Decision No. 62/BXD-QLN on regulations for diplomatic delegations to rent housing in Vietnam

Pursuant to …;

Issued by the Minister of Construction on March 1, 1996, promulgating regulations on renting houses for diplomatic delegations in Vietnam

THE MINISTER OF CONSTRUCTION

Pursuant to Decree No. 15/CP dated March 4, 1994 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Construction;

Pursuant to Decree No. 56/CP dated September 18, 1995 of the Government promulgating the regulations on renting houses for foreigners and overseas Vietnamese residing in Vietnam;

Pursuant to Decree No. 73/CP dated July 30, 1994 of the Government detailing the implementation of the Ordinance on privileges and immunities granted to foreign diplomatic missions, consular offices, and international organizations in Vietnam;

Pursuant to Circular No. 655/QHQT dated February 6, 1996 of the Office of the Government conveying the Prime Minister's opinion on the issuance of regulations on renting houses for diplomatic delegations in Vietnam;

Pursuant to …;

Article 1. - To promulgate the regulations on renting houses for diplomatic delegations in Vietnam attached hereto.

Article 2. - These regulations shall take effect nationwide from the date of issuance. All previous regulations on renting houses for diplomatic delegations that conflict with these regulations shall be abolished.

Article 3. - Ministries, ministerial-level agencies, agencies under the Government, People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decision.

REGULATIONS ON RENTING HOUSES FOR DIPLOMATIC DELEGATIONS IN VIETNAM (Attached to Decision No. 62/BXD-QLN dated March 1, 1996 of the Minister of Construction)

Article 1

Article 1. These regulations stipulate the principles governing the rental of houses by foreign diplomatic missions, consular offices, representative offices of international organizations, and non-governmental organizations in Vietnam (hereinafter referred to collectively as diplomatic agencies).

Article 2. The rental of houses by officials, staff members of diplomatic delegations, and other foreign citizens registered in the list of diplomatic delegations in Vietnam (hereinafter referred to collectively as individuals belonging to diplomatic delegations) shall also be governed by these regulations.

Article 3. In cases where international treaties signed or acceded to by the Socialist Republic of Vietnam provide different provisions than these regulations, such treaties shall prevail.

Article 2

Clause 1. In Hanoi, the Ministry of Foreign Affairs shall delegate a subordinate unit to perform the function of examining and confirming the objects and needs for renting houses by diplomatic agencies and individuals belonging to diplomatic delegations in Vietnam in accordance with Vietnamese laws and international treaties to which Vietnam is a party; ensuring the realization of political foreign policy objectives, national security, and social safety in accordance with the law.

Clause 2. In other localities, the Ministry of Foreign Affairs shall negotiate with the People's Committees of provinces and centrally governed cities regarding the delegation of a local agency to perform the functions specified in Clause 1 of this Article.

Clause 3. The delegated agency as specified in Clause 1 of this Article shall be responsible for developing plans to meet the housing rental needs of diplomatic agencies and individuals belonging to diplomatic delegations in Vietnam for submission by the Joint Ministry of Foreign Affairs, Construction, Home Affairs, and the People's Committee of provinces and centrally governed cities to the Government for decision.

Article 3

Clause 1. Economic organizations, political and social organizations, and individuals who have permits to rent houses to foreigners according to the regulations promulgated together with Decree No. 56/CP dated September 18, 1995 of the Government (hereinafter referred to as the lessor) if they wish to rent houses to diplomatic agencies or individuals belonging to diplomatic delegations must submit the following documents to the delegated agency as specified in Article 2 of these regulations:

Point a. Application for renting houses to diplomatic delegations (Form No. 1/ĐNG attached to these regulations);

Point b. A copy of the permit for renting houses to foreigners issued by the competent state authority;

Clause 2. Within a maximum period of 20 days from the date of receipt of the documents specified in Clause 1 of this Article, the delegated agency as specified in Article 2 of these regulations shall be responsible for reviewing and responding in writing whether to approve or not approve the application for renting houses to diplomatic delegations.

Article 4

Clause 1. Diplomatic agencies and individuals belonging to diplomatic delegations in Vietnam if they need to rent houses for office premises, offices, or residence (hereinafter referred to as the lessee) must send a written request to the delegated agency as specified in Article 2 of these regulations, clearly stating the requirements for the house to be rented: location, address, area, structure, interior furnishings, purpose of use, lease term, etc.

Clause 2. Within a maximum period of 60 days from the date of receipt of the written request from the lessee, the delegated agency as specified in Article 2 of these regulations shall be responsible for responding in writing and guiding the diplomatic delegation to find houses meeting the prescribed conditions and standards.

Article 5. - The contract for diplomatic missions and individuals under diplomatic delegations to rent houses in Vietnam shall be carried out according to Model No. 2 attached hereto. In case both parties have additional agreements, they are permitted to supplement but must not contravene current Vietnamese laws.

This contract only has legal effect when confirmed by the agency issuing the rental permit and the authorized agency as stipulated in Article 2 of this Regulation.

Article 6. - Rights and obligations of the Lessor, Lessee, and service enterprises for diplomatic missions and individuals under diplomatic delegations renting houses shall be implemented in accordance with the provisions of Chapter III of the Regulation issued together with Decree No. 56/CP dated September 18, 1995 of the Government.

Article 7. - Handling violations of regulations on renting houses for diplomatic delegations in Vietnam shall be carried out in accordance with the provisions of Chapter IV of the Regulation issued together with Decree No. 56/CP dated September 18, 1995 of the Government.

Article 8. - Within 180 days from the date of issuance of this Regulation, cases of renting houses to diplomatic missions and individuals under diplomatic delegations in Vietnam that have not been carried out in accordance with the provisions of this document, the Lessor and Lessee must reprocess the procedures to comply.

Article 9. - This Regulation takes effect from the date of issuance. Previous regulations concerning renting houses for diplomatic delegations in Vietnam that contradict this Regulation are hereby abolished.

Article 10. - The Ministry of Foreign Affairs shall coordinate with the Ministry of Construction and People's Committees of provinces and centrally governed cities, along with relevant agencies, to direct, guide, and supervise the implementation of this Regulation.