Directive No. 346-TTg Regarding the Implementation of Government Decrees on Ownership Rights to Housing and Land Use Rights in Urban Areas and the Purchase and Sale of Housing

DIRECTIVE

ON THE ORGANIZATION AND IMPLEMENTATION OF GOVERNMENT DECREE ON HOUSING OWNERSHIP RIGHTS AND LAND USE RIGHTS IN URBAN AREAS AND THE PURCHASE AND SALE OF HOUSING.

To implement the Housing Ordinance of 1991 and the Land Law of 1993, the Government has issued Decrees on housing ownership rights and land use rights in urban areas and on the purchase and sale of housing.

In order to ensure the strict, accurate, and effective implementation of state policies on housing and land use, meeting the legitimate aspirations of cadres and the people, and promptly bringing housing management into compliance with the law, the Prime Minister instructs:

1. Establishing the Central Steering Committee for Housing Policy (hereinafter referred to as the Central Steering Committee), chaired by a Deputy Prime Minister, with the Minister of Construction as Vice-Chairman, and members including representatives from the Ministry of Justice, the Ministry of Finance, the General Department of Land Administration, and the Government Price Control Board, as well as inviting a Deputy Chairman of the Central Committee of the Vietnam Fatherland Front and a Deputy Chairman of the Vietnam General Confederation of Labor to serve as members.

The Central Steering Committee shall directly assist the Prime Minister in guiding the People's Committees of provinces and centrally-administered cities, relevant ministries, state committees, and government agencies in effectively implementing these policies.

For key locations such as Hanoi City, Ho Chi Minh City, Hai Phong City, Quang Nam-Da Nang Province, etc., the Central Steering Committee must establish a permanent working group to monitor and coordinate with the provincial steering committees to identify emerging issues and report them promptly to the Prime Minister.

Every six months, the Central Steering Committee shall report to the Prime Minister on the results of implementation nationwide and the plan for the next six months.

2. The Central Steering Committee shall soon convene a meeting of deputy chairmen of provincial and centrally-administered city people's committees responsible for housing and land affairs, directors of housing, construction, finance, price control, land administration departments, chief architects of Hanoi and Ho Chi Minh Cities, to thoroughly convey the state's policies on housing and land use.

3. Relevant ministries, ministerial-level agencies, and government agencies shall urgently issue necessary guiding documents to ensure uniform implementation nationwide, such as methods for determining residual value of houses, classification levels of houses, measurement and drawing of housing area, minimum standard prices for newly constructed houses and rental houses, land use price brackets in each period, house regulations, fees and revenues from issuing certificates of housing ownership and land use rights, housing business tax, management and utilization of funds from selling state-owned houses, etc.

4. Establishing the Provincial Steering Committee for Housing and Land Policy, chaired by a Deputy Chairman of the provincial or city People's Committee responsible for housing and land affairs, with the Director of the Housing Department (Construction Department where there is no Housing Department) as Vice-Chairman, and members including representatives from the Departments of Finance-Price Control, Justice, Land Administration, Architecture, the Fatherland Front, and the Trade Union of the province (city).

The Provincial Steering Committee shall directly assist the Chairman of the provincial or city People's Committee in organizing meetings of sectoral and local leaders to convey and implement the government's policies on housing and land use within their jurisdiction; organizing training sessions for sectors and levels to implement these policies. Training and deployment costs at the local level shall be initially covered by the local budget and later reimbursed from revenues generated from selling houses, issuing certificates of housing ownership and land use rights locally.

5. While implementing housing and land policies, attention should be paid to the following aspects:

a) Regarding the sale of state-owned houses, the general principle is not to proceed hastily but gradually and steadily. Prioritize selling houses classified as Class III and IV, and those in suburban collective living areas, to gain experience, then proceed to sell houses classified as Class I and II, and villas in central urban areas along streets and in convenient service and business zones.

Houses under the jurisdiction of central ministries and sectors that are eligible for sale must be transferred to local authorities for organized sales according to unified regulations. Agencies shall not organize sales independently, set prices arbitrarily, collect money internally, or cause revenue losses to the state budget.

b) On issuing certificates of housing ownership: The organization of registration and declaration of housing and land use must be completed in each ward, district, and city.

In areas where registration and declaration have been completed, certificates shall first be issued to cases where houses have been fully paid for from the state, and to cases with complete ownership and usage documents, followed by other cases. From now on, allocation of land for use and issuance of permits for new housing construction must strictly comply with the provisions of the Land Law and construction regulations. Upon completion of construction, registration must be made, and the provincial People's Committee shall examine and issue certificates of housing ownership. Unauthorized occupation of land, illegal construction, and failure to register must be stopped to facilitate urban housing and land management. Cases of deliberate violations must be dealt with strictly according to the law.

Land administration agencies and housing management agencies must closely cooperate in preparing files for submission to the provincial People's Committee for examination and issuance of certificates of housing ownership and land use rights locally. Measurement and drawing of housing and land use must be conducted simultaneously, with the land administration agency measuring and drawing land plots and recording them, while the housing management agency measures and draws housing structures and represents them on the certificate of housing ownership and land use rights.

c) To ensure the sale of state-owned houses, the issuance of certificates of ownership of housing and land use rights in accordance with urban development plans, the Chairpersons of the People's Committees of provinces and cities must direct competent agencies to promptly establish detailed plans based on approved general plans. Publicly announce detailed plans, especially those for residential areas, so that the people are aware.

d) Organize extensive propaganda regarding the significance and purpose of the State's housing and land policies through mass media. Publicly post at the offices of the People's Committees of communes and public places the documents stipulating and guiding the implementation of the State's housing and land policies so that officials and the people understand, agree, and actively respond.

During the implementation process, provinces must regularly draw lessons and periodically report results to the Prime Minister. For unclear issues, they must promptly reflect to the Central Steering Committee for guidance on implementation, absolutely not to unilaterally establish regulations contrary to existing State documents.

6. Simultaneously with the implementation of this housing and land policy, the Government has been and is presenting to the Standing Committee of the National Assembly for promulgation of the Ordinance on Persons with Merit. Localities need to grasp the housing situation of policy beneficiaries, particularly those who have made significant contributions to the revolution, to devise solutions or propose the Government to consider and decide.

Develop plans for the construction of benevolent houses to contribute to solving housing for policy beneficiaries, which is a responsibility shared by all citizens.

7. Housing and land are issues closely linked to the legitimate needs and interests of all citizens. The current housing and land situation still has many problems and complexities, requiring urgent policies and measures to be implemented to restore order in housing and land management and use according to planning, while also generating additional revenue for the budget to develop new housing for society. The organization and implementation of this housing and land policy require strict adherence, prevention of corruption, and achieving the highest effectiveness.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of provincial and municipal People's Committees directly under the Central Government are responsible for organizing the implementation of this Directive./.