Responsibilities of management and business organizations of public housing not serving residential purposes in Vietnam

Responsibilities of management and business organizations of public housing not serving residential purposes in Vietnam (Image from Internet)

On August 23, 2024, the Government of Vietnam issued Decree 108/2024/ND-CP regulating the management, usage, and exploitation of public housing and land assets not used for residential purposes, assigned to organizations with local housing management and trading functions for management and exploitation.

Responsibilities of management and business organizations of public housing not serving residential purposes in Vietnam

According to the provisions in Article 28 of Decree 108/2024/ND-CP, the management and business organizations of public housing are as follows:

- Receive, supervise, and preserve the housing and land assigned for management and exploitation in accordance; ensure these assets are not encroached upon, misappropriated, or lost.

- Develop, submit to the competent state authority for appraisal, approval, adjustment, and supplementation of the Housing and Land Management and Exploitation Plan under the provisions of this Decree; fully and effectively implement the housing and land management and exploitation according to the Plan approved by the Provincial People's Committee, ensuring transparency, effectiveness, and compliance with the law.

- Collect accurately, adequately, and promptly the payments from organizations and individuals renting houses and temporary housing and land use fees; prepare estimates, use, and finalize the management and exploitation expenditures in accordance with the law on state budget and the provisions of this Decree; timely submit collected amounts to the local budget as stipulated in Decree 108/2024/ND-CP.

- Regularly inspect and supervise compliance of organizations and individuals renting houses according to the signed Rental Contracts; promptly handle violations of rental contracts within the scope of their authority, and promptly report to the competent authorities or individuals for resolution in case of violations beyond their authority, preventing prolonged, complicated violations.

- Implement housing and land registration and declaration according to the provisions of the land law.

- Perform other responsibilities stipulated in this Decree, relevant laws, and regulations of the Provincial People's Committee.

- Handle violations related to the management and trading of housing:

+ Organizations managing, trading housing assets and individuals therein that violate regulations on the management and exploitation of housing and land under this Decree shall be disciplined, administratively punished, or criminally prosecuted depending on the nature and severity of the violation; compensate for any damage caused to the State according to legal provisions.

+ The head/legal representative of the organization managing, trading housing (Chairman of the Management Board, Head of public service provider; Chairman of the Members' Council, General Director/Director of the housing management and trading company) is responsible for explaining and bearing full or joint responsibility for violations of housing and land management and exploitation at their organization; face disciplinary actions, administrative penalties, or criminal prosecution based on the nature and severity of violations according to the law.

More details can be found in Decree 108/2024/ND-CP, which comes into effect in Vietnam on October 15, 2024.

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