Circular No. 68/2017/TT-BQP provides detailed regulations and guidance on the management and use of official housing within the Ministry of National Defense.

CIRCULAR

REGULATIONS AND GUIDELINES FOR THE MANAGEMENT AND USE OF PUBLIC HOUSING IN THE MINISTRY OF NATIONAL DEFENSE

Pursuant to the Housing Law issued on November 25, 2014;

Pursuant to the Law on Legislative Documents dated June 22, 2015;

Pursuant to Decree No. 99/2015/NĐ-CP dated October 20, 2015 of the Government detailing and guiding the implementation of certain provisions of the Law on Housing;

Pursuant to Decree No. 76/2016/NĐ-CP dated July 1, 2016 of the Government stipulating material standards for active-duty military personnel, defense workers, and civil servants;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Based on Decision No. 27/2015/QĐ-TTg dated July 10, 2015 of the Prime Minister regarding standards for public housing;

At the proposal of the Director of the General Logistics Department;

The Minister of National Defense issues this Circular to regulate and guide the management and use of public housing in the Ministry of National Defense.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates and guides the management and use of public housing in the Ministry of National Defense, including: Principles of application; types of public housing; standards and interior equipment; regulations on management and use; rights and responsibilities of agencies, units, and individuals renting public housing in the management and operation of public housing; rental contracts, rental prices, payment of rent for public housing; reporting systems, dispute resolution, violation handling; responsibilities of related agencies and units.

Article 2. Applicability

1. Officers, professional soldiers, workers, and civil servants of national defense who are serving on active duty and are transferred or rotated according to defense requirements, and persons working in confidential organizations funded from the state budget managed by the Minister of National Defense (hereinafter referred to as officers and staff).

2. Agencies, units, organizations, and individuals related to the management and use of public housing in the Ministry of National Defense.

Article 3. Explanation of Terms

1. Public housing in the Ministry of National Defense is a closed apartment (house) type, intended for allocation to officers and staff meeting the conditions to be rented during their tenure; it is a property under the ownership of the State managed and used by the Ministry of National Defense.

2. The agency managing public housing is an agency or unit directly subordinate to the Ministry of National Defense assigned the task of directly managing the public housing fund of the Ministry of National Defense and its subordinate units.

3. The organization managing and operating public housing is an entity with legal personality or a business established in accordance with the laws on businesses, having the function and professional capacity to manage and operate housing; selected by competent state authorities to implement the management and operation of public housing.

Article 4. Prohibited Acts

1. Changing the purpose and using improperly; storing flammable, explosive materials, causing noise, environmental pollution, or other activities affecting the lives of officers and staff renting public housing.

2. Renting to inappropriate subjects, those not meeting the conditions to rent public housing, and failing to comply with the provisions at Point b Clause 2 Article 16 of this Circular.

3. Occupying public housing or obstructing the implementation of state management responsibilities regarding public housing.

4. Transferring or assigning rental contracts for public housing in any form.

5. Not residing or allowing others to borrow or stay temporarily in part or all of the public housing.

6. Improving, repairing, expanding, or occupying adjacent land areas without authorization.

7. Collecting and using rental income from public housing in violation of state regulations and this Circular.

8. Other prohibited acts as stipulated by law.

Chapter II

PRINCIPLES OF PLANNING AND DESIGN OF PUBLIC HOUSING; TYPES OF PUBLIC HOUSING, AREA STANDARDS, INTERIOR EQUIPMENT, USAGE STANDARDS

Article 5. Basic principles for planning and designing public housing

1. Planning principles

a) Public housing planning must be conducted in accordance with regulations, approved by authorized bodies in accordance with the law, without affecting the execution of the main political tasks of the unit and the daily life of military personnel;

b) Planning must be integrated, complete, with clear functional zones, reasonable functions; connecting infrastructure with local residential areas;

c) Land use indicators such as building density, land use coefficient, building height, setback distances from roads, green space ratio, and traffic land ratio must comply with current standards and regulations.

2. Design construction principles

a) Ensuring safety and durability in use; architectural and structural designs must suit natural conditions, resist natural disasters, and conform to detailed construction plans already approved by competent state and Ministry of National Defense authorities;

b) Adhering to national standards and technical regulations issued and the provisions of this Circular; ensuring functionality, fire prevention, environmental hygiene, and waste treatment requirements;

c) Ensuring connectivity of technical and social infrastructure; facilitating management, use, and operation.

Article 6. Types of Official Housing and Area Standards

1. For detached villas

They shall be designed as single-detached or semi-detached villas. The maximum height shall not exceed three floors. The area of the villa compound shall not be less than 350 square meters and not more than 500 square meters, including two types:² and not exceeding 500 m²a) Type A: Land area from 450 to 500 square meters, usable house area from 300 to 350 square meters

a) Type A: Land area of 450 m² b) Type B: Land area from 350 to 400 square meters, usable house area from 250 to 300 square meters², usable house area from 300 m² 2. Attached houses²;

The land area shall not be less than 80 square meters and not more than 150 square meters, including two types:² to 400 m²a) Type C: Land area from 120 to 150 square meters, usable house area from 150 to 170 square meters² to 300 m².

b) Type D: Land area from 80 to 120 square meters, usable house area from 100 to 120 square meters

The land area shall not be less than 80 m² 3. Apartment units in urban areas shall be designed as closed apartments, with the usable area of each unit not less than 25 square meters and not more than 160 square meters, including five types:²including the following two types:

a) Type 1 apartment: Usable area from 140 to 160 square meters² to 150 m²b) Type 2 apartment: Usable area from 100 to 115 square meters² to 170 m²;

c) Type 3 apartment: Usable area from 80 to 100 square meters² to 120 m²d) Type 4 apartment: Usable area from 60 to 70 square meters² to 120 m²;

3. For residential apartments in urban areas designed as fully enclosed units, the usable area of each apartment shall not be less than 25 m² e) Type 5 apartment: Usable area from 25 to 45 square meters²including the following five types:

4. Houses in rural areas shall be designed as closed houses, with the usable area of each house not less than 25 square meters and not more than 90 square meters, including four types:² to 160 m²;

a) Type 1 house: Usable area from 80 to 90 square meters² to 115 m²;

b) Type 2 house: Usable area from 55 to 65 square meters² to 100 m²;

c) Type 3 house: Usable area from 40 to 55 square meters² to 70 m²;

d) Type 4 house: Usable area from 25 to 35 square meters² to 45 m².

Article 7. Standards for Using Official Housing² 1. Type A villa: To be allocated for members of the Politburo, Secretaries of the Central Committee of the Party.²including the following four types:

2. Type B villa: To be allocated for officers holding the rank of General, except those specified in Clause 1 of this Article.² to 90 m²;

3. Type C attached house or Type 1 apartment in urban areas: To be allocated for officers holding the rank of Lieutenant General, Admiral of the Navy.² to 65 m²;

4. Type D attached house or Type 2 apartment in urban areas: To be allocated for officers holding the rank of Major General, Brigadier General; Vice Admiral, Rear Admiral of the Navy and equivalent ranks.² to 45 m²;

d) Type 4 house: Usable area from 25 m² 5. Type 3 apartment in urban areas or Type 1 house in rural areas: To be allocated for officers holding the rank of Colonel, Senior Colonel, Major and equivalent ranks.².

Article 7. Standards for the use of public service housing

6. Type 4 apartment in urban areas or Type 2 house in rural areas: To be allocated for officers holding the rank of Lieutenant Colonel, Major and equivalent ranks.

2. Type B villa: To be allocated to officers holding the rank of General, except for the positions specified in Clause 1 of this Article.

7. Type 5 apartment in urban areas or Type 3, 4 houses in rural areas: To be allocated for other eligible individuals.

4. Type D attached houses or type 2 residential apartments: To be allocated to officers holding the rank of Lieutenant General, Major General; Deputy Admiral, Rear Admiral of the Navy and equivalent ranks.

Article 8. Standards for Equipping Interior Furniture in Official Housing

1. Principles for equipping interior furniture in official housing

a) Basic interior furniture for new official housing construction projects: The cost of basic interior furniture shall be included in the project approval for implementation, ensuring synchronization when the project is put into operation;

Article 8. Standards for equipping interior furnishings for public service housing

b) For purchased apartments to be used as official housing: If the purchased apartment already has basic furniture, it shall not be replaced but only supplemented with missing items according to Clause 2 of this Article;

a) Basic interior furnishings for new public service housing construction projects: The cost of basic interior furnishings shall be included in the project approval for implementation, ensuring synchronization when the project is put into operation;

c) For existing official housing that was put into use before the effective date of this Circular: The current status shall be maintained; based on the budget allocation and the unit's ability to ensure, appropriate equipment shall be considered for each category;

c) For public service housing that has been constructed and put into use before the effective date of this Circular, the current status shall be maintained; based on the budget allocation and the unit's ability to ensure, consider equipping appropriately for each category;

d) The provision of basic interior furniture for official housing must be approved by the competent state agency;

d) Equipment and interior furnishings for public service housing must have a minimum usage period of 5 years.

e) Equipment and interior furniture for official housing must have a minimum service life of five years.

3. The maximum budget limit for basic interior furnishings for villas and residential apartments in urban areas as stipulated in Clause 2 of this Article is as follows:

2. The basic interior furniture for villas and apartments in urban areas designated as official housing includes: A set of living room tables and TV stands, air conditioners for all rooms, dining table sets, refrigerators, kitchen cabinets (coordinated), cooking stoves and exhaust hoods; standing wardrobes, beds, mattresses, washing machines, hot water tanks, one personal desk set.

b) Type 2-bedroom public service apartment with 1 living room (equivalent to type D attached houses and type 2, type 3 apartments): VND 160 million;

3. The maximum budget for basic interior furniture for villas and apartments in urban areas as stipulated in Clause 2 of this Article is as follows:

d) For villas with 4 bedrooms, 1 living room, and 1 office: VND 250 million.

a) For one-bedroom, one-living room official apartments (corresponding to Type 4 and Type 5 apartments): VND 120 million;

In places where there is no electricity supply, electrical equipment shall not be installed.

b) For two-bedroom, one-living room official apartments (corresponding to Type D attached houses and Type 2, Type 3 apartments): VND 160 million;

a) For fully enclosed houses with shared bedroom and living room (equivalent to type 4 apartments): VND 75 million;

c) For three-bedroom, one-living room official apartments (corresponding to Type C attached houses and Type 1 apartments): VND 200 million;

c) For fully enclosed houses with 2 separate bedrooms and 1 living room (equivalent to type 1 apartments): VND 120 million.

d) For villas with four bedrooms, one living room, and one office: VND 250 million.

7. When the market price of basic interior furnishings fluctuates (increases or decreases) by more than 20% compared to the maximum budget limit set out in Clause 3 and Clause 5 of this Article, adjustments shall be made; such adjustments shall be carried out according to Point a of Clause 4 of Article 28 of this Circular.

8. The basic interior equipment purchasing costs are included in the total investment ceiling and budget estimate for new construction investment projects. For independent basic interior equipment purchasing projects according to the decision of the competent authority, they must be carried out strictly in accordance with the budget preparation procedures, implementation, and final accounting as prescribed by the State Budget Law, the Bidding Law, and the regulations and guidelines of the Ministry of National Defense.

Chapter III

MANAGEMENT AND USE OF PUBLIC HOUSING

Article 9. General Provisions on the Management and Use of Public Housing

1. Public housing, which is a state-owned asset, must be strictly managed in accordance with the laws on managing and using public assets.

2. For the public housing fund invested in by the Ministry of National Defense for shared use by multiple agencies and units stationed in the same area or region (construction, purchase of commercial housing, or rental of commercial housing for public housing purposes), the Ministry of National Defense decides to entrust a unit with the responsibility for centralized management. Based on needs and user categories, the Ministry of National Defense determines the number of apartments (houses) to be rented to each agency or unit. Agencies and units shall review and decide on the users of public housing in accordance with this Circular.

3. Units managing and operating public housing are responsible for implementing decisions on renting public housing; managing and operating, maintaining, ensuring safety, security, and environmental sanitation; participating in the recovery of public housing.

4. Warranty, maintenance, renovation, and demolition of public housing shall be carried out in accordance with Articles 85, 86, 90, 92, 93, and 94 of the Housing Law 2014 and related guiding documents.

5. The archiving of public housing records shall be conducted in accordance with Clause 2, Article 12, Point g, Clause 2, Article 13 of this Circular and the Construction Law, specifically as follows:

a) For newly constructed public housing: Land use rights certificates. Project approval documents and drawings; completion drawings; acceptance and handover documents; maintenance procedures for housing and equipment designed by the housing contractor and supplied by the equipment supplier; other relevant files and documents (if any);

b) For public housing put into use before the effective date of the Housing Law 2014 and for some apartments in communal buildings that have not yet been managed according to the provisions of Point a above, the public housing management agency is responsible for organizing the establishment or hiring a consulting unit with sufficient capacity to establish management files as follows:

For public housing put into use before July 1, 2015 (the effective date of the Housing Law 2014), the management files include: Certificate of land use rights. A panoramic photograph of the main facade of the house; a current site plan of the public housing area showing the location, shape, size, and area of the land plot and facilities within the public housing premises. Current layout drawings of the electrical, water supply and drainage, communication systems, and interior equipment (if any) in the public housing. Maintenance procedures for public housing and its interior equipment;

For public housing apartments sourced from purchased commercial housing in communal buildings: Legal documents and sales contracts for commercial housing arranged as public housing. Acceptance and handover certificates between the developer and the public housing management agency for the housing and interior equipment. Current floor plans of floors containing public housing. Settlement and final accounts documents related to public housing investment funds. Certificates of land use rights, ownership of housing, and other property rights attached to the land issued to the purchaser of commercial housing for public housing purposes;

c) The cost of establishing management files for public housing shall be guaranteed by the regular defense budget and included in the annual budget of the public housing management agency.

Article 10. Representative bodies of the owner and management agencies of public service housing

1. The Ministry of National Defense is the representative body of the owner of the public service housing fund managed by the Ministry of National Defense.

2. Units under the Ministry of National Defense at division level and equivalent or higher, directly assigned by the Ministry of National Defense to manage public service housing, shall be entrusted with the rights and responsibilities of the representative body of the owner as stipulated in Clause 6, Article 11 of this Circular for the public service housing of their agencies and units.

3. The Ministry of National Defense assigns the General Logistics Department (Camp Management Bureau) as the management agency of public service housing throughout the military.

4. The logistics agencies of units directly assigned by the Ministry of National Defense to manage public service housing are the management agencies of public service housing of those units.

Article 11. Rights and responsibilities of the representative body of the owner of public service housing

1. Implement the allocation of public service housing quotas ensuring appropriate ratios among different groups when the demand for public service housing exceeds the current number of available houses and ensure a reserve of public service housing; decide on tenants of public service housing.

2. Select management operation units through direct assignment or bidding to carry out the management and operation of public service housing.

3. Approve plans for maintenance, renovation, demolition, and reconstruction of public service housing.

4. Issue or decide on rental prices for public service housing.

5. Decide on the recovery or forced recovery of public service housing.

6. Units directly assigned by the Ministry of National Defense to manage and use public service housing shall implement the rights stipulated in Clause 1, 2, and Clause 5 of this Article; approve plans for maintenance and renovation of public service housing after receiving a review document from the Camp Management Bureau/General Logistics Department and issue or decide on rental prices for public service housing after receiving a price review document from the Finance Department/Ministry of National Defense.

Article 12. Rights and responsibilities of the management agency of public service housing

The management agency of public service housing has the following rights and responsibilities:

1. Receive, review, tally, and classify public service housing assigned for management.

2. Collect, compile, store housing files and hand over one complete set of files (for newly constructed housing) or organize the establishment or hire consulting units to establish new survey files (for currently used housing without existing files) for the management operation unit of public service housing.

3. Coordinate with the personnel management agency at the same level to compile and submit lists of tenants to the representative body of the owner of public service housing for decision.

4. Submit to the representative body of the owner of public service housing for decision on the management operation unit of public service housing to implement through a power of attorney contract according to the model prescribed in Appendix I issued together with this Circular.

5. Based on legal regulations, coordinate with the financial agency at the same level to build rental prices for public service housing under management that are suitable to the actual conditions of the unit and locality, and submit to the representative body of the owner of public service housing for decision. Units under the Ministry of National Defense decide on rental prices for public service housing managed by them after receiving a price review document from the Finance Department/Ministry of National Defense; rental prices are sent to the Finance Department/Ministry of National Defense, the Camp Management Bureau/General Logistics Department for consolidation.

6. Inspect and urge the leasing, warranty, maintenance, and management operations of public service housing within the scope of management.

7. Enjoy indirect management costs from rental fees for public service housing as stipulated in Point c, Clause 2, Article 18 of this Circular.

8. Inspect and report on the financial income and expenditure of the management operation unit of public service housing.

9. Develop plans for maintenance, renovation, or reconstruction of public service housing to submit to the representative body of the owner of public service housing for approval in accordance with regulations of the Ministry of National Defense.

10. Inspect, monitor, and handle violations or propose competent authorities to handle violations related to the management and use of public service housing.

11. Summarize and report on the management and allocation for leasing of public service housing as stipulated in Point b, Clause 1 and Clause 2, Article 24 of this Circular.

12. Report to the representative body of the owner of public service housing for decision on the recovery or forced recovery of public service housing.

13. Coordinate with local authorities to register temporary residence, absence registration, and household registration for tenants in accordance with legal regulations on residence in the area where public service housing is leased.

Article 13. Management and Operation of Public Housing

1. Units managing and operating public housing

a) Agencies and units under the Ministry of National Defense directly assigned to manage public housing:

In cases where they have legal personality, management functions, and professional capacity for managing and operating public housing, they shall be entrusted with the management and operation of public housing without affecting their mission, organizational structure, and salary fund.

In cases where they lack legal personality, management functions, and professional capacity for managing and operating public housing, they shall lease management and operation services from other units through direct assignment or bidding in accordance with the Law on Bidding and relevant State guidelines, the Ministry of National Defense, and enter into management and operation contracts through economic agreements with the representative body of the owner of public housing.

b) For public housing in small military units located in remote, border, and island areas, or units with up to thirty public housing units, such units shall independently manage and operate their public housing in compliance with laws and regulations on housing and this Circular, ensuring safety during use, and not affecting their organizational structure and salary fund.

2. Rights and responsibilities of units managing and operating public housing

a) Accepting the public housing fund transferred by agencies managing public housing to implement management and operation in accordance with this Circular and related laws.

b) Implementing management, operation, maintenance, and leasing of public housing according to contracts signed with units designated by the Ministry of National Defense as representatives of the owners of public housing.

c) Drafting, submitting through agencies managing public housing, and promulgating internal regulations for the management and use of public housing as stipulated in this Circular for tenants.

d) Managing the entire area of public housing and the allocated public housing area.

đ) Exploiting the area designated for business and service (if any) within public housing projects in accordance with the law to offset management and operation costs, maintenance of public housing. If the unit managing and operating public housing directly collects fees for services such as electricity, water, internet, or asset storage, it must comply with legal provisions and adhere to the principle of non-commercial intent in fee collection activities.

e) Activities in managing and operating public housing shall enjoy appropriate regimes as prescribed by law for enterprises and public services under the type of contract.

g) Receiving, compiling, and storing completion files and other relevant files concerning the construction, operation, warranty, maintenance, and renovation of public housing; in cases where there are insufficient files, requesting the agency managing public housing to provide redrawn files, newly generated, or supplementary files during the management and use process.

h) Organizing maintenance and renovation of public housing according to plans and designs approved by competent authorities. Minor repairs and equipment maintenance that need immediate attention to ensure safety for people, property, and equipment shall be carried out immediately by the unit managing and operating public housing, while simultaneously reporting to the agency managing public housing, then consolidating sufficient legal documentation for financial settlement according to financial regulations.

For public housing units arranged in commercial residential buildings, the unit managing and operating public housing must allocate funds from the rental income of such public housing units to return to the agency managing public housing for the common maintenance fund (2%) as prescribed by housing laws.

i) Inspecting, monitoring, promptly identifying, handling, or proposing competent authorities to handle violations in the management and use of public housing.

k) Cooperating with local functional agencies to ensure social security and order in public housing areas.

l) Implementing the recovery of public housing according to decisions of competent state authorities; coordinating with local functional agencies and the Military to enforce recovery according to decisions of competent state authorities.

m) Summarizing and reporting periodically, conducting annual or ad hoc inventory as required by the agency managing public housing regarding management and operation, maintenance, and rental management of public housing.

n) Implementing accounting and reporting financial revenues and expenditures for public housing management and operation according to financial regulations.

o) Fulfilling other rights and obligations as prescribed by law.

Article 14. Rights and responsibilities of agencies and units directly managing tenants of public service housing

1. To check and confirm in the application for renting public service housing of officials and staff members and be responsible for the contents thereof.

2. To send registration documents, prepare lists along with applications for renting public service housing as prescribed in Clause 2, Article 15 of this Circular to report to the agency representing the owner of public service housing for examination and decision on the eligible tenants of public service housing.

3. To deduct from the salary of the tenant of public service housing to transfer to the management unit in cases prescribed at Point b and c, Clause 4, Article 19 of this Circular and notify the tenant of public service housing in writing.

4. To notify in writing the public service housing management agency and the management unit operating public service housing when the tenant does not meet the conditions to rent public service housing as prescribed at Point b, Clause 1, Article 15 of this Circular.

5. To create all necessary conditions for the eligible tenants to register temporary residence, absence, and import according to the laws on residence in the area where they rent public service housing.

Chapter IV

SUBJECTS, CONDITIONS; PROCEDURES AND REQUIREMENTS FOR REVIEW; LEASE CONTRACTS, RENTAL PRICES, PAYMENT OF RENT FOR PUBLIC SERVICE HOUSING; RECOVERY, PROCEDURES AND REQUIREMENTS FOR RECOVERY AND ENFORCEMENT OF PUBLIC SERVICE HOUSING

Article 15. Subjects, conditions, procedures, and requirements for renting public service housing

1. Subjects and conditions for renting public service housing

a) Subjects eligible to rent public service housing: Officials and staff members as prescribed in Clause 1, Article 2 of this Circular who are currently working and meet the conditions as prescribed at Point b, Clause 1 of this Article;

b) Conditions for renting public service housing

- Having the need to rent public service housing;

- Having a decision on job transfer or rotation issued by the competent authority;

- Belonging to the category without their own house ownership and have not been rented, purchased, or bought social housing at the place of work or having their own house ownership at the place of work but the average floor area of housing per person in the household is less than 15 square meters;² - Not belonging to the category required to reside in military camps as prescribed by the competent authority.

- Not required to reside in military camps as prescribed by the competent authority.

2. Procedures and requirements for renting public service housing

a) Application dossier for renting public service housing, including:

The application form of the tenant of public service housing with confirmation by the Head of the unit directly managing the tenant regarding the current housing status following the model attached as Appendix II to this Circular;

A copy of the decision on appointment, job transfer, or rotation with confirmation by the issuing agency or the unit directly managing;

List of registered relatives (spouse or partner; children; biological parents; in-laws) of the tenant of public service housing;

b) Procedure

If the subject eligible to rent public service housing as prescribed at Point a, Clause 1 of this Article has the need to rent public service housing, they shall submit one set of dossier as prescribed at Point a of this Clause directly to the Party Committee of the unit directly managing;

Within ten days from the date of receiving complete and valid dossiers, the unit directly managing the person with the need to rent public service housing shall examine the legality if they meet the conditions for renting public service housing as prescribed at Point b, Clause 1 of this Article and send a written document to the Steering Committee for Housing Policy of the agency or unit (through the Personnel Department) as prescribed; in case the dossier is invalid, they must guide the eligible subject to complete it;

Within twenty working days from the date of receiving the request document of the agency or unit managing the person with the need to rent public service housing, based on the housing fund, the Personnel Department shall be responsible for compiling and examining the subjects, conditions, and scoring, preparing a list of people meeting the criteria, arranging officials and staff members into apartments according to standards through the Steering Committee for Housing Policy of the agency or unit, reporting to the Party Committee (Standing Committee) for examination and resolution, submitting to the unit commander for signing the decision to arrange for officials and staff members to rent public service housing as prescribed in Article 16 of this Circular;

After the competent authority issues the decision to arrange for renting public service housing, the public service housing management agency shall send a written document (along with the list of officials and staff members arranged to rent public service housing) directly to the unit managing the operation of public service housing as prescribed in Clause 1, Article 13 of this Circular to sign the rental contract with the tenant. The decision to arrange for renting public service housing shall be sent to the unit managing the operation of public service housing, the unit directly managing the official renting the house, and the tenant of public service housing (one copy each) for coordination in managing and arranging for renting public service housing;

In case the contract expires, if the tenant of public service housing still needs and meets the conditions for renting public service housing as prescribed at Point b, Clause 1 of this Article, they must submit an application for the Head of the unit directly managing to issue a written request to the competent authority for examination and decision. In case the tenant of public service housing does not meet the conditions or the unit cannot arrange, the competent authority making the decision must issue a written response and clearly state the reasons.

Article 16. Competence, Principles for Reviewing and Allocating Official Housing

1. Competence: The Party Committee (Standing Committee), the head of the agency or unit entrusted by the Ministry of National Defense to represent the owner of official housing shall examine and decide on cadres and staff eligible to rent official housing in accordance with this Circular.

2. Principles for Reviewing

a) Democracy, transparency, fairness; correct target groups and standards;

b) Priority order for reviewing as follows:

- Having a decision on job transfer or rotation from the competent authority, who does not yet have housing under their ownership and has not been rented, purchased, or rented-to-own social housing at the new workplace;

- Having a decision on job transfer or rotation from the competent authority, already having housing under their ownership, rented, purchased, or rented-to-own social housing at the new workplace but the average housing area per household member is less than fifteen square meters;² - Not belonging to the category required to reside in military camps as prescribed by the competent authority.

- Having a decision on job transfer or rotation from the competent authority, where the spouse has benefited from land policy but does not yet have housing under their ownership at the new workplace.

c) Implement review through a point system as prescribed in Appendix III attached to this Circular. In cases where candidates have the same number of points, priority will be given in the following order: combatants and those serving in combat; rank and position (higher before lower); distance (farther before closer); policy beneficiaries (war invalids, children of martyrs, children of war invalids, families in difficult circumstances...); those with high academic titles; those with outstanding achievements in work; those with spouses, children, or relatives living together;

d) For cadres holding positions at division level and above who need to rent official housing, if they meet the conditions, they will be prioritized for allocation of official housing rental.

3. Allocation Principles

a) Allocate official housing to the target groups specified in Clause 1, Article 2 according to the standards set out in Articles 6 and 7 of this Circular. If a person holds multiple positions with different housing standards, the highest standard will apply based on their highest position;

b) In cases where there is insufficient official housing to allocate according to the standards, based on the existing official housing fund, the agency or unit conducting the review will arrange for rental; the tenant pays rent based on the actual usable area recorded in the contract, at the rate stipulated in Article 18 of this Circular.

Article 17. Official Housing Rental Contract

1. The rental of official housing must be formalized into a Contract according to the Model prescribed in Appendix IV attached to this Circular.

2. The official housing rental contract must be accompanied by the Internal Regulations for Using Official Housing as stipulated in Point c, Clause 2, Article 13 of this Circular:

a) The rental price for official housing is implemented according to the provisions of Article 18 of this Circular;

b) The rental period is based on the term of appointment or job transfer of the tenant but shall not exceed five (05) years. Upon expiration of the contract, if the tenant still qualifies for continued rental of official housing, upon receipt of a written request from the personnel management agency, the lessor and the tenant of official housing shall enter into a new contract in accordance with the provisions of this Article;

c) The management unit of official housing is responsible for sending the signed contract to the official housing management agency and the agency or unit managing the tenant for coordinated monitoring and management.

Article 18. Calculation Method for Rent Prices of Official Housing

1. The principle for determining rent prices for official housing shall comply with the provisions stipulated in Article 33 of the Law on Housing 2014 and the following regulations:

a) Accurately calculate all necessary costs for managing, operating, maintaining, and leasing official housing during its usage period;

b) Exclude land use fees for constructing official housing and depreciation costs of investment capital for building official housing or purchasing commercial housing for official housing purposes;

c) Rent prices for official housing shall be reviewed and adjusted when the State changes the price framework or rent prices for official housing. In cases where management and operation costs (management service fees) issued by provincial or centrally-administered city People's Committees change, the rent prices will also be correspondingly adjusted;

d) Where there is insufficient official housing stock available for lease within the area but there are commercial housing units that meet quality standards and are suitable to the type and area standards of official housing, the competent authority specified in Clause 1, Article 10 of this Circular shall consider and decide on leasing these commercial housing units as official housing;

In cases where commercial housing is leased as official housing and the rental fee for commercial housing exceeds the amount the tenant should pay, the tenant only pays up to 10% of their current salary at the time of leasing official housing; the procedures for settling the remaining difference are carried out as follows:

Based on the decision regarding the leasing of commercial housing as official housing by the competent authority, the personnel management agency meeting the criteria for leasing official housing shall issue a document to the official housing management agency to determine the rental fee for official housing to be paid and the difference between the rental fee for commercial housing used as official housing and the amount the tenant should pay, and the budget funds allocated to cover the difference according to regulations to be included in the annual expenditure budget of the unit. Based on the approved budget estimate, the personnel management agency leasing official housing shall settle the difference monthly in accordance with the State's salary payment schedule and complete the settlement of this amount together with the unit's general settlement;

đ) For the cost of using services such as electricity, water, telephone, internet, parking various types of vehicles, and other services directly paid by the tenant to the service provider under a bilateral contract;

In cases where the official housing management unit signs a contract with the service provider, the tenant is responsible for paying the service usage fees to the official housing management unit to cover the service provider's costs;

2. The components of the rent price for official housing include: management and operation costs, maintenance costs, leasing management costs for official housing, and are determined specifically as follows:

a) Management and operation costs, including:

- Wages and allowances, social insurance, health insurance, and other deductions from the wage fund for the staff of the official housing management unit;

Units meeting the conditions set forth in Clause 1, Article 13 of this Circular, if they use their own staff to manage and operate official housing, in addition to basic wages, the allowance level shall not exceed 30% of the base salary of the staff currently receiving it;

- Costs for services within the official housing area such as security, cleaning, waste collection and disposal, garden care, pest control, and other services (if any), based on the workload required and the agreed service contract terms;

- Office supplies, office furniture, tools, and inexpensive consumables of the official housing management unit;

- Electricity and water costs for the official housing management unit's office machinery; public lighting in the housing area; elevator operation (if any);

b) Maintenance costs encompass all expenses for regular maintenance, periodic repairs, and emergency repairs aimed at maintaining the quality of official housing (as prescribed by construction laws);

c) Leasing management costs include indirect management costs for the official housing management agency and direct costs for the official housing operation management unit as guided by the Directorate of Finance/Military Affairs;

3. Methods for Determining Rent Prices for Official Housing:

a) Formula for determining the rent price for currently used official housing

Where:

: bid price after corrections and adjustments, minus any discount (if applicable) of the lowest bidder among those detailed financial evaluations;_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the rent price for 1 square meter² of apartment usage in 1 month (VND/square meter²/month);

- Q is the total annual management and operation costs, leasing management costs of the official housing area (VND/year);

Ministry of Construction sets specific price_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the average annual maintenance costs of the official housing area (VND/year);

- T_dv includes revenue from operating services in the official housing area such as parking, cafeteria, advertising, and other service revenues as prescribed by law (VND/year);

- S is the total usable area of apartments in the official housing area (square meters);²);

- P is the reasonable profit margin (percentage);

- K is the discount factor provided by the management and operation unit to reduce the rent price for official housing (if applicable);

- K₁ is the regional coefficient attracting human resources (metropolitan areas, K₁ = 1.0; Type 2, K₁ = 0.95; Type 3, K₁ = 0.9; plain areas K₁ = 0.85; mountainous areas K₁ = 0.8; Northwest, Central Highlands, Southwestern regions K₁ = 0,75);

- K₂ is the floor coefficient: For high-rise residential buildings with elevators, single-story houses, or multi-story houses of a single apartment K₂ = 1,0;

For high-rise residential buildings without elevators: Middle floors (third floor for five-story buildings; second floor for three or four-story buildings) K₂ = 1.0; lower floors have gradually increasing coefficients, upper floors have gradually decreasing coefficients, with a coefficient difference of 0.05 between floors;

- T is the value-added tax rate as prescribed by the State;

b) Formula for determining the rent price for newly constructed official housing: Apply the formula prescribed in Point a of this Clause;

In which, replace Q = dkQ; B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} = dkB_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}; T_dv = dkT_dv

- dkQ is the estimated total annual management and operation costs, leasing management costs of the official housing area (VND/year);

- dkB_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} is the estimated annual maintenance costs for residential buildings and interior fixtures attached to official housing (if any) (VND/year);

- dkT_dv is to estimate revenue from operating housing services for official residences in the year such as: parking service, cafeteria service, advertising, and other service revenues (if any) as prescribed by law (VND/year).

c) Maintenance costs shall be calculated according to the following formula:

Where:

- A is the ratio (%) of maintenance funds for both common and private usage parts in official residences converted from the rate of 2% maintenance funds for common and private usage parts in the official residence project;

- The calculated value is the actual investment cost of constructing 1 sq.m² of official residence, if it cannot be determined, it will be based on the investment cost of similar residential construction projects announced by the Ministry of Construction that are effective at the time of completion of the official residence construction project and the basic interior fitting investment cost;

- B is the ratio (%) of the private usage area compared to the total floor area of the official residence as specified in the official residence project;

- The depreciation period for the investment cost of constructing official residences is calculated corresponding to the level of the construction project and type of house according to Circular No. 162/2014/TT-BTC dated November 6, 2014 of the Minister of Finance on the management system and depreciation of fixed assets in state agencies, public institutions, and organizations using state budget.

* Example of rental price calculation:

- Maintenance cost: In an official residence project where the ratio of common usage area to private usage area is 30%/70%, the actual construction investment cost of 1 sq.m² of official residence is 8,000,000 VND/sq.m², with a depreciation period of 50 years. The basic interior fitting cost for an apartment with an area of approximately 100 sq.m² is 160,000,000 VND (average 1,600,000 VND/sq.m²); the average lifespan of basic interior fittings is about 05 years;

According to the law on housing, maintenance funds for common usage areas are 2% of the selling price of the house, with the common usage area accounting for 30% of the total floor area of the building. Therefore, the maintenance fund ratio (A) for both common and private usage areas of the building is: 2% x 100%: 30% = 6.67%;

- Maintenance cost (B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}) for the first year of operation B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} = B_tn+B_tb Where:

 

x 4.67%

B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} 14,950 (VND/sq.m² of usage/year)

- Total maintenance cost for the first year:

= 15,247 + 14,950 = 30,197 VND/sq.m²- Operating cost Q (calculated according to the local unit price at the time):²+ Security cost for apartment buildings in urban areas (day and night) with a scale of 50 units or more, priced around 1,200 VND to 1,500 VND/sq.m

/month, equivalent to 14,400 VND to 18,000 VND/sq.m²/year;²+ Security cost for apartment buildings in urban areas (day and night) with a scale of 50 units or more, priced around 1,200 VND to 1,500 VND/sq.m

+ Sanitation and waste collection cost priced around 800 VND to 1,000 VND/sq.m²- Operating cost Q (calculated according to the local unit price at the time):²/month, equivalent to 9,600 VND to 12,000 VND/sq.m

+ Salary cost for the management operation unit priced around 1,200 VND to 1,500 VND/sq.m²/year for official residences with hired management operation units; if兼任，补贴按上述费用的三分之一计算；²+ Security cost for apartment buildings in urban areas (day and night) with a scale of 50 units or more, priced around 1,200 VND to 1,500 VND/sq.m

+ Elevator operation cost (for buildings with elevators) priced around 3,700,000 VND to 4,000,000 VND per elevator/month; equivalent to 800 VND to 1,000 VND/sq.m

/month, equivalent to 10,000 VND to 12,000 VND/sq.m²+ Security cost for apartment buildings in urban areas (day and night) with a scale of 50 units or more, priced around 1,200 VND to 1,500 VND/sq.m

- Total maintenance and management operation cost:

B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} + Q = 30,197 + 60,000 = 90,197 VND/sq.m²2. In the event that the Approval Letter is revoked, the project developers shall only be considered for issuance of a new Approval Letter after one (01) year from the date of revocation, if they have fully fulfilled all obligations related to the reasons for the previous revocation of the Approval Letter.

- Value-added tax T = 10% (B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} + Q) = 10% x 90,197 = 9,020 VND;

- Other expenses (C_k) include: electricity and water costs for office equipment; office supplies, office furniture costs, and related costs temporarily estimated at 10% of maintenance and management operation costs:

C_k = 10% (B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.}+Q) = 10% x 90,197 = 9,020 VND;

- Total annual cost for maintenance, management operation, and rental is:

B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} + Q+ T + C_k = 30,197 + 60,000 + 9,020 + 9,020 = 108,237 VND.

of_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} calculated monthly is: 108,237 VND ÷ 12 months = 9,020 VND/sq.m²/month.

+ For apartments fully covered by urban area costs of Type 1, K₁ = 1; the monthly rental price is:

An apartment of 100 sq.m² = 100 x 9,020 VND/sq.m² = 902,000 VND/month;

An apartment of 60 sq.m² = 60 x 9,020 VND/sq.m² = 541,000 VND/month;

+ In cases without basic interior fittings, the rental price is:

Total annual cost for maintenance, management operation, and rental is:

B_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} + Q+ T + C_k = 15,247 + 60,000 + 7,525 + 7,525 = 90,300 VND.

of_{organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.} calculated monthly is: 90,300 VND ÷ 12 months = 7,525 VND/sq.m²/month;

An apartment of 100 sq.m²for a 100 sq.m

An apartment of 60 sq.m²apartment, the monthly rental price is 100 x 7,525 VND = 752,500 VND;

Article 19. Management and Payment of Rent for Official Housing

1. Sources of Rent Revenue for Official Housing

a) Collection from tenants of official housing;

b) Collection from areas used for business exploitation and services as stipulated in Point d Clause 2 Article 13 of this Circular.

2. Management and Payment of Rent for Official Housing

The operating management unit is directly responsible for collecting rent payments for official housing and managing such funds as part of the allocated budget; the Ministry of National Defense manages the revenue sources for official housing under its direct management; subordinate units of the Ministry of National Defense manage the revenue sources for official housing under their management;

Remaining rental income for official housing shall be deposited into an account designated by the Finance Department of the Ministry of National Defense.

3. Expenditure from Rent Revenue for Official Housing

a) Housing Expenses

- Operating and management expenses;

- Maintenance costs: All expenses for regular maintenance, periodic repairs, and emergency repairs to maintain the quality of official housing;

- Rental management costs including indirect management costs for the housing management authority and direct costs for the operating management unit of official housing as guided by the Finance Department of the Ministry of National Defense.

b) Approval Authority for Housing Rent Expenses

- For official housing managed directly by the Ministry of National Defense, the operating management unit of official housing prepares a budget for expenditures to be submitted to the Finance Department of the Ministry of National Defense for review and report to the Head of the Ministry of National Defense for approval before expenditure;

- For official housing managed by subordinate units assigned by the Ministry of National Defense, the operating management unit of official housing prepares a budget for expenditures to be submitted to the housing management authority for submission to the Head of the main subordinate unit of the Ministry of National Defense for approval before expenditure (the approval decision is sent to the Finance Department and the Barracks Management Department of each agency with one copy for monitoring and consolidation);

In cases where rental income from official housing is insufficient to cover maintenance work and management operation costs, support from the state budget is provided. The housing management authority and the operating management unit are responsible for preparing annual revenue and expenditure plans; determining the difference between the amount collected and the amount required for management operations of official housing or residential areas, the state budget will pay the difference to build and include it in the annual expenditure budget of the unit for approval by the competent authority according to regulations;

At the end of each quarter and year, the operating management unit prepares final settlement reports to submit to the housing management authority for approval by the competent authority.

4. Payment of Rent for Official Housing is regulated as follows:

a) Officers and staff renting official housing must sign a lease agreement with the operating management unit and directly pay the rent according to the amount and time specified in the official housing lease agreement;

b) If the tenant fails to pay rent for three consecutive months, the operating management unit of official housing has the right to request the authority directly managing the tenant to deduct the rent from the tenant's salary; the authority directly managing the tenant is responsible for deducting the tenant's salary to pay the operating management unit of official housing;

c) If the operating management unit of official housing signs a lease agreement with the authority directly managing the tenant, that authority is responsible for collecting the rent from the tenant's salary to pay the operating management unit of official housing.

Article 20. Rights and Obligations of the Tenant of Official Housing

1. The tenant of official housing shall have the following rights:

a) To take over the housing and accompanying equipment according to the agreement in the housing lease contract;

b) To use the housing for themselves and family members (listed on the rental application) during the period they hold their position or job;

c) To request the management unit to promptly repair any damage not caused by their fault;

d) To continue signing the official housing lease contract upon expiration of the lease term if they still fall within the eligible category and meet the conditions for leasing official housing as stipulated in this Circular;

đ) To exercise other housing rights as prescribed by law and as agreed in the official housing lease contract.

2. The tenant of official housing shall have the following obligations:

a) To use the housing for residential purposes and to serve daily needs for themselves and family members during the rental period;

b) To maintain the housing and accompanying assets; not to arbitrarily renovate, repair, or demolish official housing; in the case of apartment units, they must also comply with regulations on managing and using communal apartments;

c) Not to sublet, lend, or delegate management of official housing;

d) To pay rent for official housing according to the lease contract signed with the lessor and to settle other service fees as prescribed by the service provider;

đ) To return the housing to the State when they no longer belong to the eligible category for leasing, when they no longer need official housing, or when they commit acts that result in the recovery of housing as stipulated in this Circular, within a maximum period of ninety days from the date of receipt of notification from the official housing management agency;

e) To comply with the decision of the competent authority to forcibly recover housing in cases where such action is required;

g) Other obligations as prescribed by law on official housing and as agreed in the housing lease contract.

Article 21. Recovery of Official Housing

1. The recovery of official housing shall be carried out in any of the following circumstances:

a) Leasing housing beyond authority, to ineligible persons, or without meeting the conditions stipulated in Clause 1, Article 15 of this Circular;

b) The tenant ceases military service, employment, or the lease term expires without further need for leasing; transfers to another location; no longer meets the conditions for leasing official housing as stipulated in this Circular;

c) The tenant requests to return official housing;

d) The tenant of official housing dies, is missing, or has been declared dead (as prescribed by law);

đ) The tenant uses official housing for unauthorized purposes or fails to fully fulfill the obligations of a tenant of official housing as agreed in the contract, leading to a decision by the official housing management agency to recover the housing;

2. Tenants subject to recovery under Clause 1 of this Article must return the housing to the entity responsible for managing official housing; if they fail to return the housing, the representative body of the owner of the housing will decide to forcibly recover it.

Article 22. Procedures for recovery and forced recovery of public service housing

1. Procedures and formalities for recovery of public service housing

a) When it is necessary to recover public service housing as provided for in Clause 1, Article 21 of this Circular; the unit entrusted with representing the owner of public service housing shall notify in writing the staff members renting the housing, the public service housing management agency, and the management operation unit about the time when the staff members must hand over the public service housing for implementation. The notification and handover times for staff members renting housing are as follows:

- Staff members who cease military service, resign, or transfer to another location (reassignment, appointment, rotation) shall receive the handover notice for public service housing at the same time the unit issues the decision to the staff member; within the latest period of 12 months from the date of receiving the notice, the staff member renting the housing must return the public service housing to the management unit;

- In cases where staff members die, retire, or go missing, the unit shall send a written notice to the relatives of the deceased, retired, or missing staff members along with the time when the policy benefits are processed for the staff member; within the latest period of 12 months from the date of receiving the notice, the relatives of the deceased, retired, or missing staff members must return the public service housing to the management unit;

Other subjects shall send a written notice to the staff members renting housing and must return the rented housing to the public service housing management unit within no more than 90 days from the date of receiving the notice;

b) The public service housing management unit shall instruct the public service housing management operation unit to review the current status of the public service housing that has been arranged for rental based on the notified time to proceed with signing the handover record of the public service housing, including three parties: The tenant of the public service housing (staff member or relative of deceased, retired, or missing staff member), the public service housing management operation unit (or agency, person entrusted with managing the operation), and the competent public service housing management agency. The handover record must include the following contents: Legal basis; rental contract for public service housing; address of the public service housing and name of the tenant; parties involved in the handover and the handover content, handover and acceptance time of the public service housing; appendix on the current status of the public service housing and accompanying equipment at the time of recording the handover; confirmation of the handover and acceptance of the public service housing;

c) After receiving the record of the handover of the public service housing, within seven working days from the date of signing the record, the management operation unit and the tenant (relative of the tenant in case the tenant dies, retires) shall proceed with settlement and termination of the contract (payment of rent and services used by the tenant and related matters) and the tenant shall hand over the public service housing to the management operation unit;

d) When the deadline specified in the notice expires and the tenant of the public service housing does not hand over the housing, the management operation unit shall report to the public service housing management agency and the agency or unit managing the tenant of the public service housing to request recovery of the public service housing; the public service housing management agency shall be responsible for checking, if it falls under the category requiring recovery, then submit a proposal to the agency representing the owner of the public service housing for consideration and issuance of a decision to recover the public service housing, with the maximum recovery period not exceeding 30 days from the effective date of the recovery decision;

2. Procedures for forced recovery of public service housing

a) In cases where the tenant of the public service housing falls under the category requiring recovery but fails to return the housing within the prescribed time limit as stipulated in Point d, Clause 1 of this Article, the management operation unit shall issue a document requesting the public service housing management agency to check and report to the agency representing the owner of the public service housing for consideration and issuance of a decision to forcibly recover the public service housing according to Appendix V issued together with this Circular;

b) Upon receiving the report from the public service housing management agency, the agency representing the owner of the public service housing shall be responsible for checking and comparing with the current laws on public service housing to issue a decision to forcibly recover the public service housing within its authority and send this decision to the public service housing management agency, the management operation unit, and the unit managing the tenants of the public service housing for implementation;

c) The authorized agency representing the owner of the public service housing shall issue a decision to forcibly recover the public service housing, attach a document with the forced recovery decision and request the People's Committee of the province where the public service housing is located to organize the forced recovery and handover of the housing to the public service housing management agency;

The inspection agency of the unit entrusted with representing the owner of the public service housing shall be responsible for organizing the forced recovery;

The handover of public service housing must be recorded in a document with confirmation from the agencies participating in the forced recovery. The costs of compulsory recovery of public service housing shall be borne by the party subject to forced recovery; in cases where the tenant does not pay, the agency managing the tenant shall be responsible for requesting the agency currently paying the salary to deduct from the tenant's salary to cover the payment;

d) The deadline for implementing forced recovery shall not exceed 30 days from the date the competent agency issues the decision to forcibly recover the public service housing;

đ) After the handover and acceptance of the recovered public service housing, the public service housing management unit shall be responsible for managing and using the public service housing according to the decision on forced recovery of the public service housing;

Chapter V

REPORT ON THE MANAGEMENT AND USE OF PUBLIC SERVICE HOUSING

Article 23. Procedure for Reporting on the Management and Use of Official Housing

1. The unit managing and operating official housing shall report to the direct management agency of official housing on the situation of management and operation, maintenance, and rental management of official housing.

2. The direct management agency of official housing shall report to the unit assigned by the Ministry of National Defense to manage official housing on the situation of management and allocation for renting official housing.

3. Units assigned by the Ministry of National Defense to manage official housing shall report to the Ministry of National Defense (through the Barracks Department) on the situation of management and use of official housing by their agencies and units.

4. The Barracks Department shall compile and report to the Head of the Ministry of National Defense on the implementation of the management and use of official housing throughout the military.

Article 24. Reporting System and Content

1. Reporting System

a) Regularly every three months or at any time upon request of the official housing management agency, the unit managing and operating official housing shall report on the situation of management and operation, maintenance, and rental management of official housing.

b) Regularly every six months (on the 20th day of the last month of each period) annually or at any time upon request of the representative agency of the owner of official housing, the official housing management agency shall report on the situation of management and allocation for renting official housing under its management.

c) Annually or at any time, units shall report to the Ministry of National Defense (through the Barracks Department) before December 20 each year on the situation of management and use of official housing managed by their agencies and units, according to the content stipulated in Clause 2 of this Article, for compilation and reporting to the Head of the Ministry of National Defense.

2. Content of Annual Reports: Agencies specified in Clause 1 of this Article shall implement comprehensive and detailed reports on the situation of management and use of official housing according to the forms prescribed in Appendix VI and Appendix VII issued together with this Circular. In cases where units only need to report to the Ministry of National Defense comprehensive data on the situation of management and use of official housing, they shall use the form prescribed in Appendix VII issued together with this Circular.

Chapter VI

SETTLEMENT OF DISPUTES AND HANDLING OF VIOLATIONS

Article 25. Settlement of Disputes

Disputes regarding official housing lease contracts shall be resolved through negotiation between the parties. If negotiations fail, one of the parties has the right to request the inspection agency of the unit entrusted with the rights and responsibilities of the owner of official housing to resolve the dispute in accordance with the provisions of the law.

Article 26. Penalty for Violations

1. Acts violating the provisions of this Circular shall be handled by competent state and military legal authorities in accordance with the law and military discipline.

2. Individuals who abuse their positions or powers to violate regulations on the management and operation, maintenance, and rental management of official housing shall be subject to administrative penalties or criminal prosecution based on the degree of violation. In cases where the violator causes material damage, they must compensate according to current laws.

Chapter VII

RESPONSIBILITIES OF AGENCIES AND UNITS

Article 27. Steering Committee for Housing Policy of the Ministry of National Defense and Steering Committees for Housing Policy of Agencies and Units

1. The Steering Committee for Housing Policy of the Ministry of National Defense directly assists the Central Military Commission Standing Committee, the Minister of National Defense, in guiding all military agencies and units to develop the official housing fund and implement the policies and guidelines of the Party, State, and Ministry of National Defense on solving official housing for officers and staff currently working as stipulated in this Circular.

2. Steering Committees for Housing Policy from division level and equivalent or higher directly assist the party committees and commanders of agencies and units in guiding the implementation of official housing policies for officers and staff of subordinate agencies and units.

Article 28. Departments under the Ministry of National Defense

1. The Political Department directs the Cadre Department

a) To take the lead in compiling the demand for officers and staff renting official accommodation of all departments and units throughout the military.

b) To take the lead in coordinating with relevant agencies to propose the number of apartments (houses) to be rented for each department and unit regarding official accommodation shared by multiple departments and units stationed in the same area;

c) To inspect and guide all departments and units throughout the military on the allocation, use, and recovery of official accommodation in accordance with this Circular.

2. The Logistics Department directs the Barracks Department

a) To monitor, compile, and manage the official accommodation fund throughout the military;

b) To perform the functions and tasks of the state management agency for managing official accommodation within the Ministry of National Defense; to review the annual plan for maintenance and repair of official accommodation of subordinate units directly under the Ministry before submitting it to the competent authority for approval. To take the lead and coordinate with relevant agencies of the Ministry to assist the Board of Housing Policy of the Ministry of National Defense in inspecting and guiding all departments and units throughout the military on the management and use of the official accommodation fund in accordance with this Circular;

c) To propose planning and design standards for official accommodation; policies and investment plans for constructing official accommodation in accordance with Decree No. 76/2016/ND-CP dated July 1, 2016 of the Government on material standards for logistics for active-duty military personnel, defense workers, and defense officials, and the provisions of this Circular.

3. The General Staff directs

a) The Operations Department: To participate in opinions during the planning and construction of official accommodation areas ensuring compatibility with the deployment plan, meeting training and combat readiness requirements. To guide and inspect security and safety work for units managing and using official accommodation in accordance with national and Ministry of National Defense regulations;

b) The Personnel Department: To coordinate with the Cadre Department of the Political Department to review and manage the tenants of official accommodation under the jurisdiction of the Personnel Department.

4. The Finance Department of the Ministry of National Defense

a) To take the lead in coordinating with relevant agencies to propose rental prices for official accommodation directly managed by the Ministry; to review rental prices for official accommodation directly managed by subordinate units; to adjust cost norms when basic furniture prices in the market fluctuate (increase or decrease) by more than 20%, and report to the Minister of National Defense for decision;

b) To inspect financial income and expenditure reports of units operating official accommodation. To balance and compile proposals to the Minister of National Defense on funding for annual maintenance, repair, and renovation of official accommodation for units throughout the military where rental income and service revenue are insufficient.

5. The Inspectorate of the Ministry of National Defense: To inspect and check the management and use of official accommodation in accordance with the law. To take the lead in guiding and resolving complaints, petitions, disputes over the management and use of official accommodation by organizations and individuals within its authority; procedures for recovering official accommodation as prescribed.

Article 29. Subordinate Units Directly Under the Ministry of National Defense

1. To direct, guide, and inspect subordinate units in implementing the management and use of the official accommodation fund of the unit in accordance with this Circular.

2. To promptly report to the Ministry of National Defense when the official accommodation fund of the unit is not fully utilized so that the Ministry can reallocate it to other units in the same area with needs.

3. To implement reporting procedures as stipulated in Article 24 of this Circular.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Circular takes effect from May 16, 2017, and replaces Circular No. 03/2010/TT-BQP dated January 13, 2010, issued by the Minister of National Defense on the Regulations on Management and Use of Official Accommodation in the Military and other related regulations on the management and use of official accommodation in the Ministry of National Defense.

2. Rental Contracts for official accommodation signed before the effective date of this Circular shall continue until their expiration.

Article 31. Responsibility for Implementation

1. The Director of the Logistics General Department, heads of departments, units, organizations, and individuals concerned are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, departments and units shall promptly reflect them to the Ministry of National Defense (through the Barracks Department of the Logistics General Department) for consideration and resolution./.