Newest regulations on procedures for renting official housing in Vietnam

Newest regulations on procedures for renting official housing in Vietnam (Internet image)

On July 24, 2024, the Government of Vietnam issued Decree 95/2024/ND-CP detailing some provisions of the Housing Law 2023.

Newest regulations on procedures for renting official housing in Vietnam

Article 32 of Decree 95/2024/ND-CP provides for the procedures for renting official residences as follows:

- For cases falling under the provisions at point a, clause 1, Article 45 of the Housing Law 2023, the allocation of official residences is made according to the decision of a competent authority.

- For cases falling under the provisions at points b, c, d, dd, and e, clause 1, Article 45 of the Housing Law 2023, the procedures are as follows:

+ Subjects defined in clause 2, Article 32 of Decree 95/2024/ND-CP must submit an application to rent an official residence in the form of Form No. 03 of Appendix III issued with Decree 95/2024/ND-CP to their current place of work. Within a maximum of 10 days from the date of receipt of the application, the organization to which the subject defined in clause 2, Article 32 Decree 95/2024/ND-CP sends the application, verifies the contents, and sends an accompanying document to the competent authority for consideration and decision for renting an official residence;

+ Within a maximum of 20 days from the receipt of the document from the organization defined at point a, clause 2, Article 32 Decree 95/2024/ND-CP, the competent authority for official residence rentals shall be responsible for checking; if eligible to rent an official residence, the decision for renting an official residence shall be issued in the form of Form No. 04 from Appendix III issued with Decree 95/2024/ND-CP; if not eligible, a written response stating the reasons is required.

+ Within a maximum of 10 days from the receipt of the decision to rent an official residence of the competent authority, the unit entrusted with managing and operating the official residence as stipulated in Article 34 of Decree 95/2024/ND-CP shall sign the rental contract with the tenant or the direct managing agency of the tenant using Form No. 02 from Appendix III issued with Decree 95/2024/ND-CP.

+ The Ministry of Construction of Vietnam is the receiving agency for official residence rental applications for individuals managed by central agencies and those defined at point e, clause 1, Article 45 of the Housing Law 2023. The Ministry of National Defense, the Ministry of Public Security, or the units designated by them to decide on renting official residences for individuals in the armed forces are the receiving agencies for such applications. The provincial house management agency is the receiving agency for applications from individuals managed locally and those managed by central agencies but working in localities as defined at points c or dd, clause 1, Article 45 of the Housing Law 2023.

- For officials managed vertically by central agencies who are transferred to localities without available official residence, a written proposal to the provincial People's Committee for allocating an official residence for rent is required.

Within a maximum of 15 days from the receipt of the proposal and the applicant's application, the provincial People's Committee is responsible for checking and allocating an official residence for rent.

- For cases defined at point g, clause 1, Article 45 of the Housing Law 2023, the procedures are as follows:

+ The managing agency of the applicant shall send a document to the Ministry of Construction of Vietnam proposing the rental of an official residence;

+ Within a maximum of 30 days from the receipt of the document as stipulated at point a, clause 4, Article 32 of Decree 95/2024/ND-CP, the Ministry of Construction of Vietnam shall check and report to the Prime Minister of the Government of Vietnam for consideration and decision on renting an official residence;

+ Following the Prime Minister of the Government of Vietnam's instructions, if ineligible, the competent authority must provide a written response stating the reasons; if eligible, the competent authority must issue a decision for renting an official residence. The process is outlined at point c, clause 4, Article 32 of Decree 95/2024/ND-CP, with a maximum execution period of 30 days from the date of the Prime Minister's instructions.

More details can be found in Decree 95/2024/ND-CP which comes into effect in Vietnam from August 1, 2024.

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