What documents are required to carry out procedures for leasing old state-owned houses in 2023 in Vietnam?

What documents are required to carry out procedures for leasing old state-owned houses in 2023 in Vietnam?

Pursuant to subsection 1.3, Section 1, Part II, List of administrative procedures amended and supplemented in the housing sector within the scope of state management functions of the Ministry of Construction issued together with Decision 133/QD- BXD in 2023, there are regulations on documents for implementing procedures for leasing old state-owned houses as follows:

1.3. Document composition and number of documents:

a) Document components:

- Application to rent old house;

- Documents proving the use of housing;

- Copy of Citizen Identification card or ID card or valid passport or Military ID card of the person applying for housing rental; In case of husband and wife, a copy of the Marriage Certificate1 is required;

- Copy of documents proving eligibility for housing rent exemption or reduction (if any).

In case a personal identification number has been issued and the national population database, investment registration database, and business registration database are connected and operated, the personal identification number can be used. replace documents related to personal identity when performing this procedure.

b) Number of documents: 01 set

Thus, the dossier to carry out procedures for leasing old state-owned houses in Vietnam includes the following documents:

- Application to rent old house;

- Documents proving the use of housing;

- Copy of Citizen Identification card or ID card or valid passport or Military ID card of the person applying for housing rental; In case of husband and wife, a copy of the Marriage Certificate1 is required;

- Copy of documents proving eligibility for housing lease exemption or reduction.

What are requirements and conditions for implementing administrative procedures for leasing old state-owned housing?

According to subsection 1.10, Section 1, Part II, List of administrative procedures amended and supplemented in the housing sector within the scope of state management functions of the Ministry of Construction issued together with Decision 133/QD- BXD in 2023 regulates requirements and conditions for implementing administrative procedures for leasing state-owned old houses as follows:

Subjects eligible to rent state-owned old housing are those who are actually using the housing and wish to continue leasing the housing, not occupying the housing illegally, including those who are arranged to use the housing from before November 27, 1992 and the following subjects:

- Distributed houses are rented by competent authorities for construction investment with state budget capital before November 27, 1992 but from November 27, 1992, construction was completed and put into use.

- People who are leasing a house before November 27, 1992 but are subject to a job transfer and the State requires them to return the house they are leasing, then a state agency will arrange to lease another house after that date. November 27, 1992.

- People who are assigned to use housing or houses that are not originally housing but are assigned to use during the period from November 27, 1992 to before July 5, 1994.

- People who are assigned to use housing or houses that are not originally housing but are assigned to use during the period from July 5, 1994 to before January 19, 2007.

What are procedures for leasing state-owned old houses in cases where the house is actually being used, without a house lease contract but with a decision, document on distribution, house arrangement and name in decisions and documents in Vietnam?

In section a, subsection 1.1, Section 1, Part II, List of administrative procedures amended and supplemented in the housing sector within the scope of state management functions of the Ministry of Construction issued together with Decision 133/QD- BXD in 2023 regulates procedures for leasing state-owned old houses in cases where the house is actually used, without a house lease contract but with a decision, distribution document, and housing location and named in this decision and document as follows:

- The housing rental applicant submits 01 set of documents at the housing management unit or at the Department of Construction (regulated by the Provincial People's Committee);

- The agency receiving the dossier is responsible for checking and writing a receipt for the dossier; In case the applicant is not eligible to rent an old house, there must be a written notice informing the applicant of the reason; If the application is missing documents, the receiving agency must immediately instruct the applicant to supplement the documents. In case the housing management unit receives the application, it must report to the Department of Construction for consideration;

- Based on the dossier meeting the conditions for reception, the housing management agency is responsible for checking and preparing a report with a draft decision approving the subject to rent the old house and submitting it to the owner's representative agency;

- Based on the request of the housing management agency, the housing ownership representative agency shall consider and issue a decision approving the subject to be rented housing, then send this decision to the management agency to notify the housing management unit to sign a housing lease contract. In case the old housing is managed by the Ministry of National Defense and the authority to decide who can rent the housing is assigned to the housing management agency, this agency will issue a decision approving who can rent the housing.

- After the decision to approve the subject to rent the old house, the housing management unit will sign a contract with the tenant.

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