regulations.

Article 18. Rental Contracts for Student Housing

1. The rental contract for student housing must include the contents prescribed in Clause 2, Article 17 of Decree No. 34/2013/NĐ-CP and be established according to the model prescribed in Appendix VII attached to this Circular.

2. The rental contract for student housing has a term of one year. When the rental contract expires and the student wishes to continue renting and still meets the requirements, both parties shall extend the rental contract for student housing.

Article 19. Principles for Determining Rent for Student Housing

The principles for determining rent for student housing are stipulated as follows:

1. The rent for student housing is determined based on the principle of covering all management, operation, and maintenance costs of the housing, without including depreciation costs of the initial investment and land use fees;

2. Management, operation, and maintenance costs for student housing are collected and expended according to the principle of self-collection, self-expenditure, and transparency to ensure the effective operation of student housing areas, and the housing management and operation unit is responsible for managing these costs;

3. Costs for fuel, electricity, water, and other expenses (if any) incurred by students renting housing are not included in the rental price but are directly paid by the students to the service provider (if there is a separate contract) or to the housing management and operation unit (if there is no separate contract) based on actual consumption, while ensuring the principle of non-commercial intent. Specifically, electricity and water usage charges are calculated based on residential rates, not commercial rates;

4. Service costs included in the rental price consist of security, environmental sanitation, waste collection, pest control, and other services (if any) are specifically defined in the rental contract for student housing;

5. Revenue from renting student housing and business services within the student housing area is accounted for and expended in accordance with the financial regulations set forth by the Ministry of Finance, aiming to offset management, operation, and maintenance costs and reduce the rental price of housing.

Article 20. Contents of Costs Constituting the Rent Price for Student Housing

1. Management and operation costs of student housing include:

a) Wages and allowances, social insurance, health insurance, and other deductions from the salary fund for the management staff of the unit managing and operating student housing.

Wages are determined based on the staffing level of employees and current national regulations on salary levels, allowances, and other deductions from the salary fund.

b) Costs for services within the student housing area such as security, cleaning, waste collection, garden care, pest control, and other services (if any), determined based on the volume of work to be performed and the agreed service contract quota.

Point c) Office supplies, office furniture, tools, and inexpensive consumables of the housing management unit.

Point d) Electricity and water costs for the management unit's office operations; public lighting in the housing area; elevator operation (if any).

c) Depreciation costs of fixed assets of the unit managing and operating such as cars, computers, photocopiers, and other assets. The management and use of depreciation of fixed assets shall comply with the regulations of the Ministry of Finance.

2. Maintenance costs: encompass all expenses for regular maintenance, periodic repairs, and emergency repairs aimed at maintaining the quality of the housing. For newly constructed housing, maintenance costs for construction works are calculated and determined based on the maintenance procedures established by the contractor and approved by the project sponsor.

Maintenance funds are deposited in commercial banks and managed by the unit responsible for managing and operating student housing for use in maintenance activities according to current regulations on construction maintenance.

Article 21. Method for Determining the Rent Price for Student Housing

1. The formula for determination:

Of which

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: is the rent price for one student for one month (VND/student/month).

- Q_l: is the annual management and operation cost of the project (VND/year).

Ministry of Construction sets specific price_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}: is the average annual maintenance cost of the project (VND/year).

- T_dv: is the income from business services within the housing area in a year such as parking services, cafeteria services, and income (if any) from sports activities (VND/year).

- S: is the total usable area of rented housing in the student housing project (m²).

- K: is the allocation coefficient based on floor height, on the principle of capital preservation, and according to the convenience conditions of each housing area, as specified by the provincial People's Committee; this coefficient is determined by the following formula:

Accordingly:

+ K_{ANNEX I.A[31]}: is the coefficient of the i-th floor

Amount of tax paid: …_{ANNEX I.A[31]}: is the usable area of apartments for rent on the i-th floor

+ m: is the number of floors for rent

Note:

+ "10": is the number of months a student rents housing in a year

+ "4": is the standard living space for one student (4m²/student)

2. The student housing management agency (for student housing under central ministries and agencies) or the Department of Construction (for student housing under provincial People's Committees) shall base on the provisions of Articles 20 and 21 of this Circular to establish the rent price for student housing under their management and submit it for consideration and decision by the representative body of the owner.

Article 22. Organization Managing and Operating Student Housing

1. For new student housing built according to Decision No. 65/2009/QĐ-TTg, the housing management agency (if the student housing belongs to central ministries and agencies) or the local Department of Construction shall decide to select a competent unit to manage and operate student housing.

For student housing that is dormitories currently managed by educational institutions, depending on specific conditions, educational institutions may directly manage or hire a competent unit to operate student housing. In cases of maintenance and renovation of student housing, educational institutions must report to the housing management agency for review and approval of the maintenance and renovation plan by the representative body of the owner. Educational institutions must report to the housing management agency every six months and annually on the management and use of student housing.

2. Principles for Managing and Operating Student Housing:

a) Student housing must be strictly managed during the management and operation process and cannot be arbitrarily changed in purpose of use;

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

c) Equipment in student housing must meet the requirements for normal living, studying, and daily activities of students;

d) If the management and operation unit directly collects fees for services such as electricity, water, property storage, internet, etc., they must ensure that these fees are not intended for profit-making purposes;

e) The management and operation unit of student housing has the responsibility to organize the management and operation of student housing according to the principle of proper use and to facilitate the living and accommodation of students.

3. Student housing must have a Self-Management Board elected annually by the Student Conference in the student housing area and recognized by the decision of the unit managing and operating student housing. The Self-Management Board of student housing consists of 5 to 7 members, including representatives of students renting housing and representatives of the Communist Youth Union and the Student Association introduced by educational institutions among the students renting housing.

The Self-Management Board of student housing has the following rights and responsibilities:

a) To publicize and mobilize students to comply with housing usage regulations; to prevent and promptly report to the management and operation unit for measures to address violations occurring in the housing area;

b) To organize activities to maintain environmental hygiene and cultural, physical, and sports activities in the housing area;

c) Monthly, the Self-Management Board of student housing has the responsibility to report to the management and operation unit about the general situation and reflect the suggestions and proposals of students renting housing regarding issues related to the management and operation of housing.

Article 23. 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 their rented room; entertaining guests beyond the prescribed hours.

4. Producing, storing, or using weapons, explosives, flammable substances, toxic chemicals; producing, storing, or using drugs and harmful products in 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, lottery, prostitution activities in any form.

7. Engaging in uncivilized actions or behaviors; gathering to cause disturbances and disrupt public order in any form; causing environmental pollution; creating noise exceeding the prescribed levels.

8. Expanding, occupying common areas and spaces; damaging or擅自使用、占用共同使用的面积和空间；擅自使用或破坏规定用途的共同使用面积和国有资产。

9. Raising livestock or poultry in rented rooms or student housing areas.

10. Other acts prohibited by law.

Section 3

MANAGEMENT OF LEASED HOUSING BELONGING TO STATE OWNERSHIP

Article 24. Management of Old Housing Belonging to State Ownership

1. For old housing belonging to state ownership as defined below, management for leasing and sale shall be carried out according to Decree No. 34/2013/NĐ-CP and this Circular:

a) Housing or non-housing buildings that were distributed or arranged for residential purposes by agencies or organizations before November 27, 1992 (the date of issuance of Decision No. 118/TTg of the Prime Minister on rental prices for housing and inclusion of housing fees in salaries (hereinafter referred to as Decision No. 118/TTg)).

b) Housing or non-housing buildings that were arranged for residential purposes during the period from November 27, 1992 to January 19, 2007 (the date of issuance of Decision No. 09/2007/QĐ-TTg of the Prime Minister on handling and rearranging state-owned housing and land).

2. For old housing as stipulated in Clause 1 of this Article which must establish full national ownership according to Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly on state-managed housing and land in the process of implementing housing management policies and socialist transformation policies before July 1, 1991 and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly on resolving specific cases regarding housing and land during the implementation of housing management policies and socialist transformation policies before July 1, 1991 but have not yet established full national ownership, the housing management agency must complete the legal procedures to establish full national ownership as prescribed before signing the housing lease contract.

3. In cases where old housing was arranged for use before January 19, 2007, but starting from the effective date of Decree No. 34/2013/NĐ-CP, if the person assigned to rent changes to another house according to the law or the tenant dies without anyone cohabiting at the time of death or falls under the category of termination of the contract to recover the house, the representative agency of the housing owner shall manage and arrange for leasing according to the regulations on leasing social housing owned by the state. If there is no eligible tenant for social housing, leasing shall be conducted through a bidding process for the right to lease the house at market price or auctioning the house according to the law on auctioning assets.

4. For housing or non-housing buildings that were arranged for leasing after January 19, 2007, management and handling shall be carried out according to the law on managing state-owned real estate assets.

Article 25. Documents for Application to Rent State-Owned Old Housing

The preparation of documents for application to rent state-owned old housing shall be applied in cases where the current user of the housing does not have a lease contract or has a lease contract but is not named in the contract (due to receiving the right to lease the housing from another party). The documents for application to rent old housing include the following papers:

1. A request form for renting old housing according to the model prescribed in Appendix VIII attached to this Circular;

2. Papers proving the allocation, arrangement, or actual use of the housing (for cases without a lease contract) or a lease contract along with papers proving the receipt of the right to lease the housing (for cases not named in the lease contract);

3. A copy of the identity card or passport or military identification card of the person requesting to rent housing; if it is a married couple, they must also provide a certified copy of the family household registration book or a certified copy of the marriage certificate;

4. A copy of the papers proving eligibility for exemption or reduction of rental fees for housing (if applicable).

Article 26. Procedures and Formalities for Leasing State-Owned Old Housing

1. In cases where the current user of the housing has relevant papers related to old housing (such as Decision on Allocation and Arrangement of Housing or papers proving the use of housing) but does not have a lease contract, the following regulations shall apply:

a) The applicant for leasing housing submits two sets of documents stipulated in Article 25 of this Circular at the housing management and operation unit or at the housing management agency (as specified by the Provincial People's Committee): one set retained by the agency receiving the documents and one set transferred to the housing management agency (if the housing management and operation unit is the agency receiving the documents) or one set transferred to the housing management and operation unit (if the housing management agency is the agency receiving the documents). In addition to the documents stipulated in Article 25 of this Circular, the agency receiving the documents shall not require the applicant to submit any additional types of documents;

b) The agency receiving the documents is responsible for checking and issuing a receipt for the documents; if the applicant does not fall within the category specified in Article 14 of Decree No. 34/2013/NĐ-CP, there must be a written notification informing the applicant of the reason; if the documents are incomplete, the agency receiving the documents must immediately guide the applicant to supplement the missing documents. If the housing management and operation unit receives the documents, it must report to the housing management agency for review;

c) Based on the received documents that meet the conditions or reported by the housing management and operation unit, the housing management agency is responsible for checking, preparing a Report and draft Decision approving the tenant of old housing, and submitting them to the representative agency of the owner for decision;

d) Based on the proposal of the housing management agency, the representative agency of the housing owner reviews and issues a Decision approving the tenant of the housing, then sends this Decision to the housing management agency to notify the housing management and operation unit to execute the signing of the lease contract. In cases where the old housing is managed by the Ministry of Defense and the authority to decide on the tenant of the housing is delegated to the housing management agency, this agency issues a Decision approving the tenant of the housing;

đ) After the Decision approving the tenant of old housing is issued, the housing management and operation unit executes the signing of the lease contract with the tenant.

2. In cases where the current user of the housing is a person who received the right to lease housing before the effective date of Decree No. 34/2013/NĐ-CP (cases with a lease contract but not named in the lease contract), the applicant for leasing housing submits one set of documents stipulated in Article 25 of this Circular at the housing management and operation unit. After receiving the documents, the agency receiving the documents is responsible for checking; if the documents are valid, it will publish information about the leased housing three times consecutively in local newspapers and on its website.

Thirty days after the first publication, if there is no dispute or complaint regarding the leased housing, the housing management and operation unit signs the lease contract with the tenant and reports to the housing management agency for monitoring and management; if there is a dispute or complaint about the housing, the lease contract can only be signed after resolving the dispute or complaint.

3. In cases where the current user of the housing is a person who received the right to lease housing from the effective date of Decree No. 34/2013/NĐ-CP (cases with a lease contract but not named in the lease contract) or is a person actually using the housing without papers proving allocation, arrangement, or receipt of the right to lease housing, the applicant for leasing housing may submit the documents at the housing management and operation unit or at the housing management agency (as specified by the Provincial People's Committee). If the applicant for leasing housing submits the documents at the housing management agency, the housing management agency is responsible for checking and issuing a written agreement on the transfer of the right to lease or a written agreement allowing the person actually using the housing to lease the housing and sending it to the housing management and operation unit along with a copy of the lease application documents for the housing management and operation unit to sign the lease contract with the tenant.

In cases where the applicant for leasing housing submits the documents at the housing management and operation unit, after receiving the documents, the housing management and operation unit is responsible for checking and reporting to the housing management agency for review to issue a written agreement on the transfer of the right to lease housing. After receiving the written agreement from the housing management agency, the housing management and operation unit proceeds to sign the lease contract with the tenant; if the housing management agency disagrees, it must issue a written response clearly stating the reason.

4. In cases where the person currently using the housing is the named party in the housing lease contract and on the date this Decree No. 34/2013/ND-CP takes effect, the lease term still remains valid, the parties do not need to sign a new lease contract. Upon expiration of the lease term, the housing management and operation unit shall be responsible for inspecting; if the tenant still meets the conditions for leasing and has a continued rental need, the parties shall sign an extension of the housing lease contract; if the tenant does not have a continued rental need or does not meet the conditions for continued housing leasing, the housing management and operation unit shall issue a notice to inform the tenant to terminate the lease contract and return the housing to the lessor.

After extending the lease contract or terminating the lease contract, the housing management and operation unit shall be responsible for notifying the housing management authority to monitor and manage or submit the matter to the representative agency of the housing owner for handling when reclaiming the housing.

5. In cases where signing a new housing lease contract or extending the lease contract while the actual area of the housing being used does not match the area recorded in the distribution documents, arrangement documents, or the old lease contract, the housing management and operation unit shall be responsible for inspecting and re-determining the legal area of the housing before signing the housing lease contract.

6. The time limit for resolving the lease of old state-owned housing shall not exceed thirty days from the date the competent authority receives a complete set of valid application documents.

Article 27. Determination of the Rent Price for Old State-Owned Housing

1. For the case stipulated in Point a Clause 4 Article 15 of Decree No. 34/2013/ND-CP, the rent price shall be implemented according to the provisions of Decision No. 17/2008/QD-TTg dated January 28, 2008 of the Government Chairman regarding the rent price for state-owned housing that has not been renovated or rebuilt (hereinafter referred to as Decision No. 17/2008/QD-TTg) and Circular No. 11/2008/TT-BXD dated May 5, 2008 of the Ministry of Construction guiding certain contents of Decision No. 17/2008/QD-TTg of the Government Chairman.

2. For the case stipulated in Point b Clause 4 Article 15 of Decree No. 34/2013/ND-CP, the rent price shall be implemented according to the rent price for social housing owned by the state prescribed in this Circular.

Article 28. Lease Contract for Old State-Owned Housing

1. The lease contract for old state-owned housing must include the contents prescribed in Clause 2 Article 17 of Decree No. 34/2013/ND-CP and be established according to the model prescribed in Appendix IX issued together with this Circular.

2. The lease contract for old state-owned housing has a term of five years, and the contract must clearly record the period of housing allocation for use (before November 27, 1992 or within the period from November 27, 1992 to before January 19, 2007) to serve as the basis for determining the conditions for selling housing in cases where the tenant has a purchase need and the housing meets the conditions for sale as prescribed.

Article 29. Exemption and Reduction of Rent for Old State-Owned Housing

1. The exemption and reduction of rent for old state-owned housing shall be carried out according to the principles stipulated in Article 16 of Decree No. 34/2013/ND-CP.

2. The level of rent exemption and reduction (including housing that has not been renovated or rebuilt and housing that has been renovated or rebuilt) for tenants is specified as follows:

a) For the category of persons who have rendered meritorious service to the revolution, the level of rent exemption and reduction shall be implemented according to the provisions of Decision No. 17/2008/QD-TTg;

b) For tenants belonging to poor households or persons with disabilities or elderly people living alone, they shall enjoy a rent exemption and reduction level of sixty percent of the rent payable.

Article 30. Management and operation of old state-owned housing

1. The housing management agency shall decide to entrust the state-owned enterprise with the function of operating housing on the local area (if available) or sign a contract with a unit having specialized capacity to manage and operate old state-owned housing.

2. The unit managing and operating old state-owned housing shall have rights and responsibilities as prescribed in Article 7 of Decree No. 34/2013/NĐ-CP.

3. For old housing that is apartment buildings, depending on specific circumstances, the representative agency of the housing owner may entrust the housing management agency or the People's Committee of the district to establish a Building Management Board. The establishment of the Building Management Board is regulated as follows:

a) The Building Management Board is elected by the Apartment Owners' Meeting (comprising representatives of the housing management agency, representatives of the owners of apartments for sold apartments and representatives of tenants of old housing). The Apartment Owners' Meeting can be organized for one building or a cluster of buildings and held once a year; in case of necessity, it can be organized as an extraordinary meeting when more than 50% of the total number of owners and users request in writing or when requested by the Building Management Board, simultaneously with a request from more than 30% of the owners and users of the apartment building.

b) The Building Management Board shall consist of 5 to 7 members, including 1 representative of the housing management and operation unit, a representative of the apartment owner, and a representative of the tenant. The structure of the Board includes 1 Chairperson and 1 or 2 Deputy Chairpersons, of which 1 Deputy Chairperson is a representative of the housing management and operation unit.

4. The Building Management Board has the following rights and responsibilities:

a) To protect the legitimate rights and interests of apartment owners and tenants according to the law; to inspect and urge apartment owners and tenants to pay management and operation fees, related costs, and comply with the internal regulations on the management and use of apartment buildings and laws on housing management and use; to create conditions for the housing management and operation unit to perform management and operation tasks as prescribed;

b) To collect and compile opinions and suggestions of apartment owners and tenants regarding issues related to the management and provision of services in apartment buildings to reflect to the housing management and operation unit and the housing management agency for consideration and resolution;

c) Cooperating with local authorities and neighborhood associations in building civilized living habits and maintaining public order and safety in the apartment buildings under their management;

d) Every six months, the Building Management Board shall solicit opinions of apartment owners and tenants to serve as a basis for evaluating the quality of management and operation services provided by the housing management and operation unit;

đ) To recommend to the housing management agency to improve management and operation services or replace the housing management and operation unit if the service quality does not meet the prescribed standards.

5. For old housing that is multi-family villas or multi-story multi-family houses but not apartment buildings, the management and operation shall be carried out as follows:

a) In cases where the housing still has areas under state ownership, the housing management agency shall be responsible for managing the areas under state ownership according to Decree No. 34/2013/NĐ-CP and this Circular, while the owners shall be responsible for maintaining their own areas of ownership.

b) In cases where there are no areas under state ownership, the owners shall be responsible for maintaining their own areas of ownership and agree to contribute funds for the maintenance of common areas; if agreement cannot be reached, the funds shall be allocated proportionally based on the individual ownership areas of each household; the management and operation of housing shall be carried out according to the principle of mutual agreement and self-management among the owners.

6. The housing management agency shall cooperate with the housing management and operation unit to review, plan, and budget for the maintenance of common areas in state-owned housing to report to the representative agency of the owner for consideration and approval before implementing the maintenance of these areas.

7. Apartment owners and tenants of old housing shall be responsible for paying management and operation fees according to the regulations of the provincial People's Committee where the housing is located and other related costs for housing use as prescribed by law or agreed upon with the service provider.

Chapter III

PROVISIONS ON THE SALE OF OLD STATE-OWNED HOUSING

Article 31. Agencies selling state-owned housing

1. For housing currently managed by the Provincial People's Committee that is eligible for sale, the Construction Department shall directly organize the sale of such housing.

The Construction Department shall be responsible for issuing a Decision to establish a Council to determine the selling price of housing to determine the selling price for housing eligible for sale within its jurisdiction (including old housing managed by the Ministry of National Defense). The Council to determine the selling price of housing shall include representatives from the Departments of Construction, Natural Resources and Environment, Finance, Planning and Architecture (if applicable), Investment, the Provincial Vietnam Fatherland Front, the Provincial Trade Union, the Tax Office; in cases where the selling price of housing managed by the Ministry of National Defense is determined, the Council to determine the selling price of housing shall also include a representative appointed by the Ministry of National Defense to participate.

2. For old housing currently managed by the Ministry of National Defense, the agency entrusted with managing housing under the Ministry of National Defense shall be responsible for implementing the sale of such housing.

Article 32. Subjects eligible to purchase and conditions for state-owned old housing eligible for sale

1. The subjects eligible to purchase state-owned old housing are individuals named in the lease contract (including the representative named in the lease contract and members named in the lease contract who are at least 18 years old) and have fully paid rent and management and operation costs of the housing; in cases where multiple members are named in the lease contract, these members must agree on a representative to sign the housing purchase contract with the housing management agency.

In cases where a tenant member refuses the right to purchase and be named in the Certificate of Ownership, they must provide a written refusal of the right to purchase, not be named in the Certificate of Ownership, and commit to not having disputes or complaints about the sale of this housing.

2. Old housing eligible for sale must meet the following conditions:

a) Not falling under the provisions of Clause 1, Article 24 of Decree No. 34/2013/NĐ-CP;

b) Not having disputes or complaints (confirmed by the lessor or the People's Committee of the commune where the housing is located in the application for purchasing housing according to the model prescribed in this Circular);

c) The current tenant must have an effective lease contract, fully pay rent and management and operation costs of the housing, and have a need to purchase housing (with an application for purchasing housing according to the prescribed model);

d) For housing without an original purpose as residential but has been arranged for residential use before January 19, 2007, it must ensure the conditions stipulated in Point a, Clause 1, Article 34 of Decree No. 34/2013/NĐ-CP and the conditions stipulated in Point c of this Clause.

3. When selling old housing in a villa occupied by multiple households, the housing selling agency shall be responsible for allocating common usage area for each household purchasing the house corresponding to the ratio of the residential usage area of each household recorded in the lease contract, and this allocation must be clearly stated in the housing purchase contract.

Article 33. Documents for applying to purchase state-owned old housing

The documents for applying to purchase old housing include:

1. An application for purchasing old housing and obtaining a Certificate of Ownership established according to the model prescribed in Appendix X issued together with this Circular;

2. A copy of the identity card or passport or military identification card of the applicant for purchasing housing; if it is a married couple, they must also provide a certified copy of the family household registration book or marriage certificate;

3. An effective lease contract and proof of full payment of housing rent and management and operation costs up to the time of submitting the application for purchasing housing.

If a person named in the lease contract has left the country, they must provide a power of attorney (certified by a notary office or authenticated according to regulations) for other members to purchase the housing; if a person named in the lease contract has passed away, a death certificate must be attached;

4. Proof of eligibility for exemption or reduction in the cost of purchasing housing (if applicable), specifically:

a) In cases where the subject is eligible for exemption or reduction in land use fees, they must provide proof issued by the competent authority that they are a person with meritorious service to the revolution, or a certificate confirming they are a person with disabilities, an elderly single person, or a poor family in urban areas from the People's Committee of the commune where they are registered as residents;

b) In cases where the subject is eligible for reduction in housing costs, they must provide one of the following documents:

- Confirmation of years of service from the agency or unit where the purchaser works if the purchaser is still working;

- Confirmation from the social insurance office of the district where the purchaser is receiving pension benefits or disability allowances or occupational disease allowances, or rubber plantation worker allowances;

- A certified copy of the decision to retire and receive one-time social insurance allowance, severance pay before and after Decision No. 111/HĐBT dated April 12, 1991 of the Council of Ministers or before and after the Labor Code, demobilization allowance, or discharge allowance; in cases where the retirement decision is lost, a detailed declaration of work history and confirmation from the former agency or unit must be provided;

- Proof issued by the competent authority that they are a person with meritorious service to the revolution if they are a person with meritorious service to the revolution.

5. A refusal of the right to purchase old housing and not to be named in the Certificate of Ownership according to the model prescribed in Appendix XI issued together with this Circular (if applicable).

Article 34. Procedures and Formalities for Selling Old State-Owned Housing

1. Based on specific conditions of each locality, the Provincial People's Committee may stipulate that applicants purchase housing by submitting application files to the housing management and operation unit or the local housing management agency.

2. Individuals wishing to purchase housing shall submit two sets of application files to the designated file receiving agency: one set will be retained at the receiving agency and the other set will be transferred to the housing management agency (if the housing management and operation unit is the receiving agency) or transferred to the housing management and operation unit (if the housing management agency is the receiving agency). The receiving agency is responsible for checking, accepting, and issuing a receipt for the file; if the file is missing any documents, they must immediately guide the applicant to supplement the file; if the applicant does not meet the conditions to purchase housing, they must issue a written response clearly stating the reasons for the applicant's knowledge.

In addition to the documents specified in Article 33 of this Circular, the receiving agency shall not require the applicant to submit any additional types of documents.

3. After receiving the file, the receiving agency is responsible for organizing inspections, establishing the housing purchase and sale file; remeasuring the area of the house and land if there is a discrepancy in area compared to the rental contract or if there is an area outside the contract; allocating common usage areas to the purchaser (if applicable); determining the remaining quality of the housing, calculating the selling price of the housing and the transfer price of land use rights.

If the housing management and operation unit receives the file, after completing the tasks specified in this Clause, the housing management unit must report and prepare a list attached to the housing purchase file to report to the housing management agency for review.

4. On the basis of the list of eligible purchasers and the housing purchase application files established according to the provisions of Clause 3 of this Article, the housing management agency is responsible for inspecting the subjects, conditions, and files, then reporting to the Pricing Council for review and approval of the housing selling price and the transfer price of land use rights.

5. After the Pricing Council approves the housing selling price and the transfer price of land use rights, the housing management agency prepares a list of eligible purchasers along with the pricing approval document from the Pricing Council to submit to the representative agency of the housing owner for consideration and decision. If the purchaser does not meet the conditions to purchase housing, the housing management agency shall issue a written response to the applicant or notify the housing management and operation unit to return the file and inform the applicant.

6. Based on the proposal of the housing management agency, the representative agency of the housing owner reviews and issues the Decision on Selling Old Housing (specifying the eligible purchasers, address of the housing being sold, selling price of the housing, and the transfer price of land use rights) and sends this Decision to the housing management agency to implement the sale of housing. The Decision on Selling Housing must be published on the website of the representative agency of the housing owner and the housing management agency.

In cases where old housing is managed by the Ministry of National Defense, after receiving the pricing approval document from the Pricing Council, the housing management agency of the Ministry of National Defense reviews and issues the Decision on Selling Housing.

7. After the Decision on Selling Housing is issued, the housing management agency implements the signing of the housing purchase and sale contract according to the prescribed model and guides the purchaser to pay the financial obligations to the state treasury at the local state treasury where the housing is located.

8. After the purchaser has fully paid the financial obligations to the state (with a payment receipt), the housing management agency is responsible for completing the housing purchase and sale file and transferring this file to the competent authority to issue the Certificate of Ownership to the purchaser according to the law on issuing Certificates of Ownership. The competent authority issuing the Certificate of Ownership is responsible for issuing the Certificate of Ownership within the time limit prescribed by the law on issuing Certificates of Ownership. For housing of the Ministry of National Defense, after completing the housing purchase and sale procedures, the housing selling agency of the Ministry of National Defense completes the file and transfers it to the competent authority issuing the Certificate of Ownership at the location of the sold housing for this agency to issue the Certificate of Ownership to the purchaser according to the regulations.

If a tenant member dies after the housing purchase file is received, the housing management agency will not include their name in the housing purchase and sale contract and will not consider granting exemptions or reductions in the purchase price for this person; if a purchasing member dies after signing the housing purchase and sale contract, the purchaser must notify the housing management agency (along with the death certificate and inheritance proof documents as prescribed) so that the legal heir can continue to execute the housing purchase and sale contract with the housing management agency and the legal heir's name will be recorded in the Certificate of Ownership.

9. The time limit for resolving the sale of old state-owned housing is not more than 45 days, starting from the day the housing management and operation unit receives all valid files. The time limit for issuing the Certificate of Ownership is carried out according to the law on issuing Certificates of Ownership and is not included in the sale period or the buyer's payment period.

The issuing authority is responsible for directly issuing and delivering the Certificate of Ownership to the purchaser, while sending one copy of the Certificate of Ownership to the housing management agency for tracking and management.

10. If the file receiving unit fails to complete the housing purchase and sale file within the time limit for resolving the sale of housing as prescribed, the applicant has the right to request the housing management agency to directly resolve the sale of this housing; the housing management agency is responsible for resolving and responding to inform the applicant.

11. Based on the provisions of Decree No. 34/2013/ND-CP and this Circular, the Provincial People's Committee shall promulgate specific procedures for selling old state-owned housing to apply in the locality, ensuring simplicity in formalities, speed in time, and clearly defining deadlines and responsibilities of each relevant agency and unit at each stage of processing the sale of old housing files.

Article 35. Sale Price of Old State-Owned Housing

1. For housing or buildings that were not originally intended for residential purposes but have been arranged for residential use since before November 27, 1992 (including cases where such housing has been renovated or rebuilt using state budget funds and tenants continue to be arranged to rent after November 27, 1992), the sale price shall be determined according to Clause 2, Article 27 of Decree No. 34/2013/NĐ-CP.

2. For housing or buildings that were not originally intended for residential purposes but have been arranged for residential use from November 27, 1992 to January 19, 2007 (including cases where such housing has been renovated or rebuilt using state budget funds and tenants continue to be arranged to rent after January 19, 2007), the sale price shall be determined according to Clause 1 or Clause 2, Article 34 of Decree No. 34/2013/NĐ-CP.

3. The sale prices specified in Clause 1 and Clause 2 of this Article apply only to households that continue renting after the renovation or reconstruction of old housing, and are calculated based on the rental area recorded in the lease agreement prior to renovation or reconstruction; for additional rental areas arranged after renovation or reconstruction (if any), the sale price shall ensure recovery of investment costs.

4. For old housing specified in Clause 1 and Clause 2 of this Article that has been renovated or reconstructed and includes areas used for resettlement of other subjects not covered under Clause 1 and Clause 2 of this Article, the competent authority representing the owner of the housing shall arrange for leasing according to the social housing policy owned by the state or selling according to the current resettlement housing policy.

Article 36. Contract for Purchase and Sale of Old State-Owned Housing

1. The contract for purchase and sale of old state-owned housing must include the contents stipulated in Clause 2, Article 17 of Decree No. 34/2013/NĐ-CP and shall be drafted according to the model provided in Appendix XII attached hereto.

2. All parties must fully perform their rights and obligations in the purchase and sale of housing as prescribed in Decree No. 34/2013/NĐ-CP and in accordance with the commitments agreed upon in the purchase and sale contract.

Article 37. Exemption and Reduction of Purchase Price for State-Owned Housing

1. The exemption and reduction of the purchase price for state-owned housing (including land use fee and house price) shall only apply to tenants specified in Clause 1, Article 35 of this Circular and shall be implemented according to the principles set forth in Article 28 of Decree No. 34/2013/NĐ-CP.

2. The exemption and reduction of the land use fee when selling old state-owned housing shall only apply to the residential land area within the limit set by the provincial People's Committee where the housing is located.

3. The level of exemption and reduction of the land use fee for those purchasing old housing is defined as follows:

a) For subjects who are veterans as stipulated in Clause 2, Article 16 of Decree No. 34/2013/NĐ-CP when purchasing old state-owned housing, the exemption and reduction of the land use fee shall be carried out according to the following decisions:

- Decision No. 118/TTg dated February 27, 1996 of the Prime Minister on supporting veterans to improve their housing conditions;

- Decision No. 20/2000/QĐ-TTg dated February 3, 2000 of the Prime Minister on supporting individuals who participated in revolutionary activities before the August Revolution of 1945 to improve their housing conditions;

- Decision No. 117/2007/QĐ-TTg dated July 25, 2007 of the Prime Minister amending and supplementing certain provisions of Decision No. 118/TTg dated February 27, 1996 of the Prime Minister on supporting veterans to improve their housing conditions and Article 3 of Decision No. 20/2000/QĐ-TTg dated February 3, 2000 of the Prime Minister on supporting individuals who participated in revolutionary activities before the August Revolution of 1945 to improve their housing conditions.

b) For subjects specified in Points n and o of Clause 2, Article 16 of Decree No. 34/2013/NĐ-CP when purchasing old state-owned housing, they shall be granted a 60% reduction in the land use fee payable.

In the case of poor households, the 60% reduction in the land use fee applies to the entire household. For example, if Mr. A's household is a poor household consisting of three members named in the housing lease contract, then when purchasing housing, they will only be granted a 60% reduction in the land use fee payable.

4. The level of reduction in the house price for subjects specified in Clause 3, Article 29 of Decree No. 34/2013/NĐ-CP is calculated annually and implemented as follows:

a) For each year of service, the purchaser shall be granted a corresponding reduction equal to 0.69 times the minimum wage applicable to civil servants, public officials, and employees or 1.24 times the minimum wage applicable to military personnel.

Example: If Mr. A has 20 years of service and the minimum wage at the time of signing the housing purchase contract is 1,150,000 VND, then the calculation of the reduction in the house price for Mr. A would be: 1,150,000 VND x 0.69 x 20 years = 15,870,000 VND; if Mr. A is military personnel, the calculation of the reduction in the house price would be: 1,150,000 VND x 1.24 x 20 years = 28,520,000 VND;

b) For veterans, poor households, disabled persons, and single elderly individuals with years of service for which the calculated reduction amount is less than 6.9 times the minimum wage, they shall be entitled to a reduction of 6.9 times the minimum wage. If these subjects do not have years of service, they shall be entitled to a reduction equal to 6.9 times the minimum wage.

Example: Mr. B is a veteran with 5 years of service; if calculated based on years of service, the reduction in the house price will be less than 6.9 times the minimum wage (1,150,000 VND x 1.24 x 5 years = 7,130,000 VND). Therefore, Mr. B shall be entitled to a reduction of exactly 6.9 times the minimum wage (1,150,000 VND x 6.9 = 7,935,000 VND); if Mr. B does not have years of service, he shall be entitled to a reduction of 6.9 times the minimum wage, which is 7,935,000 VND.

Article 38. Provisions on the resolution of the area of housing and residential land used in common and the area of land adjacent to housing owned by the State

1. For the area of housing and residential land used in common within the compound of housing with multiple households as stipulated in Clause 1, Article 35 of Decree No. 34/2013/NĐ-CP, it shall be resolved as follows:

a) The area of housing and residential land used in common recognized must meet the following conditions:

- The person proposing recognition of the common usage area must be the owner of the entire housing area that the State has sold (the entire housing area has been issued a Certificate of Ownership or the sale of housing has just been completed);

- The owner of the entire housing area must submit a request for resolution to recognize the entire common usage area;

- The area of housing and residential land used in common must not have any disputes or complaints.

b) The amount of money for housing and land use fees for the common usage area of housing and residential land shall be implemented according to the provisions of Clause 1, Article 35 of Decree No. 34/2013/NĐ-CP, and no exemption or reduction of land use fees shall be applied when recognizing this area.

2. In cases where the area of housing and residential land used in common does not meet the conditions specified in Point a, Clause 1 of this Article, the housing management agency and the operation management unit shall be responsible for strictly managing this common usage area (establishing files on the number of houses with common usage areas, total unsold common usage areas, current usage status, etc.).

3. For the area of land adjacent to old housing located within the compound of such housing, it shall be resolved as follows:

a) The adjacent land area must fall under one of the following cases:

- The case where the housing was valued according to the legal regulations on valuing housing before July 5, 1994 (the date of issuance of Decree No. 61/CP on the purchase and sale of housing), but the user has not yet been recognized the right to use the adjacent land area;

- The case where the housing was sold according to Decree No. 61/CP on the purchase and sale of housing, but the user has not yet been recognized the right to use the adjacent land area;

- The case where the housing was sold according to the provisions of Decree No. 34/2013/NĐ-CP and this housing has an adjacent land area.

b) The amount of land use fee for the adjacent land area shall be implemented according to the provisions of Point b, Clause 2, Article 35 of Decree No. 34/2013/NĐ-CP; the exemption or reduction of land use fees for the adjacent land area shall be carried out according to the provisions of Articles 28 and 29 of Decree No. 34/2013/NĐ-CP.

4. For the adjacent area to housing owned by the State but outside the compound of housing owned by the State, it shall be resolved according to the laws on land.

5. For the case of constructing housing on vacant land within the compound of housing owned by the State, which does not fall under the cases stipulated in Clause 3 of this Article, if the area is consistent with the housing construction planning and there are no disputes or complaints, the user of this housing shall be recognized by the State the right to use the land. The person recognized the right to use the land must pay 100% of the land use fee according to the effective land price for residential land issued by the provincial People's Committee at the time of recognizing the right to use the land, and the person recognized the right to use the land shall not be exempted or reduced from the land use fee for this area.

6. The provincial People's Committee shall be responsible for guiding specific documents, procedures, and processes for resolving the cases stipulated in this Article.

Article 39. Methods for Determining the Remaining Value of State-Owned Housing and Adjustment Coefficients for the Use Value of Old Housing

1. The method for determining the remaining value of old state-owned housing when selling housing to tenants as stipulated in this Circular shall be implemented in accordance with the provisions of Joint Circular No. 13/LB-TT dated August 18, 1994, issued by the Ministry of Construction - Ministry of Finance - Government Price Committee on guiding the method for determining the remaining value of housing in the sale of state-owned housing to tenants.

2. The classification and grading of old housing as the basis for determining the selling price of housing according to the provisions of this Circular shall be carried out in accordance with the provisions of Circular No. 05-BXD/DT dated February 9, 1993, issued by the Ministry of Construction on guiding the method for determining usable area and grading housing.

3. The adjustment coefficient for the use value of old housing is specified as follows:

a) The adjustment coefficient for the use value of various types of housing, except for the type of housing specified in point b of this clause, is as follows:

- For the first floor and single-story houses, apply the coefficient: 1.2

- For the second floor, apply the coefficient: 1.1

- For the third floor, apply the coefficient: 1.0

- For the fourth floor, apply the coefficient: 0.9

- For the fifth floor, apply the coefficient: 0.8

- For floors six and above, apply the coefficient: 0.7

b) The adjustment coefficient for the use value of multi-story housing with multiple households in apartment-style structures is specified as follows:

- For the first floor, apply the coefficient: 1.0

- For the second floor, apply the coefficient: 0.8

- For the third floor, apply the coefficient: 0.7

- For the fourth floor, apply the coefficient: 0.6

- For the fifth floor, apply the coefficient: 0.5

- For floors six and above, apply the coefficient: 0.4

c) The allocation coefficient for each floor when transferring land use rights is specified as follows:

Article 40. Provisions on the Conversion of the Function of State-Owned Student Housing

1. The conversion of the function of state-owned student housing can only be carried out if one of the cases stipulated in Clause 2, Article 25 of Decree No. 34/2013/NĐ-CP occurs.

2. The procedures and formalities for converting the function of student housing shall be implemented as follows:

a) The representative body of the owner of student housing must prepare a dossier on the housing requesting a functional conversion and report it to the Ministry of Construction for examination and approval. The dossier requesting the conversion of the housing function includes:

- A report on the current status of student housing usage at the time of requesting the conversion of the function;

- A presentation report explaining the reasons for the conversion of the housing function and supporting documents proving the necessity of the conversion;

- The decision of the competent authority approving the detailed planning of the student housing area to be converted (if applicable);

- A management and utilization plan for student housing after the conversion of the function;

- Other relevant documents (if applicable).

b) Based on the dossier provided by the representative body of the owner of student housing, the Ministry of Construction has the responsibility to coordinate with related agencies to organize the inspection and examination of the dossier and report to the Prime Minister for consideration and decision to allow the conversion of the function;

c) After receiving the Decision allowing the conversion from the Prime Minister, the representative body of the owner of student housing may implement the conversion of the housing function according to the regulations.

3. In case the representative body of the owner wishes to sell student housing that has been converted in function, they must submit a report to the Ministry of Construction for examination and report to the Prime Minister for permission before implementing the sale. The procedures and formalities for selling the housing are carried out according to the guidelines of the Ministry of Construction for specific cases.

Article 41. Provisions on the Continuation of the Implementation of Selling Old State-Owned Housing

1. In cases where housing or non-housing buildings that have been arranged for use before November 27, 1992, and the tenant has submitted an application to purchase housing before the effective date of Decree No. 34/2013/ND-CP, the continuation of implementation shall be carried out according to the following provisions:

a) In cases where, by the effective date of Decree No. 34/2013/ND-CP, both parties have signed a housing sale contract, they shall continue to fulfill their financial obligations to the State in accordance with the signed contract, and the seller shall be responsible for transferring the housing sale dossier to the competent authority to issue the Certificate of Ownership for the buyer in accordance with the procedures stipulated before the effective date of Decree No. 34/2013/ND-CP;

b) In cases where, by the effective date of Decree No. 34/2013/ND-CP, the seller has not yet approved the sale price of housing, land use rights transfer price, and has not signed a housing sale contract, the housing management agency does not need to re-determine the sale price of housing and land use rights transfer price, nor does it need to submit to the State owner's representative agency for issuance of the Decision on Selling Housing. The housing management agency shall be responsible for reviewing the dossier; if the housing meets the conditions for sale as prescribed in Decree No. 34/2013/ND-CP, it shall sign a housing sale contract with the buyer at the approved price and be responsible for completing the remaining sale procedures in accordance with Decree No. 34/2013/ND-CP and this Circular. If the housing does not meet the conditions for sale, the housing management agency must notify in writing the reasons for the housing operation management unit to inform the applicant;

In case the housing unit does not meet the conditions for sale, the housing management authority must issue a notification document clearly stating the reasons for the housing operation management unit to inform the person submitting the application.

c) In cases where the buyer has submitted an application to purchase housing before the effective date of Decree No. 34/2013/ND-CP but does not fall under the provisions of Points a and b of this Clause, the sale of housing shall be carried out according to the procedures and formalities prescribed in Decree No. 34/2013/ND-CP and this Circular, but apply the mechanism, sale price for tenants as prescribed in Decree No. 61/CP on the sale and business of housing, Resolution No. 23/2006/NQ-CP dated September 7, 2006 of the Government on some solutions to accelerate the progress of selling state-owned housing to tenants as prescribed in Decree No. 61/CP, and Resolution No. 48/2007/NQ-CP dated August 30, 2007 of the Government on adjusting the main contents of policies for selling state-owned housing to tenants as prescribed in Decree No. 61/CP.

In cases where the applicant has submitted a dossier along with the application to purchase housing, the housing management agency shall cooperate in reviewing and only request the applicant to supplement missing documents as prescribed in Decree No. 34/2013/ND-CP and this Circular; if the dossier is complete, it shall be processed according to the procedures prescribed in this Circular. In cases where the applicant has only submitted an application, the housing operation management unit shall notify the applicant to supplement missing documents as prescribed in this Circular to establish a dossier before reporting to the housing management agency for consideration.

2. In cases where housing or non-housing buildings that have been arranged for use before November 27, 1992, and the tenant submits an application to purchase housing after the effective date of Decree No. 34/2013/ND-CP, the housing management agency shall implement the sale of this housing according to the mechanism, sale price, and procedures prescribed in Decree No. 34/2013/ND-CP.

3. In cases where housing or non-housing buildings that have been arranged for use from November 27, 1992, to January 19, 2007 (including cases where applications to purchase housing were submitted before and after the effective date of Decree No. 34/2013/ND-CP), the housing management agency shall sell this housing according to the mechanism, sale price, and procedures prescribed in Decree No. 34/2013/ND-CP.

Chapter IV

IMPLEMENTATION

Article 42. Responsibilities of Ministries and Relevant Agencies

1. Ministries and agencies currently managing state-owned housing funds must strictly manage and effectively utilize such housing funds.

2. For old state-owned houses under the management of central ministries and agencies, they shall transfer them to the People's Committee of the province where the houses are located for acceptance and management in accordance with Decree No. 34/2013/NĐ-CP. In cases where houses that were not originally intended for residential purposes but were arranged for residential use before January 19, 2007 and the agency still needs to continue using them, they must submit a report detailing the reasons for continued use to the People's Committee of the province where the houses are located.

In cases where the managing agency cannot be identified, from the date Decree No. 34/2013/NĐ-CP takes effect, the People's Committee of the province where the houses are located shall direct the Construction Department to accept and establish management files for renting and selling old houses according to Decree No. 34/2013/NĐ-CP and this Circular.

3. For old state-owned housing funds managed by the Ministry of National Defense, the Ministry of National Defense shall review and re-statistic the number and current status of houses and issue procedures for renting and selling these houses based on this Circular. The management and use of proceeds from renting and selling old state-owned houses managed by the Ministry of National Defense shall be carried out in accordance with Article 9 of Decree No. 34/2013/NĐ-CP and guidelines issued by the Ministry of Finance.

4. Direct subordinate housing management agencies to develop plans for constructing and renovating social housing and student housing under their management, submit these plans for approval by the central ministries and agencies, and regularly report on the management and use of state-owned houses under their management as stipulated.

5. Ministries and agencies with state-owned housing funds are responsible for reporting periodically or urgently to the Ministry of Construction on the management and use of state-owned houses under their management as stipulated in Decree No. 34/2013/NĐ-CP and this Circular.

6. Supervise, monitor, and handle violations in the management and use of state-owned houses under their management within their authority or refer to competent authorities for handling.

Article 43. Responsibilities of Provincial People's Committees

1. Direct the Construction Department to coordinate with relevant agencies to review, categorize, and complete legal procedures to establish full public ownership over old houses required to be fully publicly owned but not yet established as such; organize the acceptance of old housing funds in the locality for management and rental and sale according to regulations.

2. Set rental, purchase rental, and sale prices for state-owned houses under their management in the locality; set service fees for managing and operating state-owned houses uniformly in the locality (including those managed by central agencies).

3. Direct the Construction Department to strengthen personnel and improve organizational structures for managing state-owned houses under the department to effectively manage rental, purchase rental, and sale of state-owned houses in the locality according to regulations.

4. Based on this Circular, adjust the management tasks of renting, purchase rental, and sale of state-owned houses of related agencies and units in the locality; issue specific procedures for renting, purchase rental, and sale of state-owned houses and procedures for transferring and accepting self-managed housing funds in the locality.

5. Manage rental, purchase rental, and sale proceeds of state-owned houses in accordance with Decree No. 34/2013/NĐ-CP; allocate funds to build databases on housing to support management work and report on the management and use of state-owned houses.

6. Supervise, monitor, and handle violations in the management of rental, purchase rental, and sale of state-owned houses in the locality within their authority or refer to competent authorities for handling.

7. Report periodically or urgently to the Prime Minister and the Ministry of Construction on the management and use of state-owned houses under their management in the locality as required.

8. Carry out other tasks assigned by the Government.

Article 44. Responsibilities of the Construction Department

1. Assist the provincial People's Committee in performing state management functions over state-owned housing under its management; take the lead in establishing the Council to determine the selling price of old state-owned housing and implement leasing, lease-purchase, and sale of state-owned housing within its jurisdiction.

2. Take the lead in coordinating with local functional agencies to establish rental, lease-purchase, and selling prices for state-owned housing under its management, and service management and operation prices for housing within its jurisdiction to be submitted to the provincial People's Committee for issuance.

3. Organize the planning for construction and renovation of state-owned housing under its management within its jurisdiction, submit such plans to the provincial People's Committee for approval; prepare plans and budget estimates for common property maintenance costs to be submitted to the provincial People's Committee for approval and organize the implementation of maintenance for this area.

4. Establish and complete files on state-owned housing under its management within its jurisdiction, ensuring that all state-owned housing under its management have complete housing files.

5. Select and assign or enter into contracts with units having the function and capacity to manage and operate housing to carry out the management and operation of state-owned housing within its jurisdiction.

6. Inspect, monitor, and handle violations related to the management and use of state-owned housing within its jurisdiction according to its authority, or report to competent authorities for handling in accordance with regulations.

7. Strengthen personnel and improve the organizational structure of subordinate units to effectively manage and use, lease, lease-purchase, and sell state-owned housing within its jurisdiction.

8. Regularly or urgently report to the provincial People's Committee and the Ministry of Construction on the situation regarding the management and use of state-owned housing within its jurisdiction.

9. Perform other tasks assigned.

Article 45. Responsibilities of the Housing Management and Real Estate Market Administration

1. Assist the Minister of Construction in guiding and urging localities nationwide to implement Decree No. 34/2013/ND-CP and this Circular.

2. Monitor and organize inspections of the implementation of management of leasing, lease-purchase, and sale of state-owned housing throughout the country.

3. Summarize and report periodically on the implementation status to the Minister of Construction for amendments and supplements to this Circular or propose the Government to consider amending and supplementing policies on the management and use of state-owned housing.

Article 46. Effective Date

1. This Circular takes effect from November 5, 2013.

2. Repeal Circular No. 17/2009/TT-BXD dated June 30, 2009, issued by the Minister of Construction on guidelines for determining the rental price of student housing funded by state budget.

3. Repeal the following provisions:

a) The provisions in Chapter II (including Articles 3, 4, 5, 6, 7, 8, 9, and Article 10) and related contents on the management and use of student housing as stipulated in Circular No. 13/2009/TT-BXD dated June 30, 2009, issued by the Minister of Construction on guidelines for leasing and managing student housing, industrial worker housing, and Appendix No. 01a, 01b attached to Circular No. 13/2009/TT-BXD;

b) Articles 14, 15, 16, and 17 of Circular No. 16/2010/TT-BXD dated September 1, 2010, issued by the Minister of Construction detailing and guiding certain contents of Decree No. 71/2010/NĐ-CP dated June 23, 2010, issued by the Government guiding detailed implementation of the Law on Housing;

4. Provisions on the management of leasing, lease-purchase, and sale of state-owned housing in provincial People's Committee documents that differ from the provisions of this Circular shall be implemented in accordance with the provisions of this Circular.

5. In case difficulties or obstacles arise during implementation, please send comments to the Ministry of Construction for amendment and supplementation within its authority, or submit to the Prime Minister or the Government for consideration and decision./.