Procedures for handling of dispute over management and use of public housing in Vietnam

Procedures for handling of dispute over management and use of public housing in Vietnam (Image from the Internet)

1. Procedures for handling of dispute over management and use of public housing in Vietnam

The procedures for handling of dispute over management and use of public housing in Vietnam as prescribed in Article 81 of Decree 95/2024/ND-CP are as follows:

- The order and procedures for resolving disputes on the management and use of housing under the jurisdiction of the provincial People's Committee are implemented as follows:

+ The tenant submits a proposal accompanied by a certified copy or a copy with the original of proof documents showing the use of the housing directly or via postal services to the provincial People's Committee, where the housing is located, for consideration and resolution. The provincial People's Committee assigns the provincial housing management agency to receive and handle the dossier;

+ Within a maximum period of 30 days from the date of receipt of the proposal, the housing management agency is responsible for checking the contents of the proposal and compiling a dossier for handling of dispute, including: the proposal for handling of dispute on the management and use of housing; minutes of meetings with disputing parties; inspection reports on the current state of the management and use of housing (if any); files on the management and use of housing;

+ Within a maximum period of 30 days from the date of compilation of the handling of dispute dossier, the housing management agency must consider and verify the facts (if any), summarize and draft a handling of dispute decision for submission to the provincial People's Committee for review and decision;

+ Within a maximum period of 30 days from the date of receipt of the report from the housing management agency, the provincial People's Committee reviews and issues a decision on handling of dispute within its jurisdiction; this handling of dispute decision is sent to the applicant and the relevant individuals and organizations.

- The order and procedures for resolving disputes on the management and use of housing under the jurisdiction of the Ministry of Construction or the Ministry of National Defense, the Ministry of Public Security are implemented as follows:

+ The tenant submits a proposal accompanied by a certified copy or a copy with the original of proof documents showing the use of the housing directly or via postal services to the Ministry of Construction (for housing managed by central agencies not under the management of the Ministry of National Defense or Ministry of Public Security) or sends it to the Ministry of National Defense, Ministry of Public Security for housing managed by these agencies for consideration and resolution;

+ The agencies specified at point a of this clause assign their affiliated housing management agencies to receive the dossier;

+ Within a maximum period of 30 days from the date of receipt of the dossier, the housing management agency is responsible for checking the contents of the proposal and compiling a handling of dispute dossier according to the provisions at point b of clause 1 of Article 81 Decree 95/2024/ND-CP;

+ Within a maximum period of 30 days from the date of compilation of the handling of dispute dossier, the housing management agency must consider and verify the facts (if any), summarize and draft a handling of dispute decision report for submission to the Ministry of Construction or the Ministry of National Defense, Ministry of Public Security for review and decision;

+ Within a maximum period of 30 days from the date of receipt of the report from the housing management agency, the Ministry of Construction or the Ministry of National Defense, Ministry of Public Security reviews and issues a decision on handling of dispute within its jurisdiction; this handling of dispute decision is sent to the applicant and the relevant individuals and organizations.

2. Handling of shared area of houses and land of old public housing in Vietnam

According to Article 76 of Decree 95/2024/ND-CP, the resolution of shared areas of houses and land in old public housing is guided as follows:

- In cases where houses are occupied by multiple households and the State has sold all areas designated for private use to the households but has not sold the shared areas of houses and land in the premises (shared areas include hallways, stairs, and other shared areas in the old public housing premises), if the organization or household, individual owning the entire private use area previously sold by the State wishes to buy the entire shared area, the resolution is as follows:

+ The organization or household, individual must pay for the house and land levy for the shared area;

+ The house price is determined according to the remaining quality ratio of the house multiplied by the new construction house price issued by the provincial People's Committee at the time of contract signing and multiplied by the entire unsold shared area;

+ The land levy is calculated as 100% of the homestead land price according to the price table issued by the provincial People's Committee effective at the time of contract signing; the homestead land limit stipulated by land law does not apply in this case;

+ Prior to selling the shared area of houses and land according to clause 1 of Article 76 Decree 95/2024/ND-CP, the housing sales agency is not required to sign a lease for these shared areas.

- In cases where a household or individual builds a house on vacant land in the premises of old public housing or on adjacent land to old public housing, the resolution for land use rights is implemented according to land law regulations.

- For shared areas of houses and land stipulated in clause 1 of Article 76 Decree 95/2024/ND-CP which the house owners do not purchase or are not eligible for sale, the housing management agency presides, cooperates with the district People's Committee where the house is located to manage according to the regulations of Decree 95/2024/ND-CP, housing law, and land law.

- The provincial People's Committee has the responsibility to allocate funds from the local regular expenditure budget as stipulated by the law on the state budget to measure, compile dossiers, and manage shared areas of houses and land as stipulated in clause 3 of Article 76 Decree 95/2024/ND-CP.

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