Notice on the Application of Decree 30/2019/ND-CP to Determine the Timing of Housing Arrangement

The new point in Decree 30/2019 is the addition of regulations determining the timeline for allocating the use of old state-owned housing.

To be specific: it provides methods to determine the timeline for allocating the use of old housing in the following cases:

- Individuals currently utilizing the housing in reality, with a rental contract and whose names are on the rental contract;- Individuals currently utilizing the housing in reality, without a rental contract but whose names are on the document for housing allocation;- Individuals currently utilizing the housing under the transfer of rental rights (have the rental contract or housing allocation document but without their names on such contract or document).

However, it should be noted when determining the timeline for allocating the use of old housing according to Decree 30/2019 for the following special cases:

- If a housing purchase contract has been signed before May 15, 2019 (the effective date of Decree 30), the timeline for allocating housing use under Decree 30 will not be re-determined;- If a housing purchase application was submitted before May 15, 2019, but as of May 15, 2019, the parties have not yet signed the housing purchase contract, the timeline for allocating housing use will be determined according to this Decree 30.

Also, in Decree 30/2019, the Government of Vietnam stipulates that the duration of old housing rental contracts is 5 years, calculated from the date the housing rental contract is signed.

In cases where a housing rental contract was signed before May 15, 2019, with a rental duration different from 5 years per rental period, the parties do not need to re-sign the housing rental contract. In cases where the contract is due for renewal or re-signing as of May 15, 2019, the rental duration shall be determined according to the regulations of this Decree 30.

- Thuy Phu -

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