Decision No. 62-BXD/QLN on the regulations for diplomatic missions to rent houses in Vietnam

Pursuant to …;

Issuing regulations on renting houses for Diplomatic Missions 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;

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 diplomatic missions, consular offices of foreign countries, and international organizations in Vietnam;

Pursuant to Circular No. 655/QHQT dated February 6, 1996 of the Government Office notifying the Prime Minister's opinion on issuing regulations on renting houses for Diplomatic Missions in Vietnam;

Pursuant to …;

Article 1. - Issuing with this Decision the regulations on renting houses for Diplomatic Missions in Vietnam.

Article 2. - These regulations shall take effect nationwide from the date of issuance. All previous regulations on renting houses for Diplomatic Missions that conflict with these regulations are hereby abolished.

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

                                                                          Minister

                                                                         Ngô Xuân Lộc

                                                                         (Signed)

REGULATIONS

ON RENTING HOUSES FOR DIPLOMATIC MISSIONS IN VIETNAM
(Issued together with Decision No. 62/BXD-QLN dated March 1, 1996 of the Minister of Construction)

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Article 1

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

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

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 be applied.

Article 2

1. In Hanoi, the Ministry of Foreign Affairs authorizes a subordinate unit to perform the function of reviewing and confirming the objects and rental needs of diplomatic mission agencies and individuals renting and using houses in Vietnam in accordance with Vietnamese laws and international treaties to which Vietnam is a party, ensuring the implementation of political foreign policy objectives, national security, and social safety in accordance with the law.

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

3. The authorized agency as stipulated in Clause 1 of this Article shall be responsible for developing plans to meet the rental needs of diplomatic mission agencies and individuals in Vietnam for submission by the Joint Ministries of Foreign Affairs, Construction, Home Affairs, and the People's Committees of provinces and centrally-run cities to the Government for decision.

Article 3

1. Economic organizations, political and social organizations, and individuals who have permits to rent houses to foreigners under the regulations issued 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 mission agencies or individuals must submit the following documents to the authorized agency as stipulated in Article 2 of these regulations:

a. Application form for diplomatic missions to rent houses (Form No. 1/DM attached to these regulations);

b. A copy of the permit to rent houses to foreigners issued by the competent state authority.

2. Within a maximum period of 20 days from the date of receipt of the documents mentioned in Clause 1 of this Article, the authorized agency as stipulated in Article 2 of these regulations shall be responsible for examining and responding in writing whether to approve or not approve the application for diplomatic missions to rent houses.

Article 4

1. If diplomatic mission agencies and individuals in Vietnam need to rent houses for office premises, offices, or residence (hereinafter referred to as the lessee), they must send a written request to the authorized agency as stipulated 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.

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

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

This contract only has legal effect when confirmed by the authority 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 belonging to 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 to 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 belonging to 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 to 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, along with People's Committees of provinces and centrally governed cities, and relevant agencies to direct, guide, and inspect the implementation of this Regulation.