New: Method to Determine the Time for Allocating and Using Old State-Owned Housing

Notable in this Decree 30/2019 is the addition of regulations determining the starting point for the arrangement and use of old housing (owned by the state). To be specific, there are three cases as follows:

Case 1: The person currently using the house, who has a rental contract and is named in the rental contract:

- If the starting point for the use of the house is stated in the rental contract, it is determined according to the date in the contract;- If the rental contract does not specify the starting point for the use of the house, it is determined by the date the contract was signed;- If it is a case of renewing or extending the rental contract, the starting point for usage is determined according to the date specified in the initial contract;- If the person directly using the house has documents proving payment of rent before signing the rental contract, the starting point for usage is determined based on the rent payment date. In cases where a rental contract is signed but the competent authority has retroactively collected rent (with proof of retroactive rent collection), the starting point for usage is determined according to the retroactive rent collection date;- If the person directly using the house has a decision or document for the allocation and arrangement of the house and is named in that document before the signing of the rental contract, the starting point for usage is determined according to the date in the allocation document; if the document does not state the date, it is determined by the issuance date of that document.

Case 2: The person currently using the house does not have a rental contract but is named in an allocation document; the starting point for usage is determined according to the date in that document. If the allocation document does not state a date, it is determined according to the issuance date of the document.

Case 3: The person currently using the house falls under the category of transferring rental rights (has a rental contract or an allocation document but is not named in the contract or document); the starting point for usage is determined by the date of the first person named in the rental contract or allocation document.

For more details, see Decree 30/2019/ND-CP, effective from May 15, 2019.

- Thuy Phu -

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