What behaviors are strictly prohibited in management and use of official residences in Vietnam?

Who are eligible to rent official residence in Vietnam?

Pursuant to Clause 1, Article 32 of the 2014 Housing Law, it stipulates eligible entities and requirements for renting official residences. Accordingly, the following subjects are eligible to rent official residence:

1. The entities entitled to rent official residences include:

a) Senior officials of the Communist Party and/or the State entitled to rent the official residences over the duration in which they are on duty;

b) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point a of this Clause but they are subject to job rotation in the central agencies and holding at least Deputy Minister positions or equivalent; or subject to job rotation in the local agencies and holding at least President of the People’s Committee of district or Director of Service positions or equivalent;

c) Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent official residences as prescribed in Point b of this Clause but they are subject to job rotation in communes of remote areas or severely disadvantaged areas, border or island areas;

d) Officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law;

dd) Teachers who are teaching in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

e) Doctors, health workers who are working in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

d) Scientists who are in charge of national science and technology projects prescribed in the Law on science and technology.

What behaviors are strictly prohibited in management and use of official residences in Vietnam? (Image from the Internet)

Which agency manages official residences in Vietnam?

Pursuant to Clause 1, Article 6 of Circular 09/2015/TT-BXD regulating official residence management agencies, including:

- The Department of Housing and Real Estate Market Management - Ministry of Construction manages Government official residence that is invested in new construction or purchases of commercial housing as official residence to arrange rental for government officials. Directing central agencies (except the Ministry of National Defense and the Ministry of Public Security).

- For official residence that is managed by a Ministry or central sector, the Ministry Office or the unit with the housing management function of that Ministry or sector is the official residence management agency.

- For local official residence that is managed by the Provincial People's Committee, the Department of Construction is the agency managing official residence;

- For local official residence funds that the Provincial People's Committee assigns to the People's Committee of the district or town (hereinafter referred to as the District People's Committee) to manage, the Division has the following functions: Housing management of the district-level People's Committee is the agency that manages official residence.

In addition, Clause 2, Article 6 of Circular 09/2015/TT-BXD stipulates that official residence management agencies have the following rights:

- Receive, review, make statistics, and classify official residence assigned to manage;

- Prepare and store prescribed official residence records.

- Make a list and submit it to the agency representing the owners of official residence to decide who can rent official residence;

- Have the right to decide on tenants for official residence if authorized;

- Submit to the agency representing the owner of official residence to decide on the management unit to operate the official residence or decide to choose the management unit to operate the official residence if assigned to do so through a contract. authorized according to regulations.

- Based on the provisions of law to establish the rental price for the currently managed official residence to submit to the agency representing the owner of that official residence for decision;

- Report to the agency representing the owner of official residence to decide on enforcement of revocation of official residence;

- Have right to decide to withdraw official residence if authorized;

- Responsible for renting commercial housing with standards equivalent to official residence standards for people eligible to live in official residence in cases where official residence has not been arranged in the area where that person comes to work.

- Annually, the official residence management agency prepares an estimate of commercial housing rental costs and related costs and submits them to the competent authority for approval as a basis for compensating commercial housing rental costs from the State budget;

- Inspect and urge the leasing, warranty, maintenance, and operation management of official residence within the scope of management;

- Receive indirect management costs from official residence rentals.

- Check financial revenue and expenditure reports of the unit managing and operating official residence;

- Make plans for maintenance, renovation or reconstruction of official residence to submit to the owner's representative agency for that housing for approval;

- Inspect, monitor and handle violations or request competent authorities to handle violations related to the management and use of official residence;

- Summarize and report periodically every 06 months or irregularly at the request of the agency representing the owner of official residence on the management and rental arrangement of official residence according to regulations.

What behaviors are strictly prohibited in management and use of official residences in Vietnam?

Pursuant to Article 18 of Circular 09/2015/TT-BXD regulating prohibited acts in management and use of official residence:

Prohibited acts in the management and use of official residence

Prohibited acts in the management and use of official residence according to the provisions of Article 6 of the 2014 Housing Law.

According to this Article, in the management and use of official residence, the following acts are strictly prohibited:

- Infringing on housing ownership rights of the State, organizations, households, and individuals.

- Obstructing the implementation of state management responsibilities regarding housing, the exercise of rights and obligations regarding ownership, use and housing transactions of organizations, households and individuals.

- Deciding on project investment policies or approve housing construction investment projects that do not follow approved construction planning, housing development programs or plans.

- Building houses on land that is not residential land;

- Construction does not comply with design standards and area standards for each type of housing that the State has regulations on design standards and housing area standards.

- Applying the wrong way to calculate the housing use area as prescribed by law in housing purchase and sale contracts or lease-purchase contracts.

- Illegally occupying housing area; encroaching on spaces and parts under common ownership or of other owners in any form; Arbitrarily change the load-bearing structure or change the design of the privately owned part of the apartment building.

- Using the area and equipment under common ownership and use for private use;

- Misusing the area under common ownership or the service area in a mixed-use apartment building compared to the decision on investment policy for housing construction projects and approved project content, unless permitted by a competent state agency to change the purpose of use.

- Improper use of mobilized capital or prepaid housing purchases for housing development.

- The investor of a housing construction project authorizes or assigns a party participating in investment cooperation, joint venture, association, business cooperation, capital contribution or other organization or individual to sign a lease contract, lease purchase, house purchase and sale, deposit contracts for housing transactions or land use rights business in the project.

- Carrying out purchase and sale transactions, transfer of purchase and sale contracts, lease, lease purchase, gift, exchange, inheritance, mortgage, capital contribution, loan, stay, authorization for housing management not in accordance with the provisions of this Law.

- Renovating, expanding, or demolishing houses currently rented, rented, borrowed, rented, or managed without the owner's consent.

- Using the apartment for non-residential purposes;

- Using the business area in an apartment building according to an approved project for the purpose of trading inflammable or explosive materials, providing services that cause environmental pollution, noise or other activities that affect the environment. affecting the lives of households and individuals in apartment buildings according to Government regulations.

- Using individual houses for the purpose of trading inflammable and explosive materials or providing services that pollute the environment and noise, affecting social order, safety, and daily life of the residential area without comply with the provisions of law on business conditions.

- Reporting and providing housing information that is inaccurate, dishonest, not in accordance with regulations or not in accordance with the requirements of competent state agencies;

- Destroying or falsifying information in the housing database managed by competent state agencies.

Best regards!