Circular No. 177/2011/TT-BQP stipulates the subjects, conditions, principles, procedures, and formalities for participating in housing development projects with policy support and resolving housing policies within the Military.

CIRCULAR

Provisions on subjects, conditions, principles, procedures, and formalities for participating in policy housing and land development projects and resolving housing policies within the Military

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          Based on the Law on Housing dated November 29, 2005;

          Based on the Officer Law of the Vietnam People's Army in 1999 and its amendments and supplements in 2008;

          Based on Decree No. 104/2008/NĐ-CP dated September 16, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

          Considering the proposal of the Director of the General Political Department;

          The Minister of National Defense stipulates the subjects, conditions, principles, procedures, and formalities for participating in policy housing and land development projects and resolving housing policies within the Military as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

          1. This Circular stipulates the subjects, conditions, principles, procedures, and formalities for participating in policy housing and land development projects and resolving housing and land policies for officers, non-commissioned officers, civil servants, public officials, and defense workers currently working in the Military.

          2. Commercial housing and official housing do not fall within the scope of regulation of this Circular.

Article 2. Applicability

          1. Officers, non-commissioned officers, civil servants, public officials, and defense workers (hereinafter referred to collectively as cadres and staff) currently working in the Military who have not yet benefited from state and Ministry of National Defense housing and land policies.

          2. Agencies, units, organizations, enterprises (hereinafter referred to collectively as agencies and units) and individuals related to the examination of subjects, conditions, principles, procedures, and formalities for participating in housing and land development projects and resolving housing and land policies for cadres and staff in the Military.

          Article 3. Conditions for Participation

          Cadres and staff must meet all of the following conditions to be eligible for consideration to participate in policy housing and land in the Military:

          1. Having at least ten years of service both within and outside the Military (time served outside the Military only counts during the period when they were on the payroll and receiving salary from the state budget);

          2. Not having benefited from housing and land policies (either from the wife's side or the husband's side) under any of the forms prescribed in Article 4 of this Circular;

          3. Submitting an application to participate in housing and land development projects upon notification from the competent authority (using Form No. 1, Appendix 1 attached to this Circular).

          Article 4. Forms of Policy Housing and Land

          1. State and local authorities allocating residential land according to laws on land.

          2. Renting or purchasing state-owned housing according to laws on housing.

          3. Purchasing or renting social housing.

          4. Types of housing and land in family housing projects, military cadre housing projects of the Ministry of National Defense, and other projects approved by the Ministry of National Defense for sale to cadres and staff currently working in the Military; low-income housing; housing and land in projects for civil servants and public officials of various ministries, departments, and local government agencies.

          5. Housing and land as specified in Clauses 1, 2, 3, and 4 of this Article, but obtained through compensation for state-reclaimed housing and land due to renovation of old dilapidated buildings, in accordance with laws on compensation, support, and resettlement.

          6. Improving housing through other forms as prescribed by law (except in cases where such improvement was previously supported under Directive No. 1149/CT-QP dated September 16, 1986 of the Minister of National Defense regarding the implementation of policies for retired senior cadres and surplus cadres).

Chapter II

PRINCIPLES, PROCEDURES, AND MANAGEMENT OF SUBJECTS BENEFITING FROM POLICY HOUSING AND LAND IN THE MILITARY

          Article 5. Principles and Authority for Examination

          1. Principles for Examination.

          a) Transparency, fairness, correct targeting, and standards, ensuring that no cadre or staff member benefits twice from state and Military housing and land policies.

          b) Implementing examinations for cadres and staff participating in housing and land development projects by ranking total points from highest to lowest. In cases where both spouses work in the Military, the higher scoring spouse will be considered, and additional points will be added.

          c) Points for salary and rank of defense civil servants, public officials, and defense workers (hereinafter referred to collectively as defense civil servants, public officials, and defense workers) are based on their current salary coefficient, converted equivalently to the officer rank salary coefficient.

          d) In cases where scores are equal, priority will be given in the following order: those who have made contributions to the revolution; main relatives of those who have made contributions to the revolution as defined in the Preferential Treatment Ordinance for Those Who Have Made Contributions to the Revolution; those who have participated in combat; those who have served in combat; and military age.

||| For housing funds and residential land funds of ministries, agencies, localities, social housing, and housing for low-income individuals, implement according to the regulations and guidance of relevant ministries, agencies, localities, and the provisions of this Circular.

||| 2. Competent authority to review

||| The review of participants in housing development projects and the resolution of housing policies of agencies and units shall be directly reviewed by the Party Committee (Standing Committee), with the Policy and Housing Board of the agency or unit assisting the Party Committee.

||| In special cases, it shall be decided by the Head of the Ministry of National Defense.

||| Article 6. Method of calculating points

||| The total number of points is the sum of the following eight contents:

||| 1. Points for years of service:

||| a) Each year of service in the Military results in 2.0 points;

||| b) Each year of service outside the Military as stipulated in Clause 1, Article 3 of this Circular results in 1.0 point;

||| c) Each year of participation in combat and support during anti-war resistance, national defense wars, and international duties results in 2.0 points;

||| d) Years of service in areas entitled to regional allowances as prescribed by the Government's regulations on salary systems for officials, civil servants, public employees, and armed forces personnel are calculated as follows:

||| - Service in areas entitled to a regional allowance level of 1.0 with a special allowance rate of 100% results in 1.0 point per year;

||| - Service in areas entitled to a regional allowance level of 0.7, an attraction allowance rate of 70%, a special allowance rate of 50%, and a hazardous and dangerous allowance rate of 0.4 results in 0.7 point per year;

||| - Service in areas entitled to other levels of regional, special, hazardous and dangerous, and attraction allowances results in 0.5 point per year;

||| d) A full year of service is counted as 12 months. If there are fractional months, they are calculated as follows: from 1 month to 6 months inclusive, it is counted as half a year and receives half the points, and more than 6 months is counted as a full year and receives full points.

||| 2. Points for rank of officers, non-commissioned officers, and salary grade of civil servants, public employees, and defense workers equivalent to officer rank.

||| a) Points for rank of officers:

||| b) Points for rank of non-commissioned officers: Non-commissioned officers are assigned points based on the equivalent officer rank;

||| c) Points for salary grade of civil servants, public employees, and defense workers:

||| 3. Points for position (only the highest position held is counted):

||| 4. Points for officers and staff not holding command and management positions:

||| a) For officers, based on the highest military rank of their current position to determine the equivalent position group, but one rank lower than those officers holding command and management positions;

||| b) Non-commissioned officers follow the rank they currently hold;

||| c) Points for the equivalent position of civil servants, public employees, and defense workers: based on the salary coefficient already converted to the equivalent salary coefficient of officers (Point c, Clause 2, this Article) and compared with the table of points for officers not holding command and management positions as specified in Point a, Clause 4 of this Article to calculate the points.

||| 5. Points for titles, academic degrees, and academic titles (only the highest scoring type is counted):

||| a) Hero of the People's Armed Forces, Labor Hero: 5.0 points;

||| b) Professor; People's Teacher; People's Doctor; People's Artist: 4.0 points;

||| c) Associate Professor; Distinguished Teacher; Excellent Doctor; Excellent Artist; Doctorate: 3.0 points.

||| 6. Points for medals: Implemented according to the provisions of the Law on Encouragement and Reward (only the highest scoring medal is counted; annual medals are not counted), specifically as follows:

||| a) Golden Star Medal: 6.0 points;

||| b) Ho Chi Minh Medal: 5.0 points;

c) Independence Medal, Military Merit Medal, first class: 4.0 points; second class, third class: 3.0 points;

d) National Defense Medal; Combat Medal; Labor Medal, first class: 3.0 points; second class, third class: 2.0 points;

đ) Great Unity Medal. Bravery Medal: 2.0 points.

7. Reward points (only count points for the highest category):

a) National Model Worker: 2.0 points;

b) Model Worker of the Entire Military Force: 1.0 point.

8. Other policy points:

a) War invalid points:

Class 1/4 war invalid: 6.0 points; Class 2/4: 5.0 points; Class 3/4: 4.0 points; Class 4/4: 3.0 points;

b) Points for relatives of martyrs and war invalids including: spouse, husband, father, mother, adoptive father, adoptive mother, biological child, legally adopted child according to the law:

- Relative of martyr: 5.0 points;

- Relative of Class 1/4 war invalid: 3.0 points; Class 2/4: 2.0 points; Class 3/4 and Class 4/4: 1.0 point;

c) Points for children of war invalids:

Child of Class 1/3 war invalid: 2.0 points, Class 2/3: 1.0 point.

d) Points for couples working together in the Military: 2.0 points.

Article 7. Procedures and formalities for review

1. For housing funds and land funds under the authority of the agency or unit.

a) Based on the contract signed between the agency or unit and the project investor and the progress of the project implementation, the Housing and Land Policy Steering Committee of the agency or unit reports to the Party committee and unit command on the following contents:

- The number of houses and lands reserved for officers and staff to participate in the project;

- Objectives, conditions, principles of review and procedures (as stipulated in this Circular);

- Principles for arranging participants into apartments (area, location, orientation...);

- Sale price according to the decision of the competent authority (capital mobilization form implemented according to the provisions of Article 9 of Decree No. 71/2010/NĐ-CP dated June 23, 2010 of the Government detailing and guiding the implementation of the Law on Housing; Clause 2, Article 15 of Circular No. 196/2010/TT-BQP dated November 26, 2010 of the Minister of National Defense on the division of responsibilities for organizing the implementation of housing development projects for military officers' families);

- Deadline for submission and end date for receipt of applications;

- Other related contents.

b) The Housing and Land Policy Steering Committee publicly announces within the agency or unit the decisions of the Party committee and unit command on the contents approved at Point a of this Clause and disseminates relevant information about the project, guiding officers and staff:

- Those who need housing should submit an application to participate in the project;

- Self-calculate policy points (according to Form No. 2, Appendix 1 issued with this Circular);

- In cases where officers and staff are veterans or main relatives of veterans as stipulated in Point d, Clause 1, Article 5 of this Circular, they must have a confirmation letter from the policy office;

- Officers and staff whose spouses work outside the military units must have a confirmation letter from the personnel organization department concluding that they have not been resolved regarding housing or land under any of the forms specified in Article 4 of this Circular;

c) Participants must submit their application forms, self-calculated score sheets, and confirmation letters from the policy office (if applicable) to the Housing and Land Policy Steering Committee of the agency or unit (through the personnel office);

d) The personnel office is responsible for:

- Compiling applications and reviewing the eligibility, conditions, and self-assessed policy points of officers and staff;

- Creating a list of eligible officers and staff in descending order of policy points, while arranging participants into apartments according to the points and allocation principles decided by the Party committee and unit command;

- Publicly announcing the list and proposed allocation plan for comments;

đ) After 15 days of public announcement of the list, the personnel office is responsible for compiling and reporting through the Housing and Land Policy Steering Committee to the collective Party committee of the agency or unit for approval of the list of officers and staff participating in the housing and land development project (according to Form No. 3, Appendix 1 issued with this Circular).

e) The Housing and Land Policy Steering Committee of the agency or unit reports to the Ministry of National Defense's Housing and Land Policy Steering Committee (through the Cadre Department/General Political Department, Barracks Department/Logistics General Department, the steering committee's permanent office) for review of the eligible participants in the housing and land policy project before reporting to the agency or unit commander for approval, the application file for review shall include:

- A request for review signed by the Housing and Land Policy Steering Committee of the agency or unit;

- A list of officers and staff participating in the housing and land project;

- Applications from officers and staff, confirmation letters (according to Model No. 1; Model No. 3, Appendix 1 issued together with this Circular);

g) Within no more than 20 days (from the date of receiving all required documents as stipulated in Point e Clause of this Article), the Cadre Department/General Political Department, Barracks Department/Logistics General Department shall provide their written review opinions and send them to the requesting agency or unit.

h) Based on the review results, the Housing and Land Policy Steering Committee reports to the agency or unit commander for signing the decision allowing officers and staff to participate in the housing and land project (according to Model No. 4, Appendix 1 issued together with this Circular).

In case there are differing opinions from the reviewing authority, the Housing and Land Policy Steering Committee of the agency or unit shall report to the Party Committee and the commander for consideration and decision.

If it is necessary to replace the participants, the process shall be repeated according to the above procedures for new cases.

i) The Housing and Land Policy Steering Committee announces the commander's decision; guides officers and staff to sign contracts at the designated time; informs the project developer and agrees on the time and location for receiving officers and staff to sign contracts.

k) Provide written explanations to officers and staff who were not approved, clarifying the reasons for not being granted housing and land.

l) The agency or unit shall implement the storage and management of files during the reporting and approval process according to regulations.

m) The Housing and Land Policy Steering Committee reports to the Ministry of National Defense's Housing and Land Policy Steering Committee (through the Cadre Department/General Political Department, the steering committee's permanent office) the list of officers and staff participating in the housing and land project of the agency or unit for management (according to Model No. 4, Appendix 1 issued, attached to this Circular).

2. For housing and land funds allocated by ministries, sectors, state agencies, and localities to agencies and units:

a) Implement according to the regulations and guidelines of ministries, sectors, state agencies, and localities. If ministries, sectors, state agencies, and localities allocate quotas to units for review, then review and approve officers and staff participation according to the regulations and guidelines of ministries, sectors, state agencies, and localities and the provisions of Clause 1 of this Article.

b) The Housing and Land Policy Steering Committee reports the results to the Ministry of National Defense's Housing and Land Policy Steering Committee for management (through the Cadre Department/General Political Department, according to Model No. 4, Appendix 1 issued, attached to this Circular).

3. For housing and land funds from projects directly directed by the Ministry of National Defense to implement or from the Ministry of National Defense's housing and land fund redistributed from projects assigned to agencies and units to implement:

a) The Central Military Commission Standing Committee, the head of the Ministry of National Defense reviews and decides the ratio and allocation of housing and land quotas (number of apartments) for agencies and units;

b) Agencies and units organize the review process according to the provisions of Clause 1 of this Article and report the application within no more than 30 days from the date the agency or unit receives the notification of housing quotas, the report includes:

- A request letter from the agency or unit;

- A list of officers and staff participating in the housing and land project;

- Applications from officers and staff to join the housing development project;

- A self-scoring sheet;

- Confirmation letter for those with meritorious service (if applicable);

(According to Models No. 1, 2, and 3, Appendix 1 issued, attached to this Circular).

c) The Cadre Department/General Political Department takes the lead, coordinating with relevant functional agencies to review and arrange participants to ensure fairness among agencies and units, submit for collective review by the General Political Department's leadership and report to the Minister of National Defense for decision;

d) Announce and guide agencies, units, and related individuals to organize the implementation of the Minister of National Defense's decision for officers and staff to participate in the housing and land project;

đ) Store and manage files during the reporting and decision-making process according to regulations.

Article 8. Management of beneficiaries of the housing and land policy

1. The personnel office at the division level and above shall take the lead in coordinating with the military service office and related offices within the unit to establish a management ledger for officers and staff members entitled to housing and land policies (in accordance with Model No. 5, Appendix 1 issued together with this Circular).

2. The personnel office shall take the lead in coordinating with the military service office and related offices:

Organize for officers and staff members to declare their housing conditions and rear support situations; housing needs of officers and staff members (in accordance with Model No. 6, Appendix 1 issued together with this Circular); declare once every three years and retain in the officers' and staff members' files;

Between declarations, if there are changes in housing and family rear support situations of officers and staff members, the personnel and military service offices shall be responsible for supplementing the changes in housing and family rear support situations of officers and staff members on the rear support form of officers and staff members according to the confidentiality regime.

3. When officers and staff members are transferred to another unit, the officers' and staff members' files must have clear confirmation from the officers and staff members' management office, conclusions by the unit commander regarding the implementation of housing and land policies for officers and staff members during the period of management by the unit, and the actual housing situation of officers and staff members before transferring to another unit (in accordance with Model No. 7, Appendix 1 issued together with this Circular).

Chapter III

RESPONSIBILITY FOR IMPLEMENTATION

9. Responsibilities of the Housing and Land Policy Steering Committee of the Ministry of National Defense and the Housing and Land Policy Steering Committees of various agencies and units

1. The Housing and Land Policy Steering Committee, established from the Ministry of National Defense down to the division level and equivalent (under a system where a head of an agency or unit concurrently serves as the Chairman), directly assists the Party committee and command of the agency or unit in directing the implementation of housing and land policies for officers and staff members under their jurisdiction.

2. The Housing and Land Policy Steering Committee of the Ministry of National Defense directly assists the Central Military Commission Standing Committee, the Minister of National Defense, in guiding agencies and units throughout the military to proactively develop housing funds within the military, unify the organization and implementation of the Party's, State's, and Ministry of National Defense's policies on resolving housing issues for officers and staff members currently working in the military.

3. The personnel office is the permanent office assisting the Housing and Land Policy Steering Committee of the agency or unit in implementing the provisions of Article 1 of this Circular.

Article 10. Responsibilities of the Political General Department

1. Take the lead in proposing policies for developing housing and land policies in the military.

2. Propose reports to the Central Military Commission Standing Committee and the Minister of National Defense for decisions on allocating quotas (number of units) of housing and land belonging to the Ministry of National Defense's housing and land fund to agencies and units.

3. Direct functional agencies to review and arrange participants in projects, report to the head of the Ministry of National Defense for decisions allowing officers and staff members to participate in housing and land projects belonging to the Ministry of National Defense's housing and land fund.

4. Inspect and guide agencies and units to implement the Party's, State's, and Ministry of National Defense's policies on resolving housing issues in the military and the provisions of this Circular.

Article 11. Responsibilities of Functional Agencies

1. The Personnel Bureau of the Political General Department:

a) Propose for examination and approval by the head of the Political General Department and report to the Central Military Commission Standing Committee and the head of the Ministry of National Defense for decision:

- Policies for developing housing and land policies in the military;

- Allocation of quotas of housing and land belonging to the Ministry of National Defense's housing and land fund and adjustment of the proportion of housing and land policy funds of agencies and units as prescribed;

- Report to the head of the Ministry of National Defense for decision on the participants in the development project and resolution of housing policies for officers and staff members in the military;

b) Lead and coordinate in reviewing and proposing arrangements for participants in housing and land policy projects belonging to the Ministry of National Defense's housing and land fund, report for examination and approval by the head of the Political General Department and report to the head of the Ministry of National Defense for decision;

c) Announce and guide agencies, units, and individuals concerned to organize the implementation of the head of the Ministry of National Defense's decisions;

d) Lead and inspect, guide personnel offices of agencies and units to assist political heads in advising the Party committee on examining and managing officers and staff members entitled to housing and land policies in accordance with the Cadre Work Regulations and the provisions of this Circular;

đ) Lead and coordinate with functional agencies to inspect and guide the management of officers' and staff members' files concerning the resolution of housing and land policies of agencies and units.

g) Take the lead and coordinate with the Military Personnel Department/General Staff Department and relevant agencies to develop software for managing beneficiaries of housing and land policies and uniformly resolving housing and land policies throughout the military.

2. Military Personnel Department/General Staff Department:

a) Coordinate with the Cadre Department to review and manage the number of cadres and staff benefiting from housing policies under the jurisdiction of the military.

b) Coordinate with the Cadre Department to develop software for managing beneficiaries of housing and land policies and resolving housing policies under the jurisdiction of the military.

3. Barracks Management Department/Logistics General Department:

a) Take the lead in inspecting and guiding the development and management of housing and land policy funds for cadres and staff.

b) Coordinate with the Cadre Department to review and manage participants in housing and land policy projects of the Ministry of National Defense.

c) Guide agencies and units to cooperate with project developers and local authorities to issue certificates of land use rights, ownership of houses, and other assets attached to land in accordance with laws on housing.

4. Finance Department of the Ministry of National Defense:

a) Take the lead and coordinate with relevant agencies to inspect, guide, and assess; propose prices for policy housing sales according to principles approved by the Ministry of National Defense.

b) Annually ensure operational funding for file work and management of beneficiaries of housing and land policies and resolution of housing policies for agencies, units, and the Ministry of National Defense.

5. Policy Department/Political General Department: Take the lead in guiding policy agencies of units to confirm beneficiaries under Point d Clause 1 Article 5 and Clause 8 Article 6 of this Circular.

6. Inspectorate of the Ministry of National Defense: Take the lead in guiding and resolving complaints and reports regarding housing and land policies of agencies and units within its authority.

Article 12. Responsibilities of Agencies and Units Subordinate to the Ministry of National Defense

1. Develop plans for developing housing and land policy funds for cadres and staff of their own agencies and units.

2. Be responsible for reviewing cadres and staff of their agencies and units participating in housing and land projects in accordance with prescribed procedures, formalities, and reporting deadlines set forth in this Circular.

3. Safeguard and strictly manage files on family rear areas of cadres and staff and related documents and files concerning the review of beneficiaries participating in housing and land policy projects and the process of resolving housing and land policies for cadres and staff of their agencies and units.

4. Resolve disputes, complaints, and reports within their authority.

Article 13. Responsibilities of Project Developers Providing Housing and Land for Cadres and Staff in the Military

Implement in accordance with state regulations and the Ministry of National Defense's housing and land policies for cadres and staff in the military.

Article 14. Rights and Responsibilities of Cadres and Staff Participating in Housing and Land Policy Projects in the Military

1. Have the right to submit applications to participate in housing and land projects when meeting the conditions stipulated in Article 3 of this Circular.

2. Have the right to request agencies and units to explain clearly any contents different from those self-declared in the application form and the self-assessment score sheet.

3. Have the right to request agencies and units to provide full information related to the project; enjoy benefits as prescribed by laws on housing and civil laws.

4. Have the right to lodge complaints in accordance with the law.

5. Fully and accurately declare all contents in the application form; fully implement commitments in signed contracts and comply with all legal provisions and regulations of the Ministry of National Defense on housing policies.

Chapter IV

IMPLEMENTING PROVISIONS

Article 15. Effective Date

This Circular shall take effect 45 days from the date of signature.

Article 16. Responsibility for Implementation

1. The Chief of the Political General Department is responsible for organizing the implementation of this Circular.

2. The Deputy Chiefs of the General Staff, Chiefs of the General Departments, and commanders of agencies and units are responsible for implementing this Circular./.