Decree No. 34/2013/ND-CP on Management and Use of State-Owned Housing

DECREE

On the management and use of state-owned housing

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Land Law dated November 26, 2003;

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Law on Housing dated November 29, 2005;

Pursuant to the State Asset Management and Utilization Law dated June 3, 2008;

Pursuant to Ordinance No. 26/2005/PL-UBTVQH11 on preferential treatment for persons meritorious to the revolution dated June 29, 2005, and Ordinance No. 04/2012/UBTVQH13 dated July 16, 2012 amending and supplementing certain articles of the Ordinance on preferential treatment for persons meritorious to the revolution;

At the proposal of the Minister of Construction;

The Government promulgates the Decree on the management and use of state-owned housing,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree provides detailed regulations and guidance on certain aspects concerning the management, utilization, leasing, lease-purchase, and sale of state-owned housing.

2. State-owned housing referred to in this Decree includes:

a) Official housing;

b) Social housing constructed with part or all of the capital from the state budget (hereinafter collectively referred to as state-owned social housing);

c) Student dormitories constructed with part or all of the capital from the state budget or having origins from state budget capital managed by educational institutions; student housing constructed by the State according to the Prime Minister's Decision (hereinafter collectively referred to as student housing);

d) Housing established with capital from the state budget or having other ownership origins transferred to state ownership and allocated for residential purposes in accordance with the law, including self-managed housing (hereinafter collectively referred to as old housing).

3. State assets such as offices, headquarters, working houses, guesthouses, official accommodation, and other types of houses under state ownership not falling within the scope of regulation of this Decree.

Article 2. Applicability

1. Individuals renting, lease-purchasing, or purchasing state-owned housing.

2. Agencies and units managing state-owned housing.

3. Individuals and organizations related to the management and use of state-owned housing.

Article 3. Principles of management and use of state-owned housing

1. The management of state-owned housing must be carried out uniformly, with close coordination and clear division of management responsibilities among relevant agencies and units; ensuring maintenance and development of this housing fund.

2. The use of state-owned housing must be in accordance with its intended purpose, ensuring efficiency, and avoiding loss and waste.

3. State-owned housing must be managed and utilized to ensure quality and safety for users in compliance with laws on housing, construction, and related laws.

4. Leasing, lease-purchasing, and selling state-owned housing must be conducted in accordance with the prescribed objects, conditions, and provisions of this Decree.

5. Any violation of regulations on the management and use of state-owned housing must be promptly and strictly dealt with in accordance with the law.

Chapter II

ORGANIZATION OF MANAGEMENT OF STATE-OWNED HOUSING

Article 4. Agencies and units managing state-owned housing

1. The representative body of the owner of state-owned housing constructed with central government budget funds is specified as follows:

a) The Ministry of Construction is the representative owner of official housing of the Government, state-owned social housing constructed with central government budget funds (excluding state-owned social housing constructed by the Ministry of National Defense and the Ministry of Public Security) and student housing managed by educational institutions directly under the Ministry of Construction;

b) The Ministry of National Defense and the Ministry of Public Security are the representative owners of official housing, state-owned social housing constructed by the Ministry of National Defense and the Ministry of Public Security, and student housing managed by educational institutions directly under the Ministry of National Defense and the Ministry of Public Security. Specifically, for old housing managed by the Ministry of National Defense, the Ministry of National Defense is the representative owner of this housing;

c) Other ministries, sectors, and central agencies are the representative owners of official housing assigned to manage, and student housing managed by educational institutions directly under these ministries, sectors, and central agencies.

2. Provincial People's Committees (hereinafter collectively referred to as provincial-level People's Committees) are the representative owners of various types of state-owned housing assigned to manage within their jurisdiction.

3. The agency managing state-owned housing is the agency designated by the representative owner specified in Clause 1 and Clause 2 of this Article to carry out the management of state-owned housing, specifically:

a) For ministries, sectors, and central agencies, it is the agency assigned the function of managing housing directly under those ministries, sectors, and central agencies;

b) For localities, it is the Department of Construction;

c) Educational institutions manage student housing assigned to them.

4. The unit managing and operating state-owned housing is an organization or enterprise with functions and professional capabilities in housing management and operation, assigned tasks for managing and operating housing through designation or bidding by the housing management agency specified in Clause 3 of this Article.

For official housing intended for teachers, doctors, and healthcare staff located within or adjacent to school premises or healthcare facilities, it may be entrusted to schools or healthcare facilities to manage and operate such official housing.

Article 5. Rights and responsibilities of the representative of the owner of state-owned housing

1. The agency representing the owner of state-owned housing as stipulated in Clause 1 and Clause 2, Article 4 of this Decree shall have the following rights and responsibilities with respect to the housing assigned for management:

a) Decide on persons renting official housing, persons renting or purchasing old housing; decide on persons renting or purchasing social housing owned by the state;

b) Select units managing and operating housing;

c) Approve maintenance, renovation, demolition, and reconstruction of housing;

d) Issue or decide on rental prices, purchase prices, and sale prices of housing;

đ) Decide on the recovery of housing;

e) Other rights and responsibilities assigned by the Prime Minister in accordance with regulations.

2. The agency representing the owner of state-owned housing as stipulated in Clause 1 and Clause 2, Article 4 of this Decree may delegate to the housing management agency as stipulated in Clause 3, Article 4 of this Decree to exercise the right specified in Point b, Clause 1 of this Article. Specifically, for the Ministry of National Defense and the Ministry of Public Security, such agencies may be delegated to exercise the rights specified in Points a, b, and đ, Clause 1 of this Article.

Article 6. Rights and responsibilities of the agency managing state-owned housing

The agency managing state-owned housing as stipulated in Clause 3, Article 4 of this Decree shall have the following rights and responsibilities:

1. Review, tally, and classify housing assigned for management; accept self-managed housing transferred from central agencies (if any) for management in accordance with this Decree;

2. Develop plans for maintenance, renovation, or reconstruction of housing to submit to the agency representing the owner for approval;

3. Collect, compile, and store housing records and provide one set of completion records (for new construction) or redrawing records (for existing housing) to the housing management and operation unit;

4. Develop and submit to the agency representing the owner decisions on persons renting official housing, decisions on persons renting or purchasing social housing owned by the state, and decisions on persons renting or purchasing old housing. Specifically, for housing managed by the Ministry of National Defense and the Ministry of Public Security, the housing management agency has the authority to decide on persons renting, purchasing, or buying housing if delegated to do so;

5. Submit to the agency representing the owner decisions on housing management and operation units or independently select housing management and operation units if delegated to do so;

6. Base on legal provisions regarding price frameworks, rental prices, purchase prices, and sale prices of state-owned housing to develop rental prices, purchase prices, and sale prices of housing under its management to submit to the agency representing the owner for decision;

7. Report to the agency representing the owner for decisions on recovering housing. Specifically, for housing managed by the Ministry of National Defense and the Ministry of Public Security, the subordinate housing management agency has the authority to decide on recovering housing if delegated to do so;

8. Manage, inspect, urge, and oversee the leasing, warranty, maintenance, and operation of housing, and implement the sale and lease-purchase of housing in accordance with this Decree;

9. Inspect financial income and expenditure reports of housing management and operation units;

10. Inspect, supervise, and handle violations or propose competent authorities to handle violations related to housing management and use;

11. Summarize and report on the situation of housing management and use as prescribed.

Article 7. Rights and responsibilities of units managing and operating state-owned housing

1. Accept the housing fund transferred by competent authorities as stipulated in Clause 3, Article 4 of this Decree to manage and operate according to the provisions of this Decree and relevant laws.

2. Implement leasing and management of housing usage according to assigned tasks or contracts signed with housing management agencies and in accordance with the provisions of this Decree.

3. Develop and issue the Internal Regulations for Housing Management and Usage in accordance with guidelines from the Ministry of Construction and disseminate the contents of these regulations to tenants, purchasers, and users of housing.

4. Strictly manage areas of housing within state-owned housing complexes that have not been sold.

5. Exploit areas designated for business and services (if any) in public service housing and social housing projects under state ownership in accordance with the provisions of the law to create revenue to offset management and operation costs, and maintenance of housing. The management and operation activities of housing specified in this Clause shall enjoy mechanisms similar to those for public utility services.

6. Collect and store files related to the construction, operation, warranty, maintenance, and renovation of housing; if there are insufficient files, they must be supplemented, restored, or redrawn; responsible for transferring newly generated or supplementary files to the housing management agency for storage as required.

7. Organize maintenance, operation, and renovation of housing according to approved plans by competent authorities.

8. Inspect, monitor, promptly identify, and request competent authorities to handle violations in housing management and usage.

9. Coordinate with local functional agencies to ensure security and order for housing tenants and purchasers.

10. Carry out the recovery of housing according to decisions made by competent authorities.

11. Summarize and report periodically or upon urgent requests on the situation of housing management and usage.

12. Perform other rights and obligations as prescribed by law.

Article 8. Procedures, systems, and contents of reports on the management of state-owned housing

1. The procedures for reporting on the management of state-owned housing are as follows:

a) Units managing and operating housing shall report to the housing management agency as stipulated in Clause 3, Article 4 of this Decree;

b) The housing management agency shall report to the representative of the housing owner regarding the housing currently being managed;

c) Provincial People's Committees, ministries, sectors, and central agencies managing state-owned housing funds shall report to the Ministry of Construction on the management and usage of housing within their jurisdiction;

d) The Ministry of Construction shall compile and report to the Prime Minister on the implementation of housing management and usage nationwide.

2. The system and content of reports are as follows:

a) Agencies specified in Paragraph 1 of this Article shall be responsible for reporting on the management and usage of housing annually in December or upon urgent requests from the Prime Minister and the Ministry of Construction;

b) The Ministry of Construction shall guide the content of reports to ensure consistency in building a national housing database, and implement appropriate information technology applications at each stage of national development.

Article 9. Management of Revenue from the Leasing, Sale and Purchase of State-owned Housing

1. Revenue derived from leasing, sale and purchase of state-owned housing as stipulated in this Decree, after deducting management costs and other legitimate expenses (including costs for organizing the sale and lease-purchase of housing in accordance with the law) shall be deposited into the Housing Development Fund or allocated to a separate budget account of the provincial People's Committee (for localities that have not established a Housing Development Fund) to maintain and develop state-owned housing in accordance with the following provisions:

a) Maintenance and renovation of state-owned housing;

b) Reinvestment in constructing state-owned housing.

2. The Ministry of Finance, in collaboration with the Ministry of Construction, shall guide specifically the management of revenue and expenditure and the use of revenue from leasing, sale and purchase of state-owned housing as stipulated in Clause 1 of this Article to ensure transparency, prevent loss and waste in the management and use of these funds.

Article 10. Prohibited Acts in the Management and Use of State-owned Housing

1. Leasing, sale and purchase of housing without authority or to unauthorized subjects or under conditions not stipulated in this Decree.

2. Transferring rental contracts or subleasing rented housing without compliance with regulations.

3. Using housing for purposes other than residential.

4. Unauthorized repair, renovation, demolition, or reconstruction of housing.

5. Misusing rental, lease-purchase, or sale proceeds for purposes not stipulated in this Decree.

6. Other prohibited acts in the management and use of housing as prescribed by law.

Chapter III

MANAGEMENT OF LEASING, SALE AND PURCHASE, AND USE OF STATE-OWNED HOUSING

Article 11. Eligibility and Conditions for Leasing Official Housing

1. Official housing is only provided for eligible individuals who meet the criteria for leasing during their tenure; when the lessee no longer meets the criteria for leasing official housing or moves to another residence or retires, they must return the official housing to the State. Individuals eligible to lease official housing include:

a) Party and State leaders within the scope entitled to official housing during their term of office;

b) Cadres and civil servants of Party and State agencies and political-social organizations transferred or rotated according to work requirements;

c) Officers and professional soldiers of the people's armed forces when transferred or serving according to national defense and security requirements;

d) Teachers assigned to work in remote, difficult, border, and island areas;

đ) Doctors and healthcare staff assigned to work in remote, difficult, border, and island areas or periodically rotated to work at hospitals and lower-level health centers.

In cases where members of the family of the individual eligible to lease official housing as stipulated in this Point live together (including parents, spouse, children and must be registered in the household with the lessee), additional official housing area will be added based on the Prime Minister's Decision on the standard for using official housing.

2. The conditions for leasing official housing are as follows:

a) For individuals specified in Point a Clause 1 of this Article, official housing shall be arranged according to security requirements;

b) For individuals specified in Points b, c, d, and đ Clause 1 of this Article, they must not own housing, nor have purchased or leased social housing in the locality where they are assigned to work.

If the State does not have sufficient official housing to lease, the agency directly managing the cadres shall be responsible for renting alternative housing meeting the equivalent standards of official housing and deducting the rent from the salary of the person leasing the housing. If the rent exceeds the amount payable by the lessee, the State budget will cover the difference, with the central government budget covering the cost for cadres managed by central agencies and the local government budget covering the cost for cadres managed by local agencies.

Article 12. Subjects and Conditions for Renting and Purchasing Social Housing under State Ownership

1. Subjects renting or purchasing social housing under state ownership include:

a) Persons with meritorious service to the revolution as stipulated in the Ordinance on Preferential Treatment for Persons with Meritorious Service to the Revolution;

b) Civil servants, public officials, and employees in administrative agencies, public institutions, Party organizations, and mass organizations receiving salaries from the state budget;

c) Professional officers and non-commissioned officers in the People's Armed Forces receiving salaries from the state budget;

d) Workers employed in industrial zones, clusters of industrial zones, and production and service facilities outside industrial zones;

d) Low-income individuals and poor households facing difficulties in housing in urban areas;

e) Persons with disabilities, elderly individuals living alone, and other special subjects facing housing difficulties in urban areas. In cases where persons with disabilities or elderly individuals without support and income, they shall be accommodated at state social welfare centers;

g) Subjects who have returned public service housing when they no longer meet the criteria for leasing public service housing;

h) Households and individuals subject to resettlement who have not been allocated land or resettlement housing;

2. Conditions for renting social housing under state ownership include:

a) Not having housing under their own ownership and not having rented or purchased social housing, nor received state support for housing or land in any form, or having housing under their own ownership but the housing is cramped with an average household floor area less than 5 m²/person or the housing is dilapidated and leaking;² b) Having permanent residence registration or a labor contract with a term of one year or more and contributing to social insurance at the local social insurance office where the rental housing is located;

The low-income individual as defined in Point đ Clause 1 of this Article is an individual not required to pay regular personal income tax according to the law on personal income tax; the poor household as defined in Point đ Clause 1 of this Article is a household within the poverty standard set by the Prime Minister; persons with disabilities and elderly individuals living alone must have confirmation from the People's Committee of the commune or town where they reside;

c) For the subject as defined in Point h Clause 1 of this Article, the conditions specified in Points a and b of this Clause shall not apply, and specific conditions shall be determined by the provincial People's Committee;

3. Conditions for purchasing social housing under state ownership include:

a) Fulfilling all conditions stipulated in Clause 2 of this Article. For the subject as defined in Point h Clause 1 of this Article, specific conditions shall be determined by the provincial People's Committee;

b) Paying immediately the initial amount equal to 20% of the value of the purchased housing;

Article 13. Subjects and Conditions for Renting Student Housing under State Ownership

1. The subject eligible to rent student housing under state ownership is students of universities, colleges, vocational high schools, vocational colleges, and intermediate technical schools (hereinafter referred to collectively as students). In cases where there is insufficient accommodation to meet the demand, rental shall be prioritized in the following order: Students from policy-targeted families, poor households as defined by the state; students from remote and mountainous regions, out-of-province students; excellent students; first-year students;

2. The condition for students to rent student housing under state ownership is that they must be currently enrolled at an educational institution (confirmed by the educational institution);

Article 14. Subjects and Conditions for Renting Old Housing under State Ownership

1. The subject eligible to rent old housing under state ownership is a person actually renting the housing and wishing to continue renting it;

2. The person renting old housing must fall into one of the following cases:

a) If actually using the housing and named in the lease contract, there is no need to sign a new lease contract, except when the lease contract expires and both parties must sign a new contract according to regulations;

b) If actually using the housing but not named in the lease contract but named in the decision allocating or arranging housing, they must complete procedures to sign a lease contract with the housing management unit;

c) If actually using the housing but not named in the lease contract and not named in the decision allocating or arranging housing, and the housing has no disputes, they must obtain written approval from the housing management agency and complete procedures to sign a lease contract with the housing management unit.

c) In cases where individuals are actually using residential premises but are not named in the lease contract for such premises and are not listed in the decision on the allocation and arrangement of residential premises, and if there is no dispute over those residential premises, they must be approved in writing by the housing management authority and must complete the procedures to sign a lease contract with the entity managing and operating the residential premises.

Article 15. Rent prices, purchase rent prices, and related costs for state-owned housing

1. For official housing, the rent price shall be determined based on the principle of covering all management, operation, and maintenance costs, without including depreciation costs of investment capital and land use fees.

2. For social housing owned by the state, the rent price shall be determined based on the principle of covering sufficient costs to recover the investment capital within a minimum period of 20 (twenty) years from the date of signing the rental contract, maintenance costs, and without including land use fees.

In cases of purchasing rent for social housing owned by the state, the purchase rent price shall cover sufficient costs to recover the investment capital within a minimum period of 10 (ten) years, maintenance costs, and without including land use fees. The purchaser must pay the initial amount equal to 20% of the housing value, with the remainder to be paid over a minimum period of 10 (ten) years from the date of signing the purchase rent contract for housing.

3. For student housing, the rent price shall be determined based on the principle of covering all management, operation, and maintenance costs of the housing, without including depreciation costs of investment capital and land use fees.

4. For old housing, the rent price shall be determined as follows:

a) In cases where housing or buildings not originally intended for housing were arranged for use before July 5, 1994 (the date of issuance of Decree No. 61/CP of the Government on the sale and business of housing), but have not been renovated or rebuilt, the rent price shall be applied according to the Prime Minister's Decision on the rent price for state-owned housing that has not been renovated or rebuilt.

b) In cases where the housing specified in Point a of this Clause has been renovated or rebuilt, or housing or buildings not originally intended for housing but arranged for use after July 5, 1994, the rent price shall be applied as for state-owned social housing.

5. For apartment buildings that are state-owned social housing or old housing, tenants are obligated to pay management and operation costs for such housing as prescribed.

6. The Ministry of Construction shall provide specific guidelines on the method of determining the rent price for state-owned housing as stipulated in this Article.

Article 16. Exemption and reduction of rent for state-owned housing

1. The exemption and reduction of rent for housing shall be implemented based on the following principles:

a) Exemption and reduction of rent for housing shall not be applied to official housing, student housing, and housing specified in Points c and d of Clause 1 of Article 22 of this Decree.

b) Individuals eligible for rent exemption or reduction must be named in the housing rental contract (including representatives named in the contract and other members named in the rental contract).

c) Exemption and reduction of rent shall only be granted once to each tenant. If renting multiple state-owned houses, exemption or reduction shall only apply to one house.

d) In cases where an individual qualifies for multiple rent exemption or reduction benefits, they shall only receive the highest level of exemption or reduction.

đ) In households with two or more individuals renting housing eligible for rent reduction, rent exemption shall be granted.

2. Eligible recipients for rent exemption and reduction include:

a) Persons who were engaged in revolutionary activities before January 1, 1945;

b) Persons who were engaged in revolutionary activities from January 1, 1945 to August 1945;

c) Relatives of martyrs;

d) Mothers of Vietnam's Heroic Mothers;

đ) Heroes of the People's Armed Forces;

e) Labor heroes during the resistance war;

g) War invalids, persons receiving treatment equivalent to war invalids;

h) Invalids of war;

i) Persons participating in the resistance war against the enemy and affected by toxic chemicals;

k) Persons participating in revolutionary activities, resistance wars captured and imprisoned by the enemy;

l) Persons participating in the national liberation resistance war, protecting the country, and performing international duties;

m) Persons who have contributed to revolutionary activities;

n) Poor households as defined by the Prime Minister's poverty standard;

o) Persons with disabilities, elderly single individuals, and special groups facing housing difficulties in urban areas.

3. The level of rent exemption and reduction for the eligible recipients specified in Clause 2 of this Article shall be implemented according to the Prime Minister's Decision.

Specifically, poor households, persons with disabilities, elderly single individuals, and special groups facing housing difficulties in urban areas, if renting housing, shall have their rent reduced by 60%; for poor households, this reduction applies to the entire household (not individually to each member).

Article 17. Lease and Purchase Contracts for State-Owned Housing

1. The lease or purchase of state-owned housing must be carried out through contracts signed with the housing management and operation unit (if it is a lease) or signed with the housing management agency (if it is a purchase). In the case of official housing, the housing management and operation unit signs a lease contract with the tenant or with the agency directly managing the tenant of official housing.

2. The lease or purchase contract for state-owned housing shall include the following main contents:

a) Names and addresses of the parties;

b) Description of the characteristics of the housing (with a location diagram of the housing, a floor plan of the leased housing);

c) Rent price, purchase price, and payment methods.

For old housing and social housing owned by the state, the amount of rent exempted or reduced (if the tenant belongs to the category eligible for rent exemption or reduction) shall be clearly stated; for the purchase of social housing owned by the state, the amount that the purchaser must pay initially, which is 20% of the value of the purchased housing, and the amount to be paid in subsequent installments shall be clearly stated.

d) Duration of the lease or purchase of housing; for the case of housing purchase, the duration of the purchase lease recorded in the contract must ensure a minimum of ten years from the date of signing the purchase lease contract.

đ) Rights and obligations of the parties;

e) Commitments of the parties;

g) Principles for resolving disputes and dispute resolution bodies;

h) Other agreements (if any);

i) Date of signing the contract;

k) Signatures of the parties.

3. Cases for terminating the lease or purchase contract for state-owned housing include:

a) When both parties agree to terminate the lease or purchase contract for housing;

b) When the tenant no longer falls within the category eligible to continue leasing housing;

c) When the tenant dies without any member of the household (including parents, spouse, children) living together at the time of death. For official housing, if the tenant dies, the lessor has the right to terminate the lease contract.

In the case of housing purchase, the contract terminates when the purchaser dies without a legal heir or has a legal heir but the purchaser has not completed two-thirds of the purchase term as stipulated.

d) When the tenant or purchaser fails to pay rent continuously for three months without a valid reason;

đ) When the tenant or purchaser arbitrarily repairs, demolishes the structure, renovates, or extends the leased or purchased housing;

e) When the tenant or purchaser arbitrarily transfers the lease or purchase rights to another person;

g) When the leased or purchased housing suffers severe damage posing a risk of collapse and the tenant or purchaser must move out according to the decision of the competent authority, or the leased or purchased housing is located in an area where land recovery decisions, clearance decisions, or demolition decisions have been made by the competent state authorities;

h) When one of the parties unilaterally terminates the lease or purchase contract for housing in accordance with the agreement in the contract or as provided by law.

4. Based on the provisions of this Article, the Ministry of Construction shall establish the duration of the housing lease contract suitable for each type of tenant and issue model contracts for the lease or purchase of state-owned housing for uniform application throughout the country.

Article 18. Documents and Procedures for Leasing and Purchasing State-Owned Housing

1. The documents for leasing and purchasing state-owned housing include the application form for leasing and purchasing housing (in accordance with the model prescribed by the Ministry of Construction), certificates proving eligibility for exemption or reduction of rent, and other related documents.

2. The maximum time to process the leasing and purchasing procedures shall not exceed thirty days from the date when the housing management unit receives complete and valid documents.

3. The Ministry of Construction shall provide detailed guidance on the provisions of this Article to ensure strict management principles, simplified procedures, and convenience for tenants and purchasers of state-owned housing.

Article 19. Rights and Obligations of the Lessor and Seller in Leasing and Purchasing State-Owned Housing

1. To sign lease and purchase contracts in accordance with the specified objects, conditions, and purposes; terminate the lease and purchase contracts in cases stipulated in Clause 3, Article 17 of this Decree.

2. Collect full and timely rent payments for leased and purchased housing. In cases where the tenant of official housing directly signs the contract but fails to pay rent for three consecutive months, the housing management unit shall request the agency directly managing the tenant to deduct the rent from the tenant's salary; the agency managing the tenant must be responsible for deducting the salary to pay the lessor.

3. Implement maintenance and operation of leased and purchased housing in accordance with laws on construction and housing.

4. Notify tenants and purchasers about the contents of the Management and Usage Regulations for official housing, student housing, and social housing; disseminate the common building management regulations for apartment buildings and detached houses (if the leased or purchased housing is an apartment or detached house); urge, inspect, and remind tenants and purchasers to comply with the regulations.

5. For cases of purchasing social housing owned by the state, if the purchaser no longer needs the housing, return twenty percent of the contract value (including interest at the non-term deposit rate of state commercial banks at the time of repayment) that was initially paid; if the purchaser violates the provisions set out in Points d, đ, and e, Clause 3, Article 17 of this Decree during the lease period, the seller may reclaim the housing without returning the twenty percent of the contract value initially paid.

6. Timely detect violations in the management and use of housing and handle them within their authority or refer to competent authorities for consideration and resolution.

7. Resolve disputes and complaints related to the management and use of housing within their authority or refer to competent authorities for consideration and resolution.

8. Carry out the recovery of housing according to the decision of the competent authority as prescribed in this Decree.

Article 20. Rights and Obligations of Tenants and Purchasers of State-Owned Housing

1. Rights of the Tenant:

a) Receive the handover of housing as agreed in the contract;

b) Use the area of housing as stipulated in the lease contract for themselves and family members; in the case of student housing, it can only be used by the student tenant;

c) Request the housing management unit to promptly repair damages not caused by the tenant; facilitate the lessor's maintenance of the housing as required by law;

d) Continue signing lease contracts if they still meet the criteria and conditions for leasing housing upon expiration of the lease term;

đ) If the tenant of official housing has returned the housing but does not have their own housing or has not been allocated social housing in their place of residence, they may be considered for purchasing or leasing social housing or supported by the provincial People's Committee in another appropriate manner based on local conditions;

e) To exercise other rights as prescribed by law.

2. Rights of the Purchaser:

a) The rights stipulated in Points a, b, and c of Clause 1 of this Article;

b) Request the seller to process the application for issuance of the Certificate of Land Use Right, House Ownership, and Other Assets Attached to the Land (hereinafter referred to as the Certificate) after fully paying the purchase price as prescribed;

c) Be permitted to conduct transactions regarding the housing after fully paying the purchase price to the seller according to the signed contract and obtaining the Certificate, but must ensure a minimum lease period of ten years from the date of signing the social housing lease contract. If the purchaser has not reached the ten-year period and wishes to sell, they can only resell to the state at a price not higher than the current market price of similar social housing;

d) Return twenty percent of the contract value initially paid for state-owned social housing (including interest at the non-term deposit rate of state commercial banks at the time of repayment) when no longer needing the housing and terminating the purchase contract, except in cases stipulated in Points d, đ, and e, Clause 3, Article 17 of this Decree.

3. Obligations of the Tenant:

a) Use the housing for its intended purpose; maintain the housing and accompanying equipment; be responsible for repairing damages and compensating losses caused by their fault;

b) Pay full and timely rent as stipulated in the lease contract; in cases of leasing social housing or old housing in apartment buildings, the tenant must pay all management and operation costs. If the tenant of official housing is managed by the agency directly overseeing the tenant, the agency must deduct the rent from the tenant's salary;

c) Not make unauthorized repairs, renovations, demolitions, or reconstructions of leased housing.

d) Shall not convert the purpose of use or lend or sublet the dwelling in any form; in case of old dwellings, the transfer of the right to lease the dwelling to another person must be agreed upon in writing by the housing management agency, and the lessee shall enter into a lease agreement with the operating management unit in accordance with the regulations.

đ) Comply with regulations on the management and use of dwellings and decisions of competent state agencies;

e) Comply with regulations on maintaining environmental hygiene and security and public order in the residential area;

g) Return the leased dwelling when violating the agreements in the lease contract that require returning the dwelling, or when the dwelling is reclaimed by a competent authority, or when the standard for leasing the dwelling has been exceeded according to the regulations;

h) Fulfill all rights and obligations stipulated in the lease contract;

i) To fulfill other obligations as prescribed by law.

4. Obligations of the buyer tenant:

a) Shall fulfill the obligations specified in Points a, b, c, đ, e, g, h, and Point i Clause 3 of this Article;

b) Shall not lease, sublease, mortgage, or transfer the dwelling in any form before fully paying the purchase price of the dwelling and having owned it for at least 10 (ten) years from the date of signing the purchase lease contract, except in the case of selling the purchased dwelling to the State as provided in Point c Clause 2 of this Article.

Article 21. Provisions on the Management and Use of State-Owned Dwellings

The management and use of state-owned dwellings (including the establishment and storage of housing records, warranty, maintenance, renovation, demolition and reconstruction of dwellings) are regulated as follows:

1. The establishment and storage of housing records shall be carried out by the housing management agency. The housing management agency shall be responsible for transferring housing records to the operating management unit for storage to serve the management, use, and operation of the dwellings;

2. Warranty of dwellings shall be implemented in accordance with the Law on Housing and the Decree guiding the implementation of the Law on Housing;

3. Maintenance of dwellings shall be implemented in accordance with the laws on maintenance of construction works and the Law on Housing. The content of maintenance of dwellings includes regular upkeep, periodic repairs, and emergency repairs aimed at maintaining the quality of the dwellings.

For old dwellings where the State has sold part or all of the private usable area to tenants under Government Decree No. 61/CP on the sale and business of housing, these common owners must have the responsibility to contribute funds for the maintenance of the common usable area in the dwellings according to the principle of allocating maintenance costs corresponding to the private ownership area of each owner.

4. Renovation and demolition of dwellings shall be carried out in accordance with the Law on Housing and regulatory documents guiding the renovation and demolition of dwellings issued by competent authorities.

In cases where the leased dwelling is determined by the competent authority for construction quality inspection to be severely damaged, deteriorated, and at risk of collapse, the current tenant must comply with the requirement to move people and property out of the dwelling and affected areas to ensure the safety of lives and property of residents.

During the period of renovation and demolition for reconstruction, if the tenant cannot arrange alternative accommodation, the housing management agency shall be responsible for arranging other accommodation for the tenant ensuring conditions for using the dwelling. The tenant may be resettled in the renovated and reconstructed dwelling according to the lease contract signed with the operating management unit.

Article 22. Leasing of Housing and Non-Housing Buildings Arranged for Residential Use After November 27, 1992 (hereinafter referred to as housing)

1. The State shall continue to lease housing according to the provisions of this Decree in the following cases:

a) In the case where housing was permitted by competent authorities to be constructed with state budget funds before November 27, 1992 (the date of issuance of Decision No. 118/TTg of the Prime Minister on rental prices for housing and inclusion of housing rent in salaries), but was completed, put into use, and distributed for officials, workers, and employees to lease under this Decision after November 27, 1992;

b) In the case where tenants must transfer their work assignments and must return the leased housing and be arranged by state agencies to lease other housing after November 27, 1992;

c) In the case where housing or non-housing buildings not originally intended for residential use were arranged for use during the period from November 27, 1992 to July 5, 1994;

d) In the case where housing was arranged for use during the period from July 5, 1994 to January 19, 2007 (the date of issuance of Decision No. 09/2007/QĐ-TTg of the Prime Minister on the reorganization and handling of state-owned real estate);

2. The rental price for housing in the cases stipulated in Clause 1 of this Article shall be determined as follows:

a) For the cases of housing specified in Points a, b, and c of Clause 1 of this Article that have not been renovated or rebuilt, the rental price shall be applied according to the Prime Minister's regulations on rental prices for state-owned housing that has not been renovated or rebuilt; if the housing specified in Points a, b, and c of Clause 1 of this Article has been renovated or rebuilt, the rental price for social housing owned by the state shall be applied;

b) For the case of housing specified in Point d of Clause 1 of this Article, the rental price shall be applied as for social housing owned by the state;

3. For the cases of using housing from January 19, 2007 onwards, management of state-owned real estate assets shall be implemented according to relevant regulations;

Article 23. Cases of Recovery of State-Owned Housing

1. Selling housing without authority, to ineligible parties, or without meeting the conditions stipulated in this Decree;

2. In the case of leasing housing, recovery of housing shall be carried out when any of the following situations occur:

a) Leasing housing without authority, to ineligible parties, or without meeting the conditions stipulated in this Decree;

b) When any of the situations stipulated in Clause 3 of Article 17 of this Decree occur;

c) When the tenant returns the leased housing;

d) Other cases as prescribed by law.

3. In the case of purchasing housing through lease-purchase agreements, recovery of housing shall be carried out when any of the following situations occur:

a) Offering lease-purchase agreements without authority, to ineligible parties, or without meeting the conditions stipulated in this Decree;

b) When any of the situations stipulated in Points a, c, d, đ, e, g, and h of Clause 3 of Article 17 of this Decree occur;

c) When the lease-purchaser returns the purchased housing;

d) Other cases as prescribed by law.

4. The Ministry of Construction shall provide guidance on the procedures for recovering housing as stipulated in this Article;

Chapter IV

MANAGEMENT OF THE SALE OF STATE-OWNED HOUSING

Article 24. Provisions on types of housing not eligible for sale

1. The State shall not sell state-owned housing in the following cases:

a) Housing for official use, student housing, social housing owned by the State, except in the cases provided for in Clause 2 and Clause 3 of Article 25 of this Decree;

b) Housing located in areas planned for construction of housing for official use or key national construction projects;

c) Housing for which there is a decision by the competent authority to reclaim land for renovation and reconstruction into new housing or for other construction projects;

d) Buildings that were not originally residential but are currently being used as housing and must be processed and rearranged according to the Decision of the Prime Minister regarding state-owned housing and land;

đ) Housing within plans and programs designated for official housing, office housing, workplace housing approved by the competent authority; housing attached to historical and cultural relics classified by the competent authority in accordance with laws on cultural heritage;

e) Severely damaged apartment buildings at risk of collapse, with a conclusion from the competent authority on the quality inspection of construction works; non-self-contained apartments not yet improved by the State, except where tenants have voluntarily improved them before the effective date of this Decree, with mutual agreement through a written request to purchase and such apartments are not part of the severely damaged buildings specified herein;

g) Villas listed in the inventory of villas not eligible for sale reported by the provincial People's Committee and approved by the Prime Minister before the effective date of this Decree.

For villas surveyed and reviewed after the provincial People's Committee reports to the Prime Minister, these villas will also be managed according to criteria established and reported by the provincial People's Committee to the Prime Minister before the effective date of this Decree.

2. For housing not eligible for sale as stipulated in Clause 1 of this Article, when the State processes such housing, the current housing policy will apply based on specific circumstances, and tenants will be resolved accordingly.

Article 25. Provisions on eligible buyers and conditions for state-owned housing eligible for sale

1. For old housing eligible for sale, the provisions for eligible buyers and conditions for selling housing are as follows:

a) The buyer must be named in the housing lease contract, having fully paid rent as required, submitting a purchase application, and the housing must be free from disputes or complaints;

b) If the old housing must be established as public property under Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly on land and housing managed and allocated by the State during the implementation of land management policies and socialist transformation policies before July 1, 1991, and Resolution No. 755/2005/NQ-UBTVQH11 dated April 2, 2005 of the Standing Committee of the National Assembly on the resolution of specific cases concerning land and housing during the implementation of land management policies and socialist transformation policies before July 1, 1991, then the competent state agency must complete the procedures for establishing public property as required before selling this housing;

c) In the case of selling buildings with origins not as housing but used for residence before November 27, 1992, such housing must meet the following conditions: the land area arranged for housing must have independent boundaries or can be separated from the administrative compound; the housing must have its own entrance, not obstructing the front facade of the administrative compound, and not affecting surrounding space and scenery; the administrative unit has no need to use it and the housing must comply with local land use planning approved by the competent authority. Administrative units without a need to use this housing area must transfer it to the management of the provincial People's Committee where the housing is located to sell it according to this Decree.

2. For official housing and student housing that the State no longer needs to use or must be relocated to another location according to a plan approved by the competent authority, if such housing does not need to be demolished for other construction projects, the central ministries and provincial People's Committees managing such housing must report to the Ministry of Construction for review and approval by the Prime Minister to change the purpose of use and manage it according to laws on state asset management or sell it according to guidelines from the Ministry of Construction.

3. For social housing owned by the State currently managed by central ministries and provincial People's Committees and needing to be sold to reinvest in other social housing, the Ministry of Construction will study and submit to the Government for consideration and decision on policies and mechanisms for selling this type of housing.

4. The Ministry of Construction will provide detailed guidance on the provisions of this Article.

Article 26. State-owned Housing Selling Agencies

The representative body of the owner as stipulated in Clause 1 and Clause 2, Article 4 of this Decree shall be responsible for selling housing and entrusting the housing management agency as stipulated at Point a and Point b, Clause 3, Article 4 of this Decree to carry out the sale of state-owned housing in accordance with the provisions of this Decree.

Article 27. Price of State-owned Housing for Sale

1. The housing management agency shall establish a Council to determine the price of housing for sale and submit it to the representative body of the owner as stipulated in Clause 1, Article 4 (if the housing is managed centrally) or to the representative body of the owner as stipulated in Clause 2, Article 4 of this Decree (if the housing is managed locally) for approval before implementing the sale of housing.

2. For old housing (regardless of whether it is a single house purchase or multiple house purchases), the price of housing for sale shall include the cost of the house and the land use fee, which are defined as follows:

a) The cost of the house is determined based on the remaining value of the housing and the adjustment factor for usage value; the remaining value is calculated according to the remaining quality ratio of the housing multiplied (x) by the standard price of newly constructed housing issued by the provincial People's Committee and effective at the time of signing the purchase and sale contract, and multiplied (x) by the usable area of the housing. For Grade IV housing that tenants have demolished and rebuilt before this Decree takes effect, the remaining value of the house is calculated as 0 (zero).

b) The land use fee is calculated based on the land price table issued by the provincial People's Committee and effective at the time of signing the purchase and sale contract, and according to the location of the land and the number of floors as follows:

- For multi-story houses with multiple households, it is calculated as 10% of the land price when transferring land use rights and allocated to each floor according to corresponding floor factors;

- For single-story houses and multi-story houses with a single household, and villas with a single household or multiple households, it is calculated as 40% of the land price when transferring land use rights for the portion of land within the residential land limit set by the provincial People's Committee; for the portion of land exceeding the residential land limit set by the provincial People's Committee, it is calculated as 100% of the land price.

In the case of villas with multiple households, the land area for calculating the land use fee for each household includes: the non-disputed land area used individually; the villa construction land area allocated to each household according to their respective usable housing areas and corresponding floor factors; the shared land area within the villa compound allocated for common use (based on the number of households currently using the villa). The calculation of the land use fee for each household starts from the villa construction land area for multiple households, followed by other portions.

The provincial People's Committee is responsible for specifying the allocation of land areas when selling villas to suit local conditions.

c) In cases where old housing was built with contributions from individuals and collectives without funding from the state budget, the purchase price of the housing is calculated as follows:

- For the cost of the house, it is implemented according to the provisions of Point a of this Clause but the buyer can deduct the amount previously contributed to build the house (calculated as a percentage of the contribution compared to the final settlement price of the housing construction project).

- For the land use fee, it is implemented according to the provisions of Point b of this Clause.

3. The Ministry of Construction shall provide detailed guidance on the method of determining the remaining value of housing; the adjustment factor for the usage value of housing; the allocation of floor factors when transferring land use rights for old multi-story housing with multiple households.

Article 28. Principles for Exemption and Reduction of Funds for Purchasing State-Owned Housing

1. Funds for purchasing state-owned housing include land use fees and house purchase costs.

2. The exemption and reduction of land use fees must comply with the following principles:

a) The exemption and reduction of land use fees when selling state-owned housing shall only be considered once for each buyer; if a person enjoys multiple reduction policies, the highest reduction rate will be applied. In cases where multiple members of a household are eligible for land use fee reductions while renting state-owned housing, their individual reduction rates can be combined but not exceed the total land use fee that the buyer must pay.

b) The exemption and reduction of land use fees shall not be implemented for the purchase of housing specified in Points c and d Clause 1 Article 22 of this Decree.

c) Individuals who have already benefited from land use fee exemptions or reductions when purchasing state-owned housing, or who have been exempted or reduced land use fees when allocated land for housing or received financial support to improve housing before this Decree takes effect, shall not be entitled to further exemptions or reductions under this Decree.

3. The reduction of house purchase costs must comply with the following principles:

a) The reduction of house purchase costs cannot overlap in terms of time or target. Each target group can only enjoy one reduction when purchasing rented housing.

b) The reduction of house purchase costs shall not be implemented for the purchase of housing specified in Points c and d Clause 1 Article 22 of this Decree.

c) In a household where multiple members are named in the same rental contract or share the same permanent residence address at the housing location eligible for house purchase cost reductions, the house purchase cost reductions of each member can be combined to calculate the total house purchase cost reduction for the entire household, but the amount of reduction shall not exceed the house purchase cost (excluding land use fees) in the sale price.

d) The number of years counted for reducing house purchase costs is based on actual years of service in state-managed agencies and units up to the date of signing the house purchase contract. When calculating years of service, if there are less than six months of partial year, it counts as half a year, and more than six months counts as a full year.

Article 29. Subjects Eligible for Exemption and Reduction and Levels of Exemption and Reduction for Purchasing State-Owned Housing

1. Subjects eligible for exemption and reduction of land use fees when purchasing state-owned housing include:

a) Persons with meritorious service to the revolution as stipulated in Clause 2 Article 16 of this Decree;

b) Poor households according to the poverty standard set by the Prime Minister;

c) People with disabilities, elderly individuals living alone, and other special groups facing difficulties in obtaining housing in urban areas.

2. The level of exemption and reduction of land use fees for persons purchasing housing under the subjects specified in Clause 1 of this Article shall be carried out according to the Decision of the Prime Minister.

Specifically, poor households, people with disabilities, elderly individuals living alone, and other special groups facing housing difficulties in urban areas shall be granted a 60% reduction in land use fees payable; for poor households, this reduction applies to the entire household (not individually to each member).

3. Subjects eligible for reduction of house purchase costs when purchasing state-owned housing include:

a) Administrative, public service, Party, and mass organization officials receiving salaries from the state budget;

b) Personnel receiving salaries from the state budget in the armed forces;

c) Non-commissioned officers and soldiers receiving subsistence allowances who have served in A, B, C, and K battlefields;

d) Officials working in communes or wards receiving salaries from the state budget or subsistence allowances as prescribed by the State;

đ) Workers and staff members regularly employed for one year or more in state-owned enterprises, organizations, and units permitted to engage in production, business, and services under administrative, public service, armed forces, Party, and mass organizations;

e) Individuals specified in Points a, b, c, and đ Clause of this Article who are assigned to work in foreign-invested enterprises, industrial zones, export processing zones, economic and trade representative offices established and operating in Vietnam, diplomatic missions, international organizations, non-governmental organizations, foreign press, radio, and television agencies located in Vietnam, and other economic sectors;

g) Retirees, disability benefits recipients, accident and occupational disease benefit recipients, rubber worker benefits recipients, one-time social insurance benefit recipients, termination benefits recipients before and after Decision No. 111/HĐBT dated April 12, 1991 of the Council of Ministers (now the Government), or before and after the Labor Code of 1995;

h) Personnel receiving salaries in the armed forces but not meeting the conditions for retirement benefits and instead receiving demobilization or discharge benefits; those demobilized before 1960;

i) Individuals specified in Clause 1 of this Article.

Documents to determine eligibility for house purchase cost reductions and actual years of service for calculating house purchase cost reductions shall be carried out according to the Decision of the Prime Minister.

4. The level of reduction of house purchase costs when purchasing state-owned housing is defined as follows:

a) For each year of service, the purchaser is entitled to a reduction equivalent to 0.69 times the minimum wage applicable to administrative, public service, Party, and mass organization officials and armed forces personnel as prescribed by the Government. If the purchaser has worked in the armed forces, each year of service in the armed forces entitles them to a reduction equivalent to 1.24 times the minimum wage prescribed in this point;

b) For persons with meritorious service to the revolution, poor households, people with disabilities, and elderly individuals living alone, if they have years of service for calculation purposes but the total reduction amount calculated based on years of service is less than 6.9 times the minimum wage prescribed by the Government, they shall be entitled to a reduction of 6.9 times the minimum wage for one person; if there are no years of service for calculation, they shall be entitled to a reduction of 6.9 times the minimum wage.

Specifically, for poor households, the reduction shall apply to the entire household (not individually to each member).

Article 30. Sale Contract for State-Owned Housing

1. The purchase of state-owned housing must be carried out through a sale contract for housing signed between the housing management agency and the buyer. The sale contract for housing shall include the following main contents:

a) Names and addresses of the parties;

b) Description of the characteristics of the housing (address, type of house...);

c) Selling price and payment method; clearly stating the amount exempted or reduced (if the buyer belongs to the category entitled to exemption or reduction of the purchase price of housing);

d) Rights and obligations of the parties;

đ) Commitments of the parties;

e) Principles for resolving disputes and dispute resolution authority;

g) Other agreements (if any);

h) Date, month, year of signing the contract;

i) Signatures of the parties.

2. Based on the provisions of Clause 1 of this Article, the Ministry of Construction shall specify and issue a model sale contract for state-owned housing to be uniformly applied throughout the country.

Article 31. Procedure and Formalities for Selling State-Owned Housing

1. The procedure and formalities for selling housing are carried out as follows:

a) The buyer of housing must submit an application to purchase housing at the unit currently managing and operating the housing;

b) The unit managing and operating the housing has the responsibility to receive the application, compile a list of buyers; when having complete and valid documents according to regulations, it must report to the housing management agency for inspection and submit to the representative authority of the housing owner for the decision to sell housing;

c) Based on the decision to sell housing by the competent authority, the unit managing and operating the housing shall notify the buyer of the specific time to sign the sale contract for housing with the housing management agency;

d) The time limit for selling housing shall not exceed forty-five days from the date the unit managing and operating the housing receives all valid documents. This period does not include the time taken by the competent authority to issue the Certificate of Ownership.

Issuing the Certificate of Ownership to those who have purchased housing shall be carried out in accordance with the provisions of the law on issuing the Certificate of Ownership. The competent authority issuing the Certificate of Ownership must send a list of purchasers who have been issued certificates and one (01) copy of the Certificate of Ownership to the housing management agency for record keeping.

2. The Ministry of Construction shall provide detailed guidance on the procedures and formalities for selling housing as stipulated in this Article, ensuring strict principles regarding documentation, simplified procedures, and promptness, facilitating the purchase of housing.

Article 32. Rights and Responsibilities of the Seller of State-Owned Housing

1. Carry out the sale of housing in accordance with the prescribed procedures, formalities, and time limits set forth in this Decree and the guidelines of the Ministry of Construction.

2. Require the buyer to pay the purchase price of housing and fulfill all financial obligations as stipulated and within the deadlines specified in the sale contract for housing.

3. Disseminate the content of the management and usage regulations for housing to the buyer for housing that is condominium units or detached houses.

4. Have the responsibility to process the request for the competent state authority to issue the Certificate of Ownership for the buyer after completing the housing sale procedures.

5. Not require the buyer to submit additional documents outside the prescribed housing purchase documents.

6. Fulfill other rights and obligations as prescribed by law.

Article 33. Rights and Obligations of the Buyer of State-Owned Housing

1. Require the seller to comply with the prescribed procedures, formalities, and time limits for selling housing.

2. Be entitled to exemption or reduction of the purchase price of housing if they belong to the category and meet the conditions for exemption or reduction as stipulated in this Decree.

3. Require the seller to deliver related documents concerning the housing according to the agreed deadlines in the sale contract for housing.

4. Pay the full purchase price of housing according to the agreed deadlines in the sale contract for housing.

5. Fulfill all financial obligations related to the purchase of housing as prescribed by law.

6. Require the seller to process the request for the competent state authority to issue the Certificate of Ownership for the purchased housing and receive the Certificate of Ownership.

7. Fulfill other rights and obligations as prescribed by law.

Article 34. Disposal of Housing and Non-Housing Properties Used for Housing Purposes After November 27, 1992

1. In cases where housing was arranged for use from November 27, 1992 to before July 5, 1994, the sale shall be carried out to the current tenant according to the following provisions:

a) Conditions for selling housing:

- The housing must not fall under the provisions of Clause 1, Article 24 of this Decree, must not have disputes or complaints, must comply with construction planning for housing, and the current tenant must have a need to purchase it;

- For non-housing properties that were later used for housing purposes, additional conditions must also be met: such housing must be separate from the premises of the office or agency, have its own access route, not obstruct the front facade of the office or agency, not affect surrounding space and landscape, must comply with local land use planning for housing, and the agency or unit must not have a need to use it.

b) The price for selling housing shall be implemented according to the provisions of Clause 2, Article 27 of this Decree.

2. In cases where housing was arranged for use from July 5, 1994 to before January 19, 2007, the sale shall be carried out to the current tenant according to the following provisions:

a) The housing sold must meet the conditions stipulated in Point a, Clause 1 of this Article;

b) The selling price of housing includes:

- The cost of the house determined based on the remaining quality ratio of the housing multiplied (x) by the standard price of newly constructed housing issued by the Provincial People's Committee in effect at the time of signing the purchase and sale contract, and then multiplied (x) by the usable area;

- The land use fee calculated as 100% of the residential land price according to the price list issued by the Provincial People's Committee in effect at the time of signing the purchase and sale contract (regardless of whether the land area is within or exceeds the residential land quota).

3. Cases of purchasing housing as stipulated in Clause 1 and Clause 2 of this Article shall not be exempted or reduced from the purchase price of housing.

4. For non-housing properties that have been arranged for housing purposes but do not meet the conditions for sale as stipulated in Clause 1 and Clause 2 of this Article, they shall be handled according to the laws governing state-owned real estate management.

Article 35. Handling Common Area of Housing and Adjacent Land Belonging to State Ownership

1. In cases where there are multiple households living in a house and the State has sold all individual-use areas of the house to the households but has not yet sold the common-use areas of the house and adjacent land within the house compound, if the owner of the entire purchased area of the house wishes to purchase the entire common-use area, it shall be handled as follows:

a) The buyer must pay the cost of the house and the land use fee for the common-use area;

b) The amount of the house cost is determined based on the remaining quality ratio of the housing multiplied (x) by the standard price of newly constructed housing issued by the Provincial People's Committee in effect at the time of signing the purchase and sale contract, and then multiplied (x) by the usable area;

c) The amount of the land use fee is calculated as 100% of the residential land price according to the price list issued by the Provincial People's Committee in effect at the time of signing the purchase and sale contract.

2. For adjacent land belonging to state ownership when implementing the valuation and sale of housing or when implementing the sale of housing according to Government Decree No. 61/CP on the sale and operation of housing, but the State has not yet resolved the issue of transferring land use rights to the actual user of the housing, or when the State implements the sale of housing according to this Decree, the adjacent land shall be handled as follows:

a) Transfer land use rights for the adjacent land belonging to state ownership if there are no disputes or complaints and it complies with housing construction planning;

b) The land use fee is calculated as 40% of the residential land price for the area within the residential land quota, and 100% of the residential land price for the area exceeding the residential land quota within the state-owned housing compound (the residential land quota includes both the area with housing already purchased and the adjacent land area). The land price for calculating the land use fee is applied according to the residential land price list issued by the Provincial People's Committee in effect at the time of recognizing the land use rights for the adjacent land area.

For land outside the state-owned housing compound, the land use fee shall be collected according to the laws on land.

3. For cases of constructing housing on vacant land within the state-owned housing compound that complies with housing construction planning and has no disputes, the person using the land shall be recognized by the State with land use rights; the amount of the land use fee in this case is calculated as 100% of the residential land price according to the price list issued by the Provincial People's Committee in effect at the time of recognizing the land use rights.

4. For the common-use area of housing that the owner does not purchase, the housing management authority shall manage it according to this Decree and the laws on housing.

5. The Provincial People's Committee shall base on the provisions of this Article and the actual situation of the locality to take responsibility for issuing specific regulations regarding the files, procedures, and processes for handling the cases stipulated in this Article.

Chapter V

IMPLEMENTATION

Article 36. Responsibilities of the Ministry of Construction

1. To specify and guide the contents of this Decree.

2. To take the lead and coordinate with ministries, sectors, and provincial people's committees to organize the implementation of the provisions of this Decree.

3. To direct subordinate housing management agencies to strictly manage the government's public service housing fund and social housing under state ownership funded by central budget; to direct educational institutions to strictly manage student housing managed by those institutions.

4. To assist the Government in supervising the exercise of rights by the representatives of central ministries and sectors over state-owned housing entrusted to their management.

5. To urge, monitor, inspect, and audit the management of leasing, lease-purchase, and sale of state-owned housing nationwide.

6. Handle violations related to the management, use, leasing, lease-purchase, and sale of state-owned housing within their authority or refer such cases to competent authorities for handling.

7. Report to the Prime Minister on the situation regarding the management and use of state-owned housing as stipulated in this Decree; propose amendments and supplements to regulations on the management of state-owned housing to align with actual conditions.

8. Perform other tasks as prescribed in this Decree when assigned by the Prime Minister.

Article 37. Responsibilities of Provincial People's Committees

1. Direct local functional agencies to manage the housing fund under state ownership within their jurisdiction according to this Decree and relevant laws; direct local agencies involved to closely cooperate in receiving self-managed housing funds and managing the sale, lease, and lease-purchase of housing as stipulated in this Decree.

2. Issue or decide on the rental price for official housing, social housing lease and lease-purchase prices under state ownership, student housing rental prices, and old housing rental prices within their local management authority.

3. Based on guidelines from the Ministry of Construction, issue procedures for selling and lease-purchasing state-owned housing to current tenants within their jurisdiction; direct competent authorities to implement purchase-sale and lease-purchase procedures and issuance of Ownership Certificates to purchasers and lease-purchasers, ensuring simplicity in procedures, promptness in time, and facilitation for homebuyers.

4. Direct the Department of Construction to establish service management and operation fees for state-owned housing to be applied to both central and local housing constructed within their jurisdiction.

5. Publicly announce on the provincial People's Committee’s and Department of Construction’s websites the list of state-owned housing not eligible for sale within their jurisdiction.

6. Urge and inspect the management of the housing fund under state ownership within their jurisdiction (including state-owned housing not eligible for sale or lacking conditions for sale); develop plans and mechanisms to encourage economic sectors to participate in renovating and rebuilding housing not eligible for sale or rented housing not purchased, ensuring safety requirements, improving living quality, and contributing to urban beautification according to strict management principles and investment capital preservation.

7. Report to the Ministry of Construction on the situation regarding the management and use of state-owned housing as stipulated in this Decree.

8. Handle violations related to the management, use, leasing, lease-purchase, and sale of state-owned housing within their authority or refer such cases to competent authorities for handling.

9. Issue decisions to reclaim state-owned housing under their management within their jurisdiction and organize forced reclamation (including state-owned housing managed by central agencies) in cases where tenants or lease-purchasers fail to return housing after a competent authority has issued a reclamation decision.

10. Perform other tasks as prescribed in this Decree and relevant laws.

Article 38. Responsibilities of Relevant Ministries and Sectors

1. Relevant ministries and sectors are responsible for managing and using housing under their management in accordance with this Decree and guidelines from the Ministry of Construction; issue or decide on the rental price for official housing, student housing, social housing lease and lease-purchase prices under state ownership managed by them as stipulated; report to the Ministry of Construction on the situation regarding the management and use of housing under their management as stipulated in this Decree; handle violations related to the management, use, leasing, lease-purchase, and sale of housing within their authority or refer such cases to competent authorities for handling.

2. Ministries and sectors with old self-managed housing must promptly transfer this housing to provincial People's Committees for management in accordance with this Decree, except for old housing managed by the Ministry of National Defense. The transfer shall be conducted based on the principle of transferring the current status of housing, land, and users at the time of transfer, ensuring simplicity in procedures, promptness in time, and facilitation for related agencies and organizations in transferring and receiving housing.

3. Cooperate with the Ministry of Construction and provincial People's Committees to implement the provisions of this Decree.

4. The Ministry of Finance is responsible for coordinating with the Ministry of Construction to guide the management and use of rental, lease-purchase, and sale proceeds from state-owned housing and the benefit mechanism for public services in the management and operation of state-owned housing to provide a basis for housing management agencies and related agencies to implement.

Chapter VI

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Decree takes effect from June 6, 2013.

2. This Decree replaces the following documents:

a) Government Decree No. 61/CP dated July 5, 1994 on the sale and business of housing;

b) Government Decree No. 21/CP dated April 16, 1996 amending and supplementing Articles 5 and 7 of Government Decree No. 61/CP dated July 5, 1994 on the sale and business of housing;

c) Government Resolution No. 23/2006/NQ-CP dated September 7, 2006 on certain measures to accelerate the progress of selling state-owned housing to current tenants as stipulated in Government Decree No. 61/CP dated July 5, 1994;

d) Government Resolution No. 48/2007/NQ-CP dated August 30, 2007 on adjusting key policies for selling state-owned housing to current tenants as stipulated in Government Decree No. 61/CP dated July 5, 1994 and rental prices for state-owned housing that have not been renovated or rebuilt.

3. Abolish the following documents and provisions:

a) Decision No. 188/1998/QD-TTg dated September 28, 1998 of the Prime Minister on the sale of villas in Ho Chi Minh City; Decision No. 189/1998/QD-TTg dated September 28, 1998 of the Prime Minister on the sale of villas in Hanoi.

b) Repeal Articles 23, 24, 25, 26, 27, 28, 29, 30, 37, Clause 1 of Article 38, Clause 1 of Article 39, and the provisions on management of social housing under state ownership in Article 40 of Decree No. 71/2010/NĐ-CP dated June 23, 2010, guiding the implementation of the Law on Housing.

c) Repeal the provisions on management, use, leasing, lease-purchase, and sale of housing under state ownership issued by the Prime Minister, ministries, sectors, and provincial People's Committees before this Decree takes effect if they conflict with the provisions of this Decree.

4. Continue to implement the sale of housing under state ownership according to the policy of Decree No. 61/CP dated July 5, 1994 of the Government on the purchase and sale and business of housing for cases that have submitted applications to purchase old housing before this Decree takes effect, provided that such housing meets the conditions for sale as stipulated in this Decree.

Article 40. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.