What are procedures for renting official housing in Vietnam from August 1, 2024? What are entities eligible to rent official housing in Vietnam?
What are procedures for renting official housing in Vietnam from August 1, 2024?
Pursuant to Article 32 of Decree 95/2024/ND-CP guiding the procedures for renting official housing in Vietnam from August 1, 2024:
(1) For subjects specified in Point a, Clause 1, Article 45 of the Housing Law 2023:
- They are allocated to rent official residence according to the decision of the competent authority.
(2) For subjects specified at Points b, c, d, dd, and e, Clause 1, Article 45 of the Housing Law 2023:
- Step 1: Submit a rental application:
+ The subjects specified in (2) must submit a rental application for official residence following Form No. 03 Download from Annex III issued with Decree 95/2024/ND-CP to the organization where they are working;
Within a maximum period of 10 days from the receipt of the rental application for official residence, the organization where the subjects specified in (2) are working shall verify and confirm the contents of the application and send the application attached with a dispatch to the competent authority for consideration and decision on renting an official residence;
- Step 2: Rental decision:
+ Within a maximum period of 20 days from the receipt of the dispatch from the organization specified in Point a of this clause, the competent authority shall check and if renting conditions are met, they shall issue a rental decision for the official residence following Form No. 04 Download from Annex III issued with Decree 95/2024/ND-CP;
In case the conditions are not met, a written reply must be sent stating the reasons;
- Step 3: Sign the rental contract:
+ Within a maximum period of 10 days from the receipt of the rental decision for the official residence from the competent authority, the unit assigned to manage and operate the official residence as prescribed in Article 34 Decree 95/2024/ND-CP shall sign the rental contract with the tenant or sign the rental contract with the organization directly managing the tenant following Form No. 02 Download from Annex III issued with Decree 95/2024/ND-CP;
Note:
The Ministry of Construction is the receiving authority for rental applications for official residence for subjects managed by central agencies and subjects specified in Point e, Clause 1, Article 45 of the Housing Law 2023;
The Ministry of National Defense or the Ministry of Public Security or units authorized by these ministries to decide on renting official residences for the subjects under the people's armed forces shall be the receiving authority for rental applications;
The provincial housing management agencies are the receiving authority for rental applications for official residence for subjects managed by local agencies and subjects specified in Point c or Point dd, Clause 1, Article 45 of the Housing Law 2023 managed by central agencies but working locally.
(3) For officials managed by the vertical sectors of central agencies dispatched, transferred, seconded to local work:
+ In case the officials managed by the vertical sectors of central agencies are dispatched, transferred, or seconded to local work and the local agency does not have official residence funds, a written request to the provincial People's Committee to allocate official residences for rent must be made.
Within a maximum period of 15 days from the receipt of the written request of the managing agency attached with the application of the requester for renting an official residence, the provincial People's Committee must check and arrange for renting the official residence.
(4) For subjects specified in Point g, Clause 1, Article 45 of the Housing Law 2023:
- Step 1: Request for official residence allocation:
The managing agency of the person requesting to rent an official residence shall send a document to the Ministry of Construction requesting the consideration and allocation of official residences for rent;
- Step 2: Inspection and report:
After receiving the written request from the organization specified in Point a of this clause, within a maximum period of 30 days, the Ministry of Construction is responsible for inspecting and reporting to the Prime Minister for consideration and decision on renting the official residence;
- Step 3: Issue the decision:
After receiving directives from the Prime Minister, if the conditions are not met, the competent authority must have a written reply stating the reasons;
If the conditions are met, the competent authority shall issue a decision to allocate the official residence for rent;
The implementation period for this point is a maximum of 30 days from the date of receiving the Prime Minister's directives.
What are procedures for renting official housing in Vietnam from August 1, 2024? What are entities eligible to rent official housing in Vietnam? (Internet image)
What are entities eligible to rent official housing in Vietnam?
Pursuant to Clause 1, Article 45 of the Housing Law 2023, the entities eligible to rent official housing in Vietnam include:
(1) Leading officials of the Communist Party and the State who are required to reside in official residences during their tenure;
(2) Officials and public employees of the Communist Party and the State, political-social organizations not specified in (1) who are dispatched, transferred, or seconded from a local to a central agency or from one locality to another to hold positions from Deputy Head of the central agency or equivalent and above, or from central to local to hold positions from Deputy Chairman of the district People's Committee, Deputy Director of the Department and equivalent and above;
(3) Officials and public employees of the Communist Party and the State, political-social organizations not specified in (1) and (2) who are dispatched, transferred, or seconded to work in remote, isolated, socio-economically disadvantaged areas, border areas, and islands;
(4) Officers, professional soldiers, non-commissioned officers of the people's armed forces dispatched, transferred, or seconded for defense and security reasons; police workers, officials, defense workers, code workers, and other staff in the cryptographic organization receiving salaries from the state budget dispatched, transferred, or seconded to work in remote, isolated, socio-economically disadvantaged areas, border areas, and islands;
Except in cases where the law stipulates that those in this category must reside in the barracks of the people's armed forces;
(5) Teachers, doctors, medical staff working in rural areas, remote areas, socio-economically disadvantaged areas, border areas, and islands;
(6) Scientists leading national-level special important scientific and technological tasks as prescribed in the Law on Science and Technology 2013; talented individuals making significant contributions recognized by competent authorities as prescribed by law;
(7) Based on actual conditions, the Prime Minister decides the subjects not specified in (1), (2), (3), (4), (5), and (6) to be allocated official residences following the proposal of the Ministry of Construction based on the aggregation of the proposals of the Ministries, central organizations, and provincial People's Committees.
What are principles for evaluating rent of official housing in Vietnam?
According to Article 46 of the Housing Law 2023 on principles for evaluating rent of official housing in Vietnam:
- Accurately and sufficiently calculate the necessary costs for management, operation, maintenance, and renting management during the use of official residence.
- Do not calculate land levies for the construction of official residences and do not calculate depreciation costs of investment in constructing official residences or costs of purchasing commercial houses for use as official residences.
- The rent of official residence is determined by competent authorities specified in Article 14 of the Housing Law 2023 and is reviewed and adjusted appropriately from time to time.
- In case of renting commercial houses as official residences, the rent for the official residence is lower than the rent for commercial houses.
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