Decision No. 188/1998/QĐ-TTg on the sale of villas in Ho Chi Minh City

DECISION OF THE PRIME MINISTER

Regarding the sale of villas in Ho Chi Minh City

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to Decree No. 61/CP dated July 5, 1994 of the Government on the purchase and sale of housing;

Considering the proposal of the People's Committee of Ho Chi Minh City (Circular No. 2959/CV-UB-QLĐT dated August 7, 1998) and the Central Steering Committee for Housing Policy (Circular No. 28/TTr-BCĐ dated September 17, 1998),

DECISION:

Article 1. The People's Committee of Ho Chi Minh City is permitted to sell state-owned villas within the city center with areas of 500 square meters or more (excluding villas not for sale as specified by the city) to legal tenants according to the provisions of Decree No. 61/CP dated July 5, 1994 of the Government on the purchase and sale of housing (hereinafter referred to as Decree No. 61/CP).

For villas with areas larger than 1000 square meters, the People's Committee of Ho Chi Minh City needs to consider each case specifically to decide whether to sell or use them for more effective purposes.

Article 2. The selling price of villas (including the price of the house and land) is regulated as follows:

1. House price:

a) The selling price of villas shall be applied according to the provisions of Decree No. 61/CP. In cases where there are other houses within the villa area that belong to the state, the prices of these houses shall be calculated based on the corresponding house grade prices stipulated in Decree No. 61/CP.

b) For villas with multiple households residing (based on the number of households with contracts for renting state-owned houses and households using houses under other ownerships) with shared common areas (such as corridors, staircases...), the price of these common areas will be allocated among the households using them in proportion to the usage area of each household.

c) For villas with multiple households residing (based on the number of households with contracts for renting state-owned houses and households using houses under other ownerships) with less favorable areas (garages, basements, attic rooms, mezzanine floors), the prices of these areas will be reduced by up to a maximum of 50% of the villa grade price. The People's Committee of Ho Chi Minh City is tasked with specifying the details of this price reduction.

2. Land price:

a) The portion of land area (including the land area for multi-story buildings with multiple households) within the residential land quota defined by the city for each household shall be calculated at 40% of the land price set by the city according to the government's pricing framework. For the portion of land area exceeding the residential land quota defined by the city for each household, it shall be calculated at 100% of the land price set by the city according to the government's pricing framework.

b) The land area for calculating land use fees for each household includes:

The non-disputed land area used individually;

The land area for constructing multi-story buildings with multiple households, which has been allocated to households based on their respective house usage areas in accordance with the floor coefficient stipulated in Decree No. 61/CP.

The common land area within the villa compound, which is allocated to households using it (based on the number of households with contracts for renting state-owned houses and households using houses under other ownerships). The People's Committee of Ho Chi Minh City is tasked with specifying the allocation of this land area in accordance with actual conditions.

c) The calculation of land use fees for each household shall be carried out first for the land area for constructing multi-story buildings with multiple households, then for other portions.

3. Current exemption and reduction policies in the state-owned housing sales policy for tenants also apply to the sale of villas as stipulated in this Decision.

Article 3. The People's Committee of Ho Chi Minh City is responsible for:

1. For villas with encroachment areas, unauthorized construction, or disputes within the villa compound, they must conduct investigations, reviews, classifications, and handle them according to current regulations before selling.

2. Establishing management, use, renovation, and beautification regulations for villas after sale to ensure compliance with the city's planning, architecture, landscape, and environmental requirements.

3. Based on the specific conditions of the city, developing housing projects and appropriate plans and measures to relocate households currently living in villas not for sale to achieve more effective utilization.

4. According to the provisions of this Decision, seek opinions from relevant ministries and departments, resolve arising issues during implementation in accordance with actual conditions; strictly implement; regularly report to the Prime Minister and the Central Steering Committee for Housing Policy on the results of implementing this Decision.

Article 4. The Ministry of Construction is responsible for monitoring and urging the implementation of this Decision according to its functions and responsibilities.

Article 5. This Decision shall take effect fifteen days from the date of signature.

Article 6. The Chairman of the People's Committee of Ho Chi Minh City, the Head of the Central Steering Committee for Housing Policy, the Minister of Construction, the Minister of Finance, the Director of the General Department of Land Administration, the Head of the Government Price Board, and the Heads of related agencies are responsible for enforcing this Decision./.