07/10/2022 11:12

Determination of the right to rent, buy houses owned by the State under Decree 61/CP

Determination of the right to rent, buy houses owned by the State under Decree 61/CP

Since the regulations on the sale of state-owned houses under the provisions of Decree 61/CP dated July 5, 1994, there have been very few cases of dispute over the division of common property on the purchase of house prices. After that, the Law No. 31/2020/AL passed by the Judicial Council of the Supreme People's Court partially resolved the difficulties in adjudicating cases related to the right to rent and buy houses owned by the State.

First of all, what do we need to understand as "Purchase of state-owned Vietnamese housing"?

Purchase of state-owned Vietnamese housing means that the house is under the ownership and management of the state, the state has policies on house price billing, the competent authority continues to make and invoice the selling price of the house to the owners who want to use.

Decree 61/CP of Vietnam regulates the sale of State-owned houses to tenants as follows:

“The State shall sell the State-owned house to the tenant of the area being rented to the purchaser, except for the following types of housing:

1. Houses belonging to other construction planning areas or renovated into new houses.

2. Special-use houses being temporarily arranged as houses (hotels, motels, schools, hospitals, working headquarters, warehouses and other specialized houses);

3. Villas of all types are planned to be used as villas or for other purposes.”

Subsequently, the procedures for capitalization of house and land prices continue to be stipulated in Decree No. 34/2013/ND-CP on management and use of State-owned houses.

And at present, the regulation document on the procedure of house and land price simplification is:

Decree 99/2015/ND-CP detailing and guiding the implementation of a number of articles of the Housing Law;

Decree 30/2021/ND-CP amending and supplementing a number of articles of Decree 99/2015/ND-CP.

The Precedent No. 31/2020/AL has determined that the right to rent and buy houses owned by the State is the property right of individuals who buy houses owned by the State in accordance with Decree 61/CP dated July 5, 1994 of the Government, but when they are alive, they have not yet carried out the procedures for buying goods and house prices in accordance with the law. Once recognized, the person's property rights will be transferred to the heirs.

Judgment on disputes related to old state-owned housing lease contracts and property rights No.299/2021 /DS-PT

Mr. Le S, Mrs. Le Thi Ha have three children, Le Anh T1, Le Anh T4 and Le Thi Thanh T2. In 2002, Mr. and Mrs. bought apartment No. 017 Lot K, Ngo Gia T apartment and paid for the house. When buying the house, he/she declared that after being bought the house, he/she will leave this property to his/her three children and leave the adult son, Mr. T1, who does not have a family at this time, to stand on the documents to conveniently go through the procedure of buying the house price. There were disputes between the children in the family. Mr. T1 arbitrarily re-signed the rental agreement with District 10 Public Service One Member Limited Liability Company without notifying him/her. Therefore, Mr. S and Mrs. H request the Court to recognize the right to rent the old state-owned house as the property of Mr. Le S, Mrs. Le Thi Ha and give him or her the right to sign the apartment lease contract No. 017 Lot K, Ngo Gia T Apartment, Ward 2, District 10.

The People's Court of Ho Chi Minh City has applied the Law No. 31/2020/AL to settle the case. The court found that: Apartment No. 017 Lot K, Ngo Gia T condominium has established state ownership. In order to be rented, Mr. Le S and Mrs. Le Thi Ha had to spend the gold to transfer back the lease right from the previous tenant, and at the same time directly carry out all the transactions of transferring the lease right and carrying out the procedures, filing the old state-owned housing rental registration documents. Therefore, the determination of the former state-owned tenancy right as the property right of Mr. S and Mrs. H is grounded.

The court decided to recognize the right to rent old state-owned houses for apartment No. 017 Lot K, Ngo Gia T condominium as the right to property of Mr. Le S.

Another case in the judgment on the dispute over the house purchase contract No.364/2021/DS-PT is as follows:

Since 1975, the Appellant's family is Ms. T assigned to house No. 220/19 N Street, including Mr. Hong Tai N (Pham Van T), Ms. Pham Thi Xuan H and other members. Until Mrs. H died, Mr. N kicked Mrs. T's brothers out of the house. In 1988, Mr. N gave Ms. Hong Thanh L (who is the stepchild of Mr. N with his eldest wife) household entry into the house. In 2002, the People's Committee of District P sold this house to the couple Ms. Hong Thanh L, Mr. Nguyen Anh M but did not inform Mrs. T and the brothers in the house. Therefore, Ms. T requests the cancellation of the House Purchase Contract between Ms. Hong Thanh L, Mr. Nguyen Anh M and the People's Committee of P District and requests Ms. L to return the house to the brothers of Ms. T or the People's Committee of P District or Ms. L must return the equivalent house value to the brothers of Ms. T.

The Superior People's Court in Ho Chi Minh City has based on the Law No. 31/2020/AL to settle the case. The Court found: Although Mr. Hong Tai N has not been granted a certificate of house ownership and land use rights for the disputed house and land, the right to lease and purchase the house price of Mr. Hong Tai N is a property right (valued in money) and is transferred to the heirs of Mr. T1. On July 18, 1988, Mr. Hong Tai N made a will with the content " for the house No.220/19 , Street N, Ward 8, District P for my daughter and I, Hong Thanh L". Thereby, it is considered that the house purchase contract for house No. 220/19 on N Street between Ms. Hong Thanh L, Mr. Nguyen Anh M and the People's Committee of P District is in accordance with the will of Mr. T1 to leave the above house to Ms. L's husband and wife.

The court decided to recognize the House Purchase Contract for the house No. 220/19 N Street between Ms. Hong Thanh L, Mr. Nguyen Anh M and the People's Committee of District P and did not accept the petition of the plaintiff.

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Phuong Uyen
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