Joint Circular No. 6-LBTT guiding the implementation of the Prime Minister's Decision No. 33-TTg dated February 5, 1993 on transferring the management of housing funds owned by the State to a business model.

CIRCULAR
CONSOLIDATED DOCUMENT NO. 6-LBTT OF FEBRUARY 10, 1993 GUIDING THE IMPLEMENTATIONOF THE PRIME MINISTER'S DECISION NO. 33-TTG OF FEBRUARY 5, 1993 ON TRANSFERRING THE MANAGEMENT OF HOUSING FUNDS BELONGING TO STATE OWNERSHIP
Prime Minister, Deputy Prime Ministers of the Government;T ĐTO BUSINESS MODELS.|||On February 5, 1993, the Prime Minister issued Decision No. 33-TTg on transferring the management of housing funds belonging to state ownership to business models. Ớ  

On February 5, 1993, the Prime MinisterDeputy ministers of ministerial-level agencies,||| GUIDED BY THE MINISTRY OF FINANCE, ENTERPRISES OPERATING DUTY-FREE SHOPS MUST APPLY THE "VIETNAM DUTY NOT PAID" STAMP TO DUTY-FREE GOODS SOLD AT DUTY-FREE STORES OPERATED BY THE ENTERPRISES.issuedandDecision No. 33-TTG regarding the transfer of the management of housing funds belonging to state ownership to business models.t đThe Ministry of Construction and the Ministry of Finance guide the implementationI. HOUSING FUNDS BELONGING TO STATE OWNERSHIPớHousing funds belonging to state ownership include the following types of housing:1. Housing established with state budget capital (central and local) in the following forms:

- Investment in new construction and transfer to local real estate departments for rental management.- Direct investment for administrative and public service agencies, armed forces, Party organizations, and mass organizations (hereinafter referred to as administrative and public service agencies) to build new housing for distribution to cadres, civil servants, and employees.- New construction of housing for cadres, workers, and employees of newly established factories and enterprises (as part of basic construction investment) according to economic and technical regulations for factory and enterprise construction.Article 1. Amending and supplementing some articles of Circular No. 54/2013/TT-BGTVT dated December 16, 2013 of the Minister of Transport on officers inspecting seagoing vessels

- Purchase of housing for distribution to cadres, workers, and employees.Number: 07/2005/CT-NHNN

2. Housing established with capital from administrative and public service agencies and state-owned enterprises (excluding housing built from capital determined to be welfare funds of state-owned enterprises, which belong to collective ownership and will have separate regulations).

3. Housing with other ownership origins transferred to state ownership according to the law, including:

- Housing taken over by the State from the old regime after the liberation of the North (for northern provinces) and the reunification of the country (for southern provinces).

- Housing transferred to state ownership when implementing Decision No. 297-CT of October 2, 1991 of the Council of Ministers' Chairman.

- Housing donated by individuals and organizations both domestically and internationally.

- In cases where housing is constructed with state budget capital or capital from state-owned enterprises but includes contributions from individuals or non-state economic organizations, such housing is still considered state-owned and will be handled as follows:

- If it is agreed to construct for sale, the contribution from individuals or non-state economic organizations will be treated as advance payment for purchasing the house. When the buyer pays off the remaining amount and completes the purchase procedures according to the Housing Law, the house will belong to the buyer.

- If it is agreed to construct for rent, the contribution from individuals or non-state economic organizations will be treated as advance rent. The occupant does not need to pay rent until the contributed amount is deducted from the rent.

II. ORGANIZATIONAL STRUCTURE AND OPERATIONS OF HOUSING BUSINESSES IN LOCAL REAL ESTATE SECTORS

FROM THE DATE THIS CIRCULAR IS ISSUED, HOUSING FUNDS BELONGING TO STATE OWNERSHIP MANAGED FOR RENTAL BY COMPANIES, ENTERPRISES, DEPARTMENTS, AND UNITS UNDER LOCAL REAL ESTATE SECTORS IN CITIES, MARKET TOWNS, TOWNS, DISTRICTS, COUNTIES... MUST COMPLETE THE PROCEDURES TO TRANSFER TO A BUSINESS MODEL AS REQUIRED.

Housing businesses under local real estate sectors are state-owned enterprises that implement economic accounting and operate in the housing sector.

The name of the enterprise is uniformly specified as "Housing Business Company," subject to the management of the Provincial Department of Construction. For the two cities of Hanoi and Ho Chi Minh City, which have large housing funds, the Minister of Construction will negotiate with the Chairmen of the People's Committees of these two cities regarding the organizational system of housing business units.

The Housing Business Company has the responsibility to manage and maintain the housing fund assigned to it and develop new housing funds. Specifically:

a) Organize lease contracts for housing for eligible recipients in accordance with legal provisions.

b) Collect rent payments fully and promptly according to prices set by the Chairman of the Provincial People's Committee applicable from November 1, 1992, through either of the following methods:
- Direct collection from tenants,- Entrusted collection through the tenant's workplace.

At the same time, implement rent exemptions and reductions for state-owned housing for eligible recipients as stipulated in Circular No. 27-LBTT dated December 31, 1992, and other state guidelines.

c) Develop plans and organize maintenance of leased housing based on rental income allocated for this purpose and ensure the maintenance of existing housing stock.

d) Implement decisions of the Provincial People's Committee regarding housing, such as acceptance, management, adjustment, recovery, clearance, sale, etc.

e) Invest and provide services for housing development by utilizing state budget capital assigned and mobilizing self-owned capital, bank loans, joint ventures, and collaborations with other entities and individuals to operate in the housing sector through the following forms:

- Renovating, upgrading, and expanding the area of housing currently managed for sale or rental.

- Purchasing housing from other owners for renovation, upgrading, expansion, and additional area for sale or rental.

- Based on approved planning, exploiting land plots for infrastructure construction to lease land areas and build new housing for sale or rental.

h) Engage in the business of construction materials to serve repair and construction needs.

The implementation of tasks listed in points e and h must comply with national laws.

Depending on specific conditions in each locality, the Housing Business Company may undertake related housing business tasks as mentioned in points e and h above.

d) Implement decisions on houses of the Provincial People's Committee such as receiving, managing, adjusting, recovering for clearance, selling, etc.

e) Invest in and provide housing development services using state budget funds assigned and mobilizing own capital, borrowing from banks, joint ventures, and collaborations with units and individuals to operate in the housing business through the following forms:

- Renovating, upgrading, and expanding the area of houses currently under management for sale or lease.

- Purchasing houses from other owners for repair, renovation, upgrading, and increasing the area for sale or lease.

- Based on approved planning, exploiting land funds affected by construction sites of technical infrastructure projects for leasing land, building new houses for sale or lease.

h) Be allowed to combine the business of construction materials serving the needs of repairs and construction of projects.

The implementation of tasks recorded in points e and h must comply with the provisions of state laws.

Depending on specific conditions of each locality, the Housing Business Company may undertake tasks related to housing business as recorded in points e and h above.

4. The Director of the Housing Business Company shall base on the housing fund under State ownership entrusted to manage, refer to the rental price list issued by the Chairman of the People's Committee of the province, centrally governed city (hereinafter referred to as the province) applicable from November 1, 1992, and the regulations on rent exemption and reduction for beneficiaries of preferential policies to prepare the annual revenue plan (allocated monthly) for housing lease contracts under State ownership. At the same time, based on the unit's capacity and market demand, they shall prepare the annual revenue plan for housing development activities, then consolidate these plans into the unit's production and financial plan for submission to the competent authority for approval.

5. Based on the approved revenue plan, the Housing Business Company must pay the entire basic depreciation (for the leasing activity of housing under State ownership) and other amounts payable for housing development business activities according to current regulations into the state budget through the Treasury in accordance with the provisions of the Ministry of Finance.

6. From the total revenue generated from the leasing of housing under State ownership, the Housing Business Company may retain the portion for major repair depreciation, regular maintenance costs, management expenses, and profit, and use these funds according to the plan approved by the competent authority. Simultaneously, they shall prepare a plan for the use of basic depreciation towards the goal of developing new housing funds, which shall be submitted to the competent authority and the Department of Finance for approval.

7. The establishment of Housing Business Companies within the local real estate sector must comply with the national housing policy and proceed in the following manner:

a) Based on the housing fund managed for lease by the local real estate sector, the number and organizational structure of existing housing management units, specific characteristics of each locality... the Chairman of the Provincial People's Committee needs to develop a restructuring plan for housing business units throughout the province, including determining the number of units required (based on splitting or merging existing units), scale, structure, operating area, and functions and responsibilities of each unit. Subsequently, decisions to establish each company will be made after being reviewed by the Ministry of Construction and issuing agreements in accordance with the regulations on the establishment and dissolution of State-owned enterprises stipulated in Decree No. 388-HĐBT dated November 20, 1991 of the Council of Ministers and accompanying Circulars guiding the establishment of enterprises issued by competent authorities.

b) Before submitting the dossier for re-establishment of the Housing Business Company, the Chairman of the Provincial People's Committee shall send the following documents to the Ministry of Construction (original copies):

- The restructuring plan for housing business units in the Province;

- The rental price list for various types of houses issued by the Chairman of the Provincial People's Committee applicable before November 1, 1992;

- The rental price list for various types of houses issued by the Chairman of the Provincial People's Committee applicable from November 1, 1992;

(This price list was developed in accordance with the guidelines of the Joint Circular No. 1-LBTT dated January 19, 1993 of the Ministry of Construction and the Ministry of Finance).

c) When preparing the establishment dossier for Housing Business Companies, the Chairman of the Provincial People's Committee needs to direct relevant functional departments to conduct inventory, valuation, and capital transfer of housing funds under State ownership managed by the real estate sector to these companies for management and business operations.

The handover record must clearly specify the quantity of each type of house (based on the results of the house inventory at 00:00 on May 15, 1992) along with the value index calculated according to the capital preservation regulations of the Ministry of Finance.

III. HOUSING MANAGEMENT IN ADMINISTRATIVE AND PUBLIC SERVICE ORGANIZATIONS, STATE ENTERPRISES.

1. Housing funds under State ownership currently managed by administrative and public service organizations, state enterprises shall continue to be self-managed by these units but must comply with the State's housing management regulations as follows:

a) Organize the signing of housing lease contracts for eligible tenants in accordance with legal provisions.

b) Organize the full and timely collection of housing rental fees according to the unified prices on the local area set by the Chairman of the Provincial People's Committee applicable from November 1, 1992, through one of the following methods:

- Directly collect from tenants.

- Entrust collection through the organization where the tenant works.

At the same time, implement rent exemptions and reductions for housing under State ownership for beneficiaries as specified in Joint Circular No. 27-LBTT dated December 31, 1992, and other guidance from the State.

c) Prepare plans for organizing repairs of leased housing;

d) Implement decisions according to the legitimate authority of the Provincial People's Committee (for administrative and public service organizations, state enterprises under local management) or the central ministry (for administrative and public service organizations, state enterprises under central management) such as accepting, managing, adjusting, recovering, selling, etc., regarding the housing funds managed by the organization.

e) Fulfill obligations to the State in accordance with the guidance of the Ministry of Finance.

2. Administrative and public service organizations or state enterprises under central management may also transfer housing funds under State ownership that they are currently managing to a local real estate business company if the company agrees and there is an agreement between the head of the central ministry and the Chairman of the Provincial People's Committee regarding the transfer of this housing fund.

Administrative and public service organizations or state enterprises under central management may also transfer housing funds under State ownership that they are currently managing to a local real estate business company if the company agrees and there is an agreement between the head of the central ministry and the Chairman of the Provincial People's Committee.

When transferring housing funds, both parties must complete asset transfer procedures in accordance with current regulations.

IV. IMPLEMENTATION

The implementation of Decision No. 33-TTg dated February 5, 1993, of the Prime Minister is the key task in current state management of housing. It is requested that the Chairmen of the People's Committees of the provinces, Heads of central Ministries and sectors strictly direct all levels and subordinate units to promptly organize and implement this work, and regularly report to the Government (also sent to the Ministry of Construction and the Ministry of Finance) to timely address any difficulties arising during the implementation process.