Entities eligible for and conditions for renting official residences in Vietnam

Entities eligible for and conditions for renting official residences in Vietnam

Pursuant to Clause 1, Article 32 of the Law on Housing 2014, the entities entitled to rent official residences include:

- Senior officials of the Communist Party and/or the State entitled to rent the official residences over the duration in which they are on duty;

- Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent the official residences over the duration in which they are on duty but they are subject to job rotation in the central agencies and holding at least Deputy Minister positions or equivalent; or subject to job rotation in the local agencies and holding at least President of the People’s Committee of district or Director of Service positions or equivalent;

- Officials and civil servants of bodies of the Communist Party, the State, socio-political organizations who are not entitled to rent the official residences over the duration in which they are on duty but they are subject to job rotation in communes of remote areas or severely disadvantaged areas, border or island areas;

- Officers or professional soldiers in People’s armed forces subject to job rotation as required by national defense and security, except for entities living in the barracks of the armed forces as prescribed in regulations of law;

- Teachers who are teaching in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

- Doctors, health workers who are working in the rural areas, remote areas, severely disadvantaged areas, border or island areas;

- Scientists who are in charge of national science and technology projects prescribed in the Law on science and technology 2013.

Entities eligible for and conditions for renting official residences in Vietnam (Internet image)

Rights and obligations of lessees of official residences in Vietnam

Rights and obligations of lessees of official residences are specifically stipulated in Article 34 of the Law on Housing 2014 as follows:

(1) The lessee of an official residence has rights to:

- Receive the official residence and equipment attached to the housing as agreed in the housing lease;

- Use the official residence as housing for them or their family over the duration in which he/she is on duty;

- Request the housing managing organization to repair promptly damages not caused themselves;

- Keep concluding the agreement on official residence lease if the lease term expires but he/she still satisfies requirements for renting official residences as prescribed in the Law on Housing 2014;

- Exercise other rights as prescribed in regulations of law and as specified in the agreement on official residence lease.

(2) The lessee of an official residence has obligations to:

- Use the official residence for residential purposes and daily needs of them or their families over the lease term;

- Reserve the official residence and assets attached to; do not renovate, repair, or demolish the official residence without the consent of the lessor; or comply with regulations on management and use of apartment buildings if he/she lives in an apartment.

- Do not sublet, lend official residences, or authorize the management of official residences;

- Pay the contractual rents and pay other living expenses as regulated by the service provider;

- Return the official residence to the State when he/she is not entitled to rent the official residence, or does not wish to rent the official residence, or commit violations subject to housing withdrawal as prescribed in the Law on Housing 2014 within 90 days, from the date on which the notification of the agency in charge of management of official residence is received;

- Implement the enforcement of a decision on housing withdrawal issued by the competent agency in case the housing is subject to withdrawal enforcement;

- Fulfill other obligations as prescribed in regulations of law and as specified in the agreement on official residence lease.

Mai Thanh Loi

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