Resolution No. 755/2005/NQ-UBTVQH11 on the settlement of specific cases concerning real estate during the implementation of policies for managing real estate and socialist transformation before July 1, 1991.

 

RESOLUTION

Regulations on the handling of certain specific cases concerning real estate

during the implementation of policies for managing real estate and socialist transformation policies before July 1, 1991

NATIONAL ASSEMBLY STANDING COMMITTEE

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;

Pursuant to Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly, Session XI, regarding real estate managed and allocated by the State during the implementation of policies for managing real estate and socialist transformation policies before July 1, 1991.

At the proposal of the Government,

RESOLVES

PART I
GENERAL PROVISIONS

Article 1. This Resolution regulates the handling of the following specific cases:

1. Real estate whose owner, although subject to the policies stipulated in Article 2 of Resolution No. 23/2003/QH11 dated November 26, 2003 of the National Assembly, Session XI, regarding real estate managed and allocated by the State during the implementation of policies for managing real estate and socialist transformation policies before July 1, 1991 (hereinafter referred to as Resolution No. 23/2003/QH11), but on the date this Resolution takes effect, the state agency has not issued any management document and has not allocated such real estate;

2. Real estate for which the State has issued management documents but has not actually managed or allocated it;

3. Real estate for which the State has purchased compulsorily but has not paid the price or has only partially paid the price to the owner;

4. Real estate for which the State has requisitioned;

5. The area of real estate left by the State when implementing policies for transforming rental housing and managing real estate of organizations and individuals.

Article 2. For types of real estate managed and allocated by the State during the implementation of policies for managing real estate and socialist transformation policies before July 1, 1991 but not specified in this Resolution, they shall be handled according to the provisions of Articles 1 and 2 of Resolution No. 23/2003/QH11.

Article 3. In this Resolution, the following terms shall be understood as follows:

1. Management documents applicable when handling cases stipulated in this Resolution include decisions, notifications, letters, seizure lists, inventory lists, inventory lists, and other related documents concerning the management and allocation of real estate by administrative committees, military administration committees, revolutionary people's committees, people's committees, state management agencies at all levels, political organizations, state economic organizations, and social organizations.

2. Real estate specified in this Resolution includes residential houses including courtyards (if any) and other types of houses.

Chapter II
HANDLING OF SPECIFIC CASES

Article 4. For real estate whose owner, although subject to the policies stipulated in Article 2 of Resolution No. 23/2003/QH11, but on the date this Resolution takes effect, the state agency has not issued any management document and has not allocated such real estate, the State will not implement management according to previous policies. Recognition of ownership rights over the house and land use rights will be carried out in accordance with the law.

Article 5. For real estate that has been managed according to the regulations of real estate management policies and socialist transformation policies before July 1, 1991 by state agencies but the State has not actually managed or allocated it, it will be handled as follows:

1. In cases where the person currently using the real estate has documents proving they belong to one of the following categories, the State will not continue to manage according to previous management documents, and the person currently using it can exercise their rights and obligations in accordance with the law:

a) The person who was the owner of the real estate at the time the State issued the management document;

b) The person who has been granted a certificate of ownership of the house and land use rights by a competent state agency in accordance with the law;

c) The person who has bought, received a gift, or exchanged real estate in good faith;

d) The lawful heir of one of the persons specified in points a, b, and c of this clause;

đ) The person authorized by the subjects specified in points a, b, c, and d of this clause to manage legally in accordance with the law at the time of authorization;

2. In cases where the person currently using the real estate is a tenant, borrower, or guest from before the State issued the management document or the person currently using it does not have documents proving they belong to one of the categories specified in Clause 1 of this Article, the provincial People's Committee (hereinafter referred to as the Provincial People's Committee) will complete the legal procedures to establish public ownership. The person currently using it may continue to use it and must perform their rights and obligations in accordance with the regulations on the use of real estate under public ownership.

Article 6. For real estate for which the State has compulsorily purchased but has not paid the price or has only partially paid the price to the owner, the State will pay the owner or their lawful heirs according to the following provisions:

1. In cases where the State has not paid the price when purchasing compulsorily, the State will assess the value to make payment. The amount of payment will be determined based on the area of the house at the time of compulsory purchase and the price of newly built second-class housing, if the compulsorily purchased house is a villa, then the price of newly built second-class villas will be applied as issued by the Provincial People's Committee at the time of payment;

2. In cases where the State has partially paid the price when purchasing compulsorily, the remaining amount will be calculated as a percentage to be paid. The determination of the price for payment will be carried out according to the provisions of Clause 1 of this Article.

Article 7. For real estate for which the State has requisitioned, it will be handled as follows:

1. Residential houses of households and individuals not subject to the policies stipulated in Article 2 of Resolution No. 23/2003/QH11, which were requisitioned by state agencies for a limited period, the Provincial People's Committee will return the houses to the owners, except in cases provided for in Article 9 of this Resolution;

2. Real estate for which the State has requisitioned but is not eligible for resolution according to the provisions of Clause 1 of this Article, the Provincial People's Committee will complete the legal procedures to establish public ownership of the real estate. Organizations and individuals currently using it may continue to use it and must perform their rights and obligations in accordance with the regulations on the use of real estate under public ownership.

Article 8. With respect to the area of real estate left behind, regardless of who it is left to, whether the area left behind is large or small, when the State manages according to the provisions of the policy for the renovation of leased real estate or the management policy of real estate of organizations and individuals, the State does not manage this area of real estate. The person currently directly using the property may exercise rights and obligations as prescribed by law.

Article 9. For housing that falls under the provision of being returned as stipulated in Clause 1, Article 7 and real estate that falls under the provision of having ownership rights recognized as stipulated in Article 8 of this Resolution but has been used for national defense, security, national interests, public interest, economic development purposes; has been demolished and rebuilt; has been arranged by the State for others to use stably; has been established as fully owned by the people; has transferred ownership to others or the real estate is within the scope that must be relocated according to urban planning for beautification, then the person entitled to return the property or the person whose ownership rights have been recognized shall be compensated and resettled according to the provisions of law when the State reclaims the land, except in cases where there are other agreements.

Chapter III
IMPLEMENTATION

Article 10. In cases where the State has managed and arranged the use of real estate according to the policies prescribed in Article 2 of Resolution No. 23/2003/QH11 until the effective date of this Resolution, if the owner does not have a place to live or has a place to live but the average area per household member is lower than or equal to 6 square meters per person, the provincial People's Committee shall arrange for them to rent housing or purchase housing on installment.

Article 11. The sources of funds to implement this Resolution are specified as follows:

1. Central budget will pay for cases where real estate is currently managed and used by state agencies, political organizations, political-social organizations, and political-social-professional organizations at the central level or real estate is currently used for national defense, security, national interests, public interests managed and used by central-level agencies.

2. Local budget will pay for cases where real estate is currently managed and used by state agencies, political organizations, political-social organizations, and political-social-professional organizations at the local level or real estate is currently used for national defense, security, national interests, public interests managed and used by local-level agencies or real estate that the State has arranged for others to use stably or has transferred ownership to others according to the provisions of law.

In cases where the local budget specified in this clause is insufficient to make payments, the provincial People's Committee must specifically determine the amount of funds to request support from the central budget.

3. Project investors shall make payments for cases where real estate must be relocated for economic development or urban beautification purposes.

4. Social organizations, social-professional organizations, and economic organizations shall make payments for cases where the State has purchased real estate compulsorily and housing that falls under the provision of being returned but is currently managed and used by these organizations.

In cases where social organizations, social-professional organizations specified in this clause do not have sufficient funds to make payments, they must prepare detailed reports on the amount of funds to request support from the central budget if they are central-level organizations, or request support from the local budget if they are local-level organizations.

5. The Ministry of Construction shall compile the demand for payment funds as prescribed in this Resolution to be submitted by the Government to the National Assembly for consideration and decision at the annual budget allocation session of the National Assembly.

Article 12. The application procedures for receiving housing or payment money are specified as follows:

1. Persons entitled to return housing as stipulated in Clause 1, Article 7 of this Resolution must submit an application for returning housing along with a certified copy by a notary or a certificate issued by the competent People's Committee for original documents regarding housing that falls under the provision of being returned and documents proving that the State has temporarily requisitioned their housing.

2. Persons entitled to receive payment as stipulated in Article 6 of this Resolution must submit an application for payment along with a certified copy by a notary or a certificate issued by the competent People's Committee for documents proving that the State has compulsorily purchased real estate but has not yet paid or has only partially paid.

In cases where persons have housing that falls under the provision of being returned but the housing falls under the provision of Article 9 of this Resolution, the application procedures specified in Clause 1 of this Article shall be converted to apply for payment according to the provisions of Article 14 of this Resolution.

Article 13. The procedure for returning housing in cases stipulated in Clause 1, Article 7 of this Resolution shall be implemented as follows:

1. Persons entitled to return housing shall submit the application for returning housing as stipulated in Clause 1, Article 12 of this Resolution to the housing management agency under the provincial People's Committee (hereinafter referred to as the provincial housing management agency). The provincial housing management agency shall be responsible for checking the application for returning housing, the current status of the housing that falls under the provision of being returned, and the conditions for returning housing as stipulated in this Resolution within 90 days from the date of receipt of the complete application for returning housing.

2. Based on the results of the application and housing status checks, with the agreement among all relevant parties on the results of the check, the provincial housing management agency shall submit a proposal to the Chairman of the provincial People's Committee to issue a decision on returning housing. If the conditions for returning housing are met, the Chairman of the provincial People's Committee shall issue a decision on returning housing within 30 days from the date of receipt of the proposal from the provincial housing management agency.

In cases where the conditions for returning housing are not met, the provincial People's Committee must provide a written response informing the party of the reasons.

3. The provincial housing management agency shall be responsible for organizing the transfer of housing to persons entitled to receive it within sixty days from the date on which the Chairman of the Provincial People's Committee issues the decision to transfer the housing. In cases where the recipients of the transferred housing are co-heirs, their signatures must be included in the handover record, except when the co-heirs have a written agreement appointing a representative to receive the handover. Prior to the handover of the housing, the transferring agency must recover the original documents proving that the State had temporarily requisitioned the housing for file retention.

Article 14. The procedures for payment of purchase price as stipulated in Article 6 and compensation payment as stipulated in Article 9 of this Resolution shall be carried out as follows:

1. Persons entitled to receive payment as stipulated in Article 6 of this Resolution shall submit the application for payment to the provincial housing management agency. In cases where they are entitled to receive housing but the housing does not meet the conditions for transfer as stipulated in Article 9 of this Resolution, the provincial housing management agency shall use the documents specified in Clause 1 of Article 12 of this Resolution to apply the payment procedures.

The provincial housing management agency shall be responsible for coordinating with the financial agencies under the Provincial People's Committee to examine the application for payment and the conditions for payment as stipulated in this Resolution, and to determine the specific amount of payment for each recipient to present to the Chairman of the Provincial People's Committee for issuance of the payment decision within sixty days from the date of receipt of the complete application for payment.

2. If the conditions for payment are met, the Chairman of the Provincial People's Committee shall issue the payment decision within thirty days from the date of receipt of the report from the provincial housing management agency. The payment decision must clearly state the agency responsible for making the payment; if the conditions for payment are not met, the provincial People's Committee must provide a written response informing the parties of the reasons.

3. The agency responsible for making the payment shall organize the payment to persons entitled to receive it within ninety days from the date on which the Chairman of the Provincial People's Committee issues the payment decision. Payment must be recorded in a financial invoice in accordance with the provisions of the law.

In cases where the recipients of the payment are the co-heirs of the person entitled to receive the payment, their signatures must be included in the payment receipt, except when the co-heirs have a written agreement appointing a representative to receive the payment.

4. Before implementing the payment, the agency or organization responsible for making the payment must recover the original documents specified in Article 12 of this Resolution for file retention.

5. The Government shall specify the detailed budget for implementing the payments according to the provisions of this Resolution.

Article 15. For cases involving land and housing subject to adjustment by this Resolution, but for which the competent authority has issued a resolution for settlement before the effective date of this Resolution, the following measures shall be taken:

1. Where land and housing have already been resolved by a decision of the competent authority and the resolution has been completed in practice, the provisions of this Resolution shall not be applied to resolve them again.

2. Where land and housing have already been resolved by a decision of the competent authority but have not yet been implemented, they shall be resolved again in accordance with the provisions of this Resolution.

Article 16. Complaint resolution during the implementation of the provisions of this Resolution shall be carried out as follows:

1. The Chairman of the People's Committee of the district, town, city district, or provincial city shall initially resolve complaints related to the People's Committee of the district, town, city district, or provincial city in the implementation of the provisions of this Resolution. If the party disagrees with the decision of the Chairman of the People's Committee of the district, town, city district, or provincial city, they may appeal to the Chairman of the Provincial People's Committee; the decision of the Chairman of the Provincial People's Committee shall be the final decision on complaint resolution.

2. The Chairman of the Provincial People's Committee shall initially resolve complaints related to the Provincial People's Committee in the implementation of the provisions of this Resolution. If the party disagrees with the decision of the Chairman of the Provincial People's Committee, they may appeal to the Minister of Construction; the decision of the Minister of Construction shall be the final decision on complaint resolution.

3. The time limit for appeals for cases stipulated in Clauses 1 and 2 of this Article is sixty days from the date the party receives the decision on complaint resolution.

4. The time limit for resolving complaints stipulated in Clauses 1 and 2 of this Article is thirty days from the date the complaint resolution agency receives the complete complaint dossier from the party; if this period expires without the Chairman of the People's Committee of the district, town, city district, or provincial city resolving the case as stipulated in Clause 1 of this Article, the party may appeal to the Chairman of the Provincial People's Committee for resolution; if this period expires without the Chairman of the Provincial People's Committee resolving the case as stipulated in Clause 2 of this Article, the party may appeal to the Minister of Construction for resolution.

The time limit for the party to appeal is thirty days from the date the party receives the decision on complaint resolution.

Article 17. This Resolution shall take effect from the date of publication.

Article 18. The Government shall lead, direct, and guide the uniform implementation of this Resolution throughout the country, ensuring transparency and completion no later than July 1, 2009, and report to the Standing Committee of the National Assembly on the results of the implementation of this Resolution./.