What are regulations on plans for local official residence development in Vietnam?

What are regulations on plans for local official residence development in Vietnam?

I am learning about the plans for local official residence development, can you tell me what are regulations on plans for local official residence development in Vietnam? which agency is approved? What are procedures of determining housing needs? Hope you guys can help me, thank you very much.

Reply:

The State invests capital from the budget, including the central budget and the local budget, to build official residences or to purchase or rent commercial housing as official residences. Official residences include central official residences and local official residences.

In Clause 3, Article 27 of the Law on Housing 2014, the official housing development plan is prepared and approved:

3. Plans for official residence development shall follow procedures below:

a) The central agencies shall determine their demands for official residences, then send them to the Ministry of Construction for assessment and formulate the plans for official residence development of the central agencies, then request the Prime Minister for approval, except for cases prescribed in Point b of this Clause;

b) The Ministry of National Defense and/or the Ministry of Public Security shall determine the demands and formulate the plans for official residences of entities prescribed in Point d Clause 1 Article 32 of this Law, then request the Prime Minister for approval after receiving the suggestion of the Ministry of Construction.

c) The People’s Committee of the province shall make and approve the plans for official residence development in the plan for local housing development as prescribed in Article 15 of this Law;

d) The agencies making plans prescribed in Point a, b and c of this Clause must clarify the demands for official residences including type of housing, floor area; location and area for housing construction, area of commercial housing used for official residences; capital resources and phasing of investment every year and every 5 years; determine responsibility of relevant agencies.

Procedures for determination of residence demand and approval for official residence development plans of local governments:

a) The Department of Construction shall take charge and cooperate with relevant agencies and the People’s Committees of districts in surveying their demands for official residence according to Appendix 07 enclosed herewith. In consideration of consolidated demand for official residence of agencies in the province, the Department of Construction shall develop a 5-year and annual official residence development plans and submit them to the People’s Committee of the same province for approval. The official residence development plan may be developed separately or included in the 5-year and annual housing development plans of local governments;

b) The People’s Committee of the province shall consider, approve, and provide instructions on implementation of the local official residence development plan, and send it to the Ministry of Construction for monitoring according to the form in Appendix 07a enclosed herewith.

What are regulations on projects for official residence construction and investor selection in Vietnam?

What are regulations on projects for official residence construction and investor selection in Vietnam? Hello, I am Nguyen Binh, I am wishing to learn the provisions of law related to the ownership, development, management and use of housing; housing transactions; State management of housing in Vietnam. I have a question that I need you to help me answer. May I ask, what are regulations on projects for official residence construction and investor selection in Vietnam? In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

Nguyen Binh (nguyenbinh*****@gmail.com)

Reply:

According to the provisions of Article 28 of the Law on Housing 2014, projects for official residence construction and investor selection are specified as follows:

1. The project for official residence construction which includes new official residences and purchase of commercial housing shall be filed, accessed, approved and implemented as prescribed in this Law and law on construction.

2. Projects for official residence construction include:

a) Projects in which the investment is decided by the Prime Minister at the request of the Ministry of Construction leased out to central agencies, except for cases prescribed in Point b of this Clause;

b) Projects in which the investment is decided by the Ministry of National Defense and/or the Ministry of Public Security, after being discussed with the Ministry of Construction and approved by the Prime Minister leased out to entities prescribed in Point d Clause 1 Article 32 of this Law;

c) Projects in which the investment is decided by the People’s Committee of the province and at the request of agency of province in charge of housing allocated to entities subject to job rotation in local governments.

Regarding entities subject to job rotation in wards, districts, towns, province-affiliated cities and equivalent (hereinafter referred to as district) and entities prescribed in Point c, dd, e and g Clause 1 Article 32 of this Law, the People’s Committee of the province shall decide the investment of the project or authorize the People’s Committee of district to divide the investment of the project.

3. The investor in a project for official residence construction shall be selected as follows:

a) The Prime Minister shall select the investors in the project as prescribed in Point a Clause 1 of this Article at the request of the Ministry of Construction;

b) The Minister of National Defense and/or shall select the investor in the project as prescribed Point b Clause 2 of this Article;

a) The People’s Committee of the province shall select the investors in the project prescribed in Point c Clause 1 of this Article at the request of the housing authority of province.

Above is the content of advice on projects for official residence construction and investor selection in Vietnam. For more detailed information, you should refer to the Housing Law 2014.

What are rights and obligations of lessees of official residences in Vietnam? 

What are rights and obligations of lessees of official residences in Vietnam? Hello, I am Viet Anh, I am wishing to learn the provisions of the law related to the ownership, development, management and use of housing; housing transactions; State management of housing in Vietnam. I have a question that I need the editor to help me answer. May I ask, What are rights and obligations of lessees of official residences in Vietnam?  In which legal documents can I find information? Looking forward to hearing from you. Sincerely thank!

Viet Anh (vietanh*****@gmail.com)

Reply:

According to Article 34 of the Law on Housing 2014, rights and obligations of lessees of official residences are specified as follows:

1. The lessee of an official residence has rights to:

a) Receive the official residence and equipment attached to the housing as agreed in the housing lease;

b) Use the official residence as housing for them or their family over the duration in which he/she is on duty;

c) Request the housing managing organization to repair promptly damages not caused themselves;

d) Keep concluding the agreement on official residence lease if the lease term expires but he/she still satisfies requirements for renting official residences as prescribed in this Law;

dd) Exercise other rights as prescribed in regulations of law and as specified in the agreement on official residence lease.

2. The lessee of an official residence has obligations to:

a) Use the official residence for residential purposes and daily needs of them or their families over the lease term;

b) Reserve the official residence and assets attached to; do not renovate, repair, or demolish the official residence without the consent of the lessor; or comply with regulations on management and use of apartment buildings if he/she lives in an apartment.

c) Do not sublet, lend official residences, or authorize the management of official residences;

d) Pay the contractual rents and pay other living expenses as regulated by the service provider;

dd) Return the official residence to the State when he/she is not entitled to rent the official residence, or does not wish to rent the official residence, or commit violations subject to housing withdrawal as prescribed in this Law within 90 days, from the date on which the notification of the agency in charge of management of official residence is received;

e) Implement the enforcement of a decision on housing withdrawal issued by the competent agency in case the housing is subject to withdrawal enforcement;

g) Fulfill other obligations as prescribed in regulations of law and as specified in the agreement on official residence lease.

The above is the content of advice on rights and obligations of lessees of official residences in Vietnam. For more detailed information, you should refer to the Housing Law 2014.

Best regards!