Amendments to procedures for leasing state-owned old houses in Vietnam

Amendments to procedures for leasing state-owned old houses in Vietnam (Internet image)

The Ministry of Constructio of Vietnam issued Decision 133/QD-BXD dated March 3, 2023, on the announcement of amendments and supplements to administrative procedures in the housing sector related to the abolition of the application for the presentation of paper household registration books within the scope and state management function of the Ministry of Construction.

Thus, the procedures for leasing old state-owned houses are amended as follows:

1. Procedures for leasing state-owned old houses in Vietnam

* Procedures for leasing old houses for the case specified at Point b, Clause 2, Article 57 of Decree 99/2015/ND-CP are as follows:

- The applicant for leasing a house shall submit 01 dossier to the housing operation management unit or the Department of Construction (as prescribed by the provincial People's Committee);

- The application-receiving agency is responsible for examining and writing a receipt for the application;

In case the applicant is not eligible to rent the old house, a written notice must be given to the applicant clearly stating the reason; if documents are missing from the application, the application-receiving agency must guide the applicant on when to submit the missing documents.

In case the housing operation management unit receives the dossier, it must report it to the Department of Construction for consideration;

- On the basis of dossiers eligible to receive, the housing management agency is responsible for examining and making a report enclosed with the draft decision approving the tenants of the old house and submitting it to the owner's representative agency for decision;

- Based on the request of the housing management agency, the housing owner's representative agency shall consider and issue a decision approving the tenant; then send this decision to the housing management agency to notify the housing operation management unit to sign the house lease contract.

In case the old house is managed by the Ministry of National Defense, which assigns the authority to decide on the subjects eligible to rent the house to the housing management agency, this agency shall issue a decision approving the tenant.

- After there is a decision approving the tenant of the old house, the housing operation management unit shall sign a contract with the tenant.

* The order and procedures for signing a house lease contract for the cases specified at Points c and d, Clause 2, Article 57 of Decree 99/2015/ND-CP are as follows:

- After 30 days from the date of last posting, if there is no dispute or complaint about the rental housing, the housing operation management unit shall sign a contract with the tenant and report it to the Department of Construction for monitoring and management; if there is a dispute or lawsuit about this house, the lease contract shall only be signed after the dispute or lawsuit has been settled;

In case the current house user is the transferee of the right to rent the house from June 6, 2013, the person who proposes to rent a house shall submit 1 set of dossiers as prescribed at the housing operation management unit or at the housing management agency.

In case the housing management agency receives the dossier, the housing management agency is responsible for inspecting, if there is no dispute or complaint about the house, there shall be a written agreement on the transfer of the lease right and send this document together with a copy of the application for house tenancy to the housing operation management unit to sign a contract with the tenant;

In case the operation management unit receives the application, it is responsible for inspecting and reporting to the housing management agency for consideration and inspection to obtain written consent for the transfer of the lease right before signing the contract; the case of state management agencies.

2. Instruction on leasing old state-owned houses in Vietnam

Instruction on leasing old state-owned houses: submit an application at the housing operation management unit or the Department of Construction where the house is located.

3. Components of applications, number of applications for lease of state-owned old houses in

 * Application consists of:

- An application to rent an old house;

- Papers proving the use of the house;

- A copy of the identity card, citizen identity card, or valid passport or military card of the applicant; in the case of husband and wife, a copy of the marriage certificate is required;

- Copies of papers proving that they are eligible for housing rent exemption or reduction (if any).

In case an individual identification number has been granted and the national database on population, the database on investment registration and business registration is connected, operated, it is eligible to use personal identification numbers instead of papers related to identity when carrying out this procedure.

* Number of records: 01 set

More details can be found in Decision 133/QD-BXD takes effect from the date of signing.

Vo Van Hieu

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