Vietnam: Leasing commercial housing as official residences

According to Vietnam’s regulations, if the existing commercial housing in the area is not adequate and there are commercial houses whose quality, type and standards are suitable for being used as official residences, the competent authorities mentioned in Clause 2 Article 28 of the Law on Housing may lease such houses as official residences.

According to Decree No. 99/2015/ND-CP of Vietnam’s Government, commercial housing shall be leased as official residences as follows:

- If the houses/apartments are intended to be rented by central agencies (except for those mentioned in Point d Clause 1 Article 32 of the Law on Housing), the Ministry of Construction shall cooperate with the Ministry of Finance in submitting a proposal to the Prime Minister for consideration;

- If the houses/apartments are intended to be rented the entities mentioned in Point d Clause 1 Article 32 of the Law on Housing, the Ministry of National Defense or the Ministry of Public Security shall reach an agreement with the Ministry of Finance before submitting a proposal to the Prime Minister for approval; after the Prime Minister grants an approval, the Ministry of National Defense or the Ministry of Public Security shall decide the lease;

- If the houses/apartments are intended to be rented by local entities, the Department of Construction shall cooperate with the Department of Finance of the province in submitting a proposal to the People’s Committee of the province for approval;

The housing lease proposal shall specify the locations, types and quantity of houses/apartments, usable area of each type, rents, lease term, relevant costs, capital sources, agencies responsible for paying the rents, contracting agency, and managing agency.

According to the approval of the competent authority, the assigned managing agency shall conclude a lease contract with the owner of the commercial housing, then conclude lease contracts with the tenants of official residences and take responsibility for their management. The lease contract with the owner shall be concluded in accordance with regulations on leasing commercial housing; the lease contracts with tenants of official residences shall be concluded as instructed by the Ministry of Construction.

View full text at Decree No. 99/2015/ND-CP of Vietnam’s Government, effective from December 10, 2015.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE