Conditions for selling old public housing in Vietnam from August 1, 2024

Conditions for selling old public housing in Vietnam from August 1, 2024 (Image from Internet)

Conditions for selling old public housing in Vietnam

Old public housing includes properties that were constructed before 1994 (including apartments) and are wholly owned by the State, with the State acting as the representative owner and unified manager. Clause 3, Article 69 of Decree 95/2024/ND-CP specifies the conditions under which housing may be sold as follows:

(1) The housing must not fall under the provisions of Article 68 of Decree 95/2024/ND-CP;

(2) Housing currently rented must have been allocated for use before January 19, 2007;

(3) For housing that must be nationalized according to Resolution 23/2003/QH11 from November 26, 2003, which covers State-managed property allocated during the implementation of housing and land management policies and socialist renovation policies before July 1, 1991, and [Resolution 755/2005/NQ-UBTVQH11] (https://lawnet.vn/vb/Nghi-quyet-755-2005-NQ-UBTVQH11-giai-quyet-truong-hop-cu-the-ve-nha-dat-trong-qua-trinh-thuc-hien-chinh-sach-quan-ly-nha-dat-va-cai-tao-XHCN-CF30.html) which provides for specific cases involving housing and land during the implementation of housing and land management policies and socialist renovation policies before July 1, 1991, the competent State authorities must complete the nationalization procedures and execute the housing lease agreement according to regulations before selling this housing;

(4) For properties not originally built for housing but allocated for use as living spaces before January 19, 2007, the following conditions must be met: the land must have an independent or separable plot from the premises of the headquarters and agencies; the housing must have an independent entrance, not obstruct the facade of headquarters or agencies, and not affect the surrounding space and landscape; agencies or units must have no need for the lot, and the housing must conform to the local land use plan approved by competent authorities.

Agencies or units that no longer require the specified housing area must transfer it to the provincial People's Committee where the housing is located for management and sale according to the provisions of Decree 95/2024/ND-CP, except for housing managed by the Ministry of National Defense;

(5) In the case of housing managed by a unit’s self-managed housing funds handed over to housing management authorities, or self-managed housing without agencies or units managing it which at the time of handover has been demolished and rebuilt, the housing management authority must still take over the properties. Based on specific cases, the authority must sell to current tenants according to the sale price specified in Article 71 of Decree 95/2024/ND-CP without establishing rental agreements.

For properties not originally built for housing but allocated as living spaces before January 19, 2007, that do not meet the requirements for sale as specified in (4), and for housing allocated from January 19, 2007, management and processing must be carried out according to the laws on managing and using public assets.

Authorities responsible for selling old public housing in Vietnam

- Provincial People's Committees and the Ministry of National Defense are responsible for selling housing and for delegating the housing management authorities to sell old public housing in accordance with Decree 95/2024/ND-CP.

- For old public housing in localities managed by the Ministry of National Defense, if the Ministry wishes to transfer management and sale responsibilities to the provincial People's Committee, the Ministry must coordinate with the provincial People's Committee to hand over and receive these properties. Post-handover from the Ministry of National Defense, the provincial People's Committee acts as the representative owner of the housing, responsible for organizing management, leasing, or selling according to Decree 95/2024/ND-CP.

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