How is the Forced Eviction and Repossession of Official Residences Carried Out?

On December 29, 2015, the Ministry of Construction issued Circular 09/2015/TT-BXD providing guidelines for the management and use of official residence housing. In this circular, Circular 09 stipulates the sequence and procedures for compulsory recovery of official residence housing.

In cases where the tenant of the official residence, subject to reclamation, fails to return the residence within the time frame specified in Circular 09/2015/TT-BXD, the landlord will proceed with the enforcement of the reclaim as follows:

- First, the landlord of the official residence shall report to the managing agency of the official residence and request enforcement of the reclaim of the official residence.- Following that, based on the operation management unit's proposal, the managing agency of the official residence will inspect and report to the representative agency of the official residence owner for review and issuance of the Decision on enforcement of reclaiming the official residence according to the provisions of this Circular.- Upon receiving the report from the managing agency of the official residence, the representative agency of the official residence owner is responsible for inspecting and comparing with current legal regulations concerning official residences to issue the Decision on enforcement of reclaiming the official residence and sending this Decision to the managing agency of the official residence, the operation management unit, and the tenant;- In cases where Ministries, sectors, or central agencies issue the Decision on enforcement of reclaiming the official residence, these agencies must provide a document attached to the enforcement Decision requesting the provincial People's Committee where the official residence is located to organize the enforcement. The cost of organizing the forced reclaim of the official residence shall be borne by the tenant. In cases where the tenant does not pay, the managing agency of the personnel shall be responsible for deducting the salary to make the payment.- ...

Details of the regulations can be found in Circular 09/2015/TT-BXD, which became effective on February 16, 2016.

- Khanh Chi -

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