May I ask, according to the current legal regulations, how are the procedures for issuing a new house number in Ho Chi Minh City carried out? - This is the question of Mr. Ngo Xuan Hoang sent to the Legal Secretary on October 11, 2020.
New house number issuance procedure for individual cases in Ho Chi Minh City (Illustration)
Regarding this matter, the Editorial Board of THU KY LUAT provides the following explanation:
1. On the components of the application dossier for new house number issuance
Based on Article 20 of the Regulation on numbering and attaching house numbers in Ho Chi Minh City territory issued together with Decision 22/2012/QD-UBND, the District or Town People's Committee will process the numbering and issuance of House Number Certificates upon the request of organizations or individuals in the following cases:
- Housing, construction works, or undeveloped land in areas where numbering has been completed, but the owner of the house, construction works, or land user requests a house number issuance due to new construction; separation - merging of houses or additional construction within the same premises.
- Housing, construction works already have a stable house number, but the owner or user requests a House Number Certificate for related transactions regarding the house or construction works.
- Organizations or individuals requesting house number issuance submit a House Number Registration Application (along with related documents) to the District People's Committee or Commune-level Town People's Committee to be issued a new house number.
To get a new house number, the homeowner must file an application for a House Number Certificate. The dossier includes:
- House Number Registration Application;
- Related documents, including:
+ Land Use Rights Certificate;
+ Appropriate Construction Permit and adjusted Construction Permit (if any);
+ Identity card, household registration book, or temporary residence book.
Place to submit the application dossier: District People's Committee and Commune- or Ward-level People's Committee.
2. Procedure and processing time for new house number issuance dossier
According to Official Dispatch 6278/SXD-QLN&CS guiding the professional work on numbering and attaching house numbers issued by the Ho Chi Minh City Department of Construction on August 20, 2012, house numbering and House Number Certificate issuance is no longer an administrative procedure. However, each District or Town People's Committee will develop specific procedures to control, manage, store, and reasonably process the application dossier upon requests from organizations or individuals.
Since it is no longer an administrative procedure, the District or Town People's Committee, Commune- or Ward-level People's Committee will not accept dossiers at the one-stop shop. Additionally, they will not issue old form types (issued with Decision 1958/1998/QD-UB-QLDT dated April 13, 1998, by the City People's Committee) when guiding and accepting dossiers from requesting organizations or individuals.
The District or Town People's Committee, based on the local situation, will develop reasonable, scientific dossier processing procedures; ensuring that the processing time for dossiers does not exceed the time prescribed in Decision 1958/1998/QD-UB-QLDT of the City People's Committee, specifically, not exceeding 10 days.
3. Handling violations in attaching house numbers
The responsibilities of house users in attaching house numbers are stipulated in Articles 23 and 24 of Decision 05/2006/QD-BXD. House users are responsible for maintaining and protecting the attached house number. When the house number is damaged or lost, the house owner (or user) must submit an application for re-attaching or replacing the house number to the Ward People's Committee. The incorrect use of house numbers is prohibited, and houses must not lack house numbers. If a house has a signboard displaying an address different from the regulated house number, the signboard must be amended accordingly.
Individuals violating the regulations of this Regulation shall, depending on the violation's extent, be subject to administrative penalties. If causing damage to others, they must compensate the harmed party as per civil law regulations.
In cases where local cadastral officials intentionally obstruct and refuse to process the dossiers for new house number issuance requested by individuals or organizations, the house user has the right to file a Complaint against this behavior to the Chairman of the People's Committee that holds and processes the new house number issuance dossier.
Duc Thao