Decision No. 189/1998/QĐ-TTg On the Sale of Villas in Hanoi City

Pursuant to …;

Regarding the sale of villas in Hanoi City

____________________________

 CHAIRMAN OF THE GOVERNMENT

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 Hanoi City (document No. 991/ĐA-UB dated April 18, 1998) and that of the Central Steering Committee for Housing and Land Policy (document No. 18/TTr-BCĐ-QLN dated May 19, 1998),

DECISION:

Article 1. The People's Committee of Hanoi City is hereby permitted to sell state-owned villas (excluding those not for sale as specified by the city) to lawful 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).

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

1. House Price:

a) The selling price of a villa shall be applied according to the provisions of Decree No. 61/CP. In cases where there are other houses within the villa compound owned by 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 a villa with multiple households residing (based on the number of households with contracts for renting state-owned houses and those using houses of other ownership) sharing common areas (such as corridors, staircases...), the price of such shared areas shall be allocated among the households based on the proportion of each household's usable area.

c) For a villa with multiple households residing (based on the number of households with contracts for renting state-owned houses and those using houses of other ownership) having less favorable areas (garages, basements, attic rooms, loft rooms), the prices of these areas shall be reduced by up to a maximum of 50% of the price of the corresponding villa category. The People's Committee of Hanoi City shall specify 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 land use quota prescribed by the city for each household shall be calculated at 40% of the land price set by the city according to the government's price range. For the portion of land exceeding the city-prescribed land use quota for each household, it shall be calculated at 100% of the land price set by the city according to the government's price range.

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

- The non-disputed privately used land area;

- The land area for multi-story buildings with multiple households already allocated to households based on their respective usable house areas in accordance with the floor coefficient stipulated in Decree No. 61/CP.

- The shared land area within the villa compound allocated to households based on the number of households with contracts for renting state-owned houses and those using houses of other ownership. The People's Committee of Hanoi City shall specify the details of allocating this shared 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 multi-story buildings with multiple households and then for other portions.

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

Article 3. The People's Committee of Hanoi City shall be responsible for:

1. For villas with encroached areas, unauthorized construction, or disputes within the villa compound, investigations, reviews, classifications, and handling must be conducted according to current regulations before selling.

2. Establishing management, usage, renovation, and beautification regulations for villas after sale to ensure compliance with urban planning, architecture, landscape, and environmental requirements.

3. Based on specific city conditions, developing residential projects and appropriate plans and measures to relocate households currently residing in villas not for sale to enhance effective utilization.

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

Article 4. The Ministry of Construction shall monitor and urge the implementation of this Decision in accordance with 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 Hanoi City, the Head of the Central Steering Committee for Housing and Land Policy, the Minister of Construction, the Minister of Finance, the Director of the General Department of Land Administration, the Head of the Government Pricing Board, and the heads of related agencies are responsible for enforcing this Decision.