Regulations on plan for management and exploitation of public housing not used for residential purposes in Vietnam

Regulations on plan for management and exploitation of public housing not used for residential purposes in Vietnam (Internet image)

On August 23, 2024, the Government of Vietnam issued Decree 108/2024/ND-CP regulating the management, use, and exploitation of houses and lands as public property not used for residential purposes, which are assigned to local housing management and business organizations for management and exploitation.

Regulations on plan for management and exploitation of public housing not used for residential purposes in Vietnam

According to the provisions in Article 9 of Decree 108/2024/ND-CP, the plan for management and exploitation of public housing not used for residential purposes in Vietnam includes:

- The management and exploitation plan of houses and lands includes: Annual management and exploitation plan and Adjustment and Supplement Plan.

- The basis for establishing the Management and Exploitation Plan of houses and lands includes:

+ The results of the previous year and the estimated results of the year the Plan is established.

+ Expected increase or decrease in houses and lands handed over to housing management and business organizations for management and exploitation.

+ Rental price tables and estimated rental prices of houses and lands expected to be additionally handed over (if any).

+ Changes between the purposes specified in points a and b, clause 1, Article 1 of Decree 108/2024/ND-CP and the demand for using houses and lands for temporary allocation to agencies, organizations, and units.

+ Other bases (if any).

- Annually, no later than October 31, housing management and business organizations must establish the management and exploitation plan of houses and lands for the subsequent year and send it to the Department of Finance; in cases where the housing management and business organization is a public service provider with a superior management agency, it must report to the superior management agency to summarize and provide written feedback to the Department of Finance.

- Within 30 days from the date of receiving the management and exploitation plan of houses and lands as stipulated in clause 3, Article 9 of Decree 108/2024/ND-CP, the Department of Finance is responsible for leading, coordinating with the Department of Construction, Department of Natural Resources and Environment, Department of Planning and Architecture (if any), the Tax Department, the district-level People's Committee and other relevant agencies and units (if necessary) to evaluate the suitability of the plan content for the subsequent year based on the basis for establishing the management and exploitation plan of houses and lands of the housing management and business organization, and submit it to the provincial People's Committee for review and approval.

- The management and exploitation plan of houses and lands is formulated according to Form No. 01 in the Appendix issued together with Decree 108/2024/ND-CP. The approval of the management and exploitation plan of houses and lands is carried out through an administrative decision issued by the provincial People's Committee; including the main contents: quantity, area of houses and lands assigned for management and exploitation; estimated area allocated to agencies, organizations, and units for temporary use; estimated area under temporary management while waiting for handling; estimated area of houses and lands for lease; rental methods; estimated revenue from the exploitation of houses and lands; targets for debt recovery (if any).

Form No. 01

- In cases where the management and exploitation plan of houses and lands needs to be adjusted due to changes in the quantity of houses and lands assigned for management and exploitation or changes between the purposes specified in points a and b, clause 1, Article 1 of Decree 108/2024/ND-CP, housing management and business organizations are responsible for formulating Adjustment and Supplement Plan. The content of the Adjustment and Supplement Plan must specifically identify the adjusted and supplemented contents compared to the approved management and exploitation plan of houses and lands by the provincial People's Committee.

The procedures for submission, evaluation, and approval of the Adjustment and Supplement Plan are carried out according to the procedures for submission, evaluation, and approval of the annual management and exploitation plan of houses and lands.

More details can be found in Decree 108/2024/ND-CP, which comes into force in Vietnam from August 15, 2024.

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