Directive No. 34/2006/CT-TTg on the Implementation of the Law on Housing

DIRECTIVE

Regarding the implementation of the Housing Law

______________________

The Housing Law was passed by the National Assembly at its eighth session of the Eleventh Legislature and took effect from July 1, 2006. This is an important law directly regulating the rights and obligations of owners of housing and individuals and organizations related to housing ownership, development, management of housing use, transactions concerning housing, and state management of housing. To ensure effective and consistent implementation of housing laws nationwide, the Prime Minister requests that ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and centrally-run city People's Committees focus on implementing the following contents:

1. Ministry of Construction:

a) Promptly study and issue guiding documents for the implementation of the Housing Law's contents assigned by the National Assembly and the Government;

b) Take the lead and coordinate with the Ministry of Planning and Investment and the Ministry of Finance to guide and direct localities in developing annual and five-year programs for social housing funds; compile plans for annual and five-year social housing development of localities and submit them to the Prime Minister for approval;

c) Take the lead and coordinate with relevant ministries, sectors, and provincial and centrally-run city People's Committees to disseminate and educate the public about housing laws;

d) Organize training sessions, enhance the capacity and skills of cadres and civil servants involved in housing management and development at local levels;

2. The Ministry of Planning and Investment:

a) Take the lead and coordinate with the Ministry of Construction and the Ministry of Finance to study and draft regulations on capital mechanisms for social housing, public service housing, and support policies for investment in social housing funds from the central budget for localities facing financial difficulties, and submit them to the Prime Minister for approval;

b) Take the lead and coordinate with the Ministry of Construction and the Ministry of Finance to develop plans for capital allocation from the state budget for investment in social housing and public service housing funds, and submit these plans to the Government for consideration and then to the National Assembly for approval in the annual state budget estimates;

3. Ministry of Finance:

a) Take the lead and coordinate with the Ministry of Construction to promptly study and issue regulations on the establishment and management of housing development funds at local levels based on the principle of establishing new housing development funds only in localities without existing investment development funds;

b) Promptly review and issue regulations on exemption from land use fees, land rental fees, and reduction of related taxes according to the law for organizations and individuals participating in investment, development, and management operations of social housing funds;

c) Take the lead and coordinate with the Ministry of Construction, the Ministry of Planning and Investment, and provincial and centrally-run city People's Committees to calculate and ensure funding from the state budget for regular surveys, statistics, and database construction on housing every five years, following the principle: the central budget ensures tasks of surveying, statistics, and database construction on housing nationwide; the local budget ensures tasks of statistics, surveying, and database construction on housing within their respective areas; for localities facing financial difficulties, the central budget will provide support. Funding for housing surveys, statistics, and database construction each year will be balanced in the state budget estimate for that year; the Ministry of Finance will take the lead and coordinate with the Ministry of Construction to guide the use of this funding;

The Ministry of Culture, Sports and Tourism is responsible for directing mass media organizations to promote and disseminate housing laws, and to publish legal publications on housing for widespread dissemination among the people;

Dissemination and education on housing laws must be carried out continuously and appropriately for different target groups and regions. From now until the end of 2006, a wide-ranging promotion campaign of housing laws should be organized to reach the people;

The State Bank of Vietnam shall take the lead and coordinate with the Ministry of Construction and the Ministry of Finance to study and issue loan mechanisms with appropriate interest rates for medium and long-term loans to encourage organizations and individuals to invest in building social housing funds for leasing and purchase options for eligible groups such as civil servants, military officers, workers in industrial zones, export processing zones, high-tech parks, and other specified groups as defined by the Government;

Each ministry and sector shall, based on the provisions of the Housing Law, be responsible for studying and issuing regulations related to the implementation of the Housing Law, abolishing, replacing, or amending previously issued regulations that are no longer suitable or contrary to the Housing Law;

Provincial and centrally-run city People's Committees:

a) Promptly develop and submit to the same-level People's Council for approval the housing development program of the locality for the period up to 2020, serving as the basis for directing the implementation of housing development targets (number, quality, and average per capita area of housing) in the locality's five-year and annual socio-economic development plans;

b) Direct the preparation of housing development planning and land use plans to meet housing development needs, paying particular attention to allocating land for social housing and public service housing development;

c) Develop and implement annual and five-year social housing development programs of the locality and report to the Ministry of Construction no later than the third quarter of each year for the Ministry of Construction to compile and submit to the Prime Minister.

d) Develop plans to mobilize capital for housing development, particularly social housing for rent and lease purchase for civil servants, public officials, officers, professional military personnel of the People's Armed Forces, workers at industrial zones, economic zones, and export processing zones. In the short term, in the third quarter of 2006, develop capital plans for social housing fund development in 2007, submit them to the People's Council at the same level for approval;

đ) Prepare conditions related to planning, land, capital, and arrange competent staff to effectively implement regulations on housing development and management as stipulated in the Housing Law and guiding documents;

e) Promptly issue relevant regulations within their authority regarding the implementation of the Housing Law; conduct reviews to abolish, replace, or amend previously issued regulations that are inconsistent or contrary to the provisions of the Housing Law;

g) Allocate funds and direct the Department of Culture, Sports and Tourism to coordinate with the Construction Department, the Vietnam Fatherland Front at provincial and centrally-run city levels, and People's Committees at all levels to organize propaganda and legal education on housing for the people in their respective areas;

The organization and implementation of the Housing Law is a significant task directly related to citizens' rights and legitimate interests. Authorities and organizations, Chairmen of People's Committees at all levels must consider this a regular and continuous task in their guidance and management work to address the situation of causing inconvenience and harassment when handling administrative procedures related to housing development, management, and transactions;

8. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-run city People's Committees within their assigned functions and tasks shall be responsible for strictly implementing this Directive;

9. The Ministry of Construction shall take the lead, coordinate with the Government Office to organize, inspect, and urge the implementation of this Directive, regularly report to the Prime Minister./.