Regulations on renting commercial housing for official residences in Vietnam

Regulations on renting commercial housing for official residences in Vietnam​ (Image from Internet)

1. Forms and plans for the development of official residences in Vietnam

The form and plan for the development of official residences under Article 41 of the Law on Housing 2023 are as follows:

- The State shall invest capital from the budget, including the central budget and the local budget, to invest in the construction, purchase, and rental of commercial housing for the purpose of official residences.

- Central agencies shall be responsible for determining the demand for official residences and the content specified in points a, b, and c of Clause 5, Article 41 of the Law on Housing 2023 of their own agency or sector if it is managed according to the vertical industry system and must send these to the Ministry of Construction for appraisal and for drafting the five-year developmental plan for official residences of central agencies to submit to the Prime Minister of the Government of Vietnam for approval, except as prescribed in Clause 3, Article 41 of the Law on Housing 2023.

- The Ministry of Defense and the Ministry of Public Security, in cooperation with the Ministry of Construction, shall draft a five-year developmental plan for official residences for individuals in the people's armed forces as prescribed by the Law on Housing 2023 to submit to the Prime Minister of the Government of Vietnam for approval.

- Provincial People's Committees shall formulate and approve the content of official residence development as specified in Clause 5, Article 41 of the Law on Housing 2023 for subjects eligible to rent official residences in the locality in the provincial housing development plan as regulated by this Law.

- The primary content of the official residence development plan specified in Article 41 of the Law on Housing 2023 includes:

+ Determining the number and job positions of subjects eligible to rent official residences as regulated by the Law on Housing 2023;

+ Determining the demand for land area to construct official residences;

+ Determining the type of housing, the number of each type, the total floor area of housing required for investment or purchase, and renting commercial housing for use as official residences in the planning period;

+ Estimating the capital source for investment, construction, purchase, and rental of commercial housing for use as official residences in a five-year period;

+ Responsibilities of the leading agency in implementation and related ministries, sectors, and localities.

- The plan and content for developing official residences form the basis for drafting investment projects in the construction, purchase, and rental of commercial housing for use as official residences.

2. Regulations on renting commercial housing for official residences in Vietnam

According to Clause 4, Article 43 of the Law on Housing 2023, the regulations for renting commercial housing for official residences are as follows:

- In cases where housing is rented for subjects of central agencies, the Ministry of Construction shall report to the Prime Minister of the Government of Vietnam for consideration, decision; the Ministry of Construction shall directly sign the rental contract with the homeowners to allocate housing to those eligible for official residences;

- In cases where housing is rented for subjects of the people's armed forces, the Ministry of Defense and the Ministry of Public Security shall report to the Prime Minister of the Government of Vietnam for consideration, decision; the Ministry of Defense and the Ministry of Public Security shall directly sign the rental contract with the homeowners to allocate housing to those eligible for official residences;

- In cases where housing is rented for subjects of local agencies, the provincial housing management agency shall report to the provincial People's Committee for consideration, decision; the provincial housing management agency shall directly sign the rental contract with the homeowners to allocate housing to those eligible for official residences;

- The primary content of the proposed report for renting commercial housing for use as official residences as specified in Clause 4, Article 43 of the Law on Housing 2023 includes the location, type of housing, number of housing units, usable area of each type, rental price, rental period, related costs, funds for renting, responsible agency for rental payment, the agency signing the rental contract, and post-rental housing management.

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