Directive No. 191/TTg on Promoting the Sale of State-Owned Housing to Tenants and Issuing Certificates of Ownership for Housing and Land Use Rights in Urban Areas

DIRECTIVE

Accelerating the sale of state-owned housing to tenants and

issuing certificates of ownership for housing and land use rights in urban areas

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To strengthen the management of housing and residential land in urban areas and accelerate the development of housing, on July 5, 1994, the Government issued Decree No. 60/CP on ownership of housing and land use rights in urban areas and Decree No. 61/CP on the purchase and sale of housing, and the Prime Minister instructed central ministries, sectors, and provincial/municipal people's committees to focus on directing the implementation of these decrees.

By now, most localities have established provincial steering committees for housing and residential land policies, and many localities have organized the implementation of the Government's decrees and achieved initial results.

However, more than one year after implementation, progress has generally been slow, results have been limited, failing to meet management requirements and public expectations, and some localities have not implemented the Government's decrees properly.

The main reasons are that the housing and residential land sector, which is inherently complex, has been poorly managed for many years, making it difficult to address existing issues. Many localities have not fully understood the policies and requirements set forth by the Government. Therefore, there has been a lack of focused and regular guidance from provincial people's committees, insufficient coordination among functional agencies and local people's committees, and inadequate mobilization of necessary forces to implement the policies.

To accelerate the sale of state-owned housing to tenants and issue certificates of ownership for housing and land use rights in urban areas, the Prime Minister instructs:

1- Provincial/Municipal People's Committees need to improve and enhance the operation of provincial steering committees for housing and residential land policies, ensuring centralized and unified leadership with close cooperation between functional agencies and local people's committees. For large provinces/cities, steering committees should be established at the district level to direct work down to wards/villages.

2- Provinces/cities must urgently direct and organize the registration of housing and residential land according to Decree No. 60/CP dated July 5, 1994, serving as a basis for management and consideration for issuing certificates of ownership for housing and land use rights.

Issuing certificates of ownership for housing and land use rights in urban areas must be carried out strictly in accordance with Decree No. 60/CP dated July 5, 1994. Certificates issued after July 5, 1994, that violate this decree must be revoked and reissued according to a uniform model.

3- In provinces/cities with state-owned housing funds, provincial/municipal people's committees must urgently develop plans for selling housing to be approved by the People's Council, clearly defining areas eligible for sale and widely publicizing them to the public.

For housing not eligible for sale, projects for renovation and reconstruction must be developed to ensure effective use and urban beautification.

For multi-story buildings with multiple households in apartment-style structures without private units, they must be renovated and repaired to ensure convenient use as private apartments before being sold.

4- Administrative agencies, armed forces, mass organizations, political and social organizations, and state-owned enterprises managing state-owned housing eligible for sale must urgently coordinate with localities to complete necessary procedures as stipulated to accelerate the sale of housing to tenants.

5- To ensure the progress of housing sales according to Decree No. 61/CP dated July 5, 1994, and the issuance of certificates of ownership for housing and land use rights according to Decree No. 60/CP dated July 5, 1994, serving construction management needs in urban areas, efforts must be intensified to establish land records based on the following principles:

- Where there are land cadastre maps, they should be used as the basis for extracting plots.

- Where there are no land cadastre maps but old subdivision maps exist, they can be used as the basis for extracting plots after verification.

- Where detailed urban planning maps exist when allocating land for housing, they can be used as the basis for extracting plots after on-site verification.

- For other cases, the land administration department must adopt temporary measures to simply determine the location and area of residential land parcels to facilitate easy and convenient housing sales; subsequently, accurate measurements will be conducted according to regulations to serve as the basis for officially issuing land use right certificates to the public.

Establishing land records is very complex and voluminous, so in addition to the mapping forces of the land administration department, provincial/municipal people's committees must mobilize mapping forces from various departments such as Construction, Transportation, Agriculture, Geology, National Defense, etc., under the unified state management of the land administration department. It is essential not to allow the establishment of land records to become an obstacle delaying the implementation of Decrees No. 60/CP and No. 61/CP dated July 5, 1994.

6- Proceeds from housing sales must be used in accordance with the provisions of Decree No. 61/CP dated July 5, 1994. Provincial/municipal people's committees must urgently develop projects for renovating, repairing, and developing housing to effectively utilize the proceeds from housing sales.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial/municipal people's committees are responsible for implementing this Directive well. Any difficulties encountered must be promptly reported to seek guidance from the Prime Minister.