From August 1, 2024, what is the format of the official housing lease agreements in Vietnam? What are the procedures for leasing official housing in Vietnam?
From August 1, 2024, what is the format of the official housing lease agreements in Vietnam?
Based on Appendix III attached to Decree 95/2024/ND-CP dated July 24, 2024, of the Government of Vietnam, the format of the official housing lease agreements in Vietnam is regulated as follows:
The format of the official housing lease agreements in Vietnam (Form 02) is as follows:
>> Form of official housing lease agreements (Form 02): Download
From August 1, 2024, what is the format of the official housing lease agreements in Vietnam? What are the procedures for leasing official housing in Vietnam?
What are the procedures for leasing official housing in Vietnam?
Pursuant to Article 32 of Decree 95/2024/ND-CP, the procedures for leasing official housing in Vietnam are regulated as follows:
(1) For individuals specified in point a, clause 1, Article 45 of the Housing Law 2023:
- Official residence leasing is arranged as per the decision of the competent authority.
(2) For individuals specified in points b, c, d, đ, and e, clause 1, Article 45 of the Housing Law 2023:
- Step 1: Submit a request form:
+ Individuals specified in (2) must submit a request to lease an official residence, according to Form 03 Download of Appendix III issued with Decree 95/2024/ND-CP, to the agency or organization where they are working.
Within a maximum of 10 days from the date of receiving the request form, the agency or organization where the individuals specified in (2) are working will check, confirm the content of the request form, and send it along with their confirmation to the competent authority for consideration and decision.
- Step 2: Decision to lease:
+ Within a maximum of 20 days from the date of receiving the document from the agency or organization specified in point a of this clause, the competent authority that decides on leasing the official residence must check it. If it meets the leasing conditions, they will issue a lease decision according to Form 04 Download of Appendix III issued with Decree 95/2024/ND-CP.
If it does not meet the conditions, a written response must be provided, clearly stating the reasons.
- Step 3: Sign the lease agreement:
+ Within a maximum of 10 days from the date of receiving the lease decision from the competent authority, the unit assigned to manage and operate the official residence, as specified in Article 34 of Decree 95/2024/ND-CP, will sign the lease agreement with the lessee or with the organization directly managing the lessee according to Form 02 Download of Appendix III issued with Decree 95/2024/ND-CP.
Note:
- The Ministry of Construction is the receiving agency for lease requests for official residences for individuals under central management and individuals specified in point e, clause 1, Article 45 of the Housing Law 2023.
- The Ministry of National Defense, the Ministry of Public Security, or the unit assigned by these ministries to decide on leasing official residences for individuals in the People’s Armed Forces is the receiving agency for such lease requests.
- The provincial housing management agency is the receiving agency for lease requests for official residences for individuals under local management and individuals specified in point c or đ, clause 1, Article 45 of the Housing Law 2023 under central management but working locally.
(3) For officials under the vertical management of central agencies transferred, rotated, or seconded to localities for work:
+ If officials under the vertical management of central agencies are transferred, rotated, or seconded to localities where the managing agency has no official residence fund, they must send a written request to the Provincial People's Committee to arrange an official residence for lease.
Within a maximum of 15 days from the date of receiving the written request from the managing agency with the lessee's request form, the Provincial People's Committee is responsible for inspecting and arranging the lease of official residences.
(4) For individuals specified in point g, clause 1, Article 45 of the Housing Law 2023:
- Step 1: Request for arrangement:
The managing agency of the lessee sends a written request to the Ministry of Construction to consider and arrange for official residence leasing.
- Step 2: Inspection and report:
Within a maximum of 30 days from receiving the request form, the Ministry of Construction is responsible for inspecting and reporting to the Prime Minister of the Government of Vietnam for consideration and decision.
- Step 3: Issuing decisions:
Once the opinion of the Prime Minister of the Government of Vietnam is received:- If the conditions are not met, the competent authority must provide a written response detailing the reasons.- If the conditions are met, the competent authority issues a decision to arrange the lease of the official residence.
The time to execute this point is a maximum of 30 days from the directive of the Prime Minister of the Government of Vietnam.
What are principles for evaluating rent of official housing in Vietnam?
Pursuant to Article 46 of the Housing Law 2023 on principles for evaluating rent of official housing in Vietnam
- Accurately and fully calculate the necessary costs for managing operations, maintenance, and rental management during the use of official residences.
- Exclude the land levy for constructing official residences and the depreciation costs of the investment capital for constructing official residences or purchasing commercial houses for official residences.
- Rental prices for official residences are decided by the competent authority as specified in Article 14 of the Housing Law 2023 and are reviewed and adjusted as appropriate for each period.
- In case of leasing commercial housing for official residence purposes, the lessee of the official residence will pay a rental price lower than the commercial rental price.
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