Decree No. 30/2019/ND-CP amending and supplementing certain articles of Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing.

DECREE

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF THE DECREE NO. 99/2015/NĐ-CP OF OCTOBER 20, 2015 ISSUED BY THE GOVERNMENT PROVIDING DETAILED REGULATIONS AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE HOUSING LAW

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Housing Law issued on November 25, 2014;

At the proposal of the Minister of Construction;

The Government issues this Decree amending and supplementing several articles of Decree No. 99/2015/NĐ-CP of October 20, 2015 issued by the Government providing detailed regulations and guidelines for implementation of certain provisions of the Housing Law.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

1. Supplement Article 57a following Article 57 of Decision No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing (hereinafter referred to as Decision No. 99/2015/NĐ-CP) as follows:

"Article 57a. Determining the time point for allocating and using old state-owned housing

1. In cases where the person actually using the housing has a lease contract and their name is listed in that contract, the time point for allocating and using the housing shall be determined as follows:

a) If the time point for allocating and using the housing is recorded in the lease contract, it shall be determined according to the time point recorded in the contract;

b) If the lease contract does not record the time point for allocating and using the housing, it shall be determined according to the time point when the contract was signed;

c) If the contract is renewed or extended, the time point for allocating and using the housing shall be determined according to the time point stated in the first signed contract;

d) If the person directly using the housing has proof of payment of rent before signing the lease contract, the time point for allocating and using the housing shall be determined according to the time point of paying rent; if at the time of signing the lease contract, the competent authority has back-charged rent (with proof of back-charging rent), the time point for allocating and using the housing shall be determined according to the time point of calculating the back-charged rent;

đ) If the person directly using the housing has a decision or distribution document (hereinafter collectively referred to as allocation document) and their name is listed in that document before signing the lease contract, the time point for allocating and using the housing shall be determined according to the time point recorded in the allocation document; if the allocation document does not record the time point, it shall be determined according to the issuance date of the document.

2. In cases where the person is actually using the housing without a lease contract but their name is listed in the allocation document, the time point for allocating and using the housing shall be determined according to the time point recorded in the document; if the allocation document does not record the time point, it shall be determined according to the issuance date of the document.

3. In cases where the person is actually using the housing and has transferred the right to lease the housing (has a lease contract or allocation document but their name is not listed in the contract or document), the time point for allocating and using the housing shall be determined according to the time point when the first person's name appeared in the contract or allocation document."

2. Amend and supplement Clause 5 of Article 60 of Decision No. 99/2015/NĐ-CP as follows:

"5. The deadline for leasing old housing is no more than 30 days from the date the agency receiving the application for leasing housing receives all valid documents. The term of the lease contract for old housing is five years, calculated from the date of signing the lease contract, except in cases where the lessee requests a shorter lease period.

When the lease term expires and the lessee still meets the conditions for leasing and wishes to continue leasing the housing, the lease contract may be extended for the same duration as the previous lease period, except in cases where the housing is reclaimed according to the law."

Article 2. Transitional Provisions

1. In cases where a purchase contract for housing was signed before this Decision takes effect, there is no need to re-determine the time point for allocating and using the housing according to this Decision.

In cases where an application for purchasing housing was submitted before this Decision takes effect, but the parties have not yet signed a purchase contract for housing by the time this Decision takes effect, the time point for allocating and using the housing shall be determined according to this Decision.

2. In cases where a lease contract for housing was signed before this Decision takes effect with a lease term different from the term specified in this Decision, the parties do not need to sign a new lease contract. In cases where the lease needs to be extended or renewed upon the effectiveness of this Decision, the lease term shall be determined according to this Decision.

Article 3. Implementation Provisions

1. This Decision shall take effect from May 15, 2019.

2. The Ministry of Construction shall be responsible for guiding and organizing the implementation of this Decision.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.