What is public housing? Eligible entities and requirements for renting official residences in Vietnam

What is public housing? Eligible entities and requirements for renting official residences in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is official residence?

According to Clause 5, Article 3 of the Law on Housing 2014, official residence means any house rent by entities entitled to live in official residences as prescribed in the Law on Housing 2014 over the duration in which they are on duty.

2. Land used for official residence construction in Vietnam

Land used for official residence construction according to Article 29 of the Law on Housing 2014 is as follows:

- The area of land used for official residence construction shall be specifically determined in the construction planning approved by the competent agency as prescribed in Clause 1 Article 16 of the Law on Housing 2014.

- Regarding central official residences, the Ministry of Construction shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residences in administrative divisions, except for cases prescribed in Clause 3 of Article 29 of the Law on Housing 2014.

The People’s Committee of the province shall allocate land plots for official residence construction at the request of the Ministry of Construction.

- Regarding official residence allocated to entities prescribed in Point d Clause 1 Article 32 of the Law on Housing 2014, the Ministry of National Defense and/or the Ministry of Public Security shall take charge and cooperate with the People’s Committee of the province in determination of area of land used for official residence construction.

- Regarding local official residences, the People’s Committee of the province shall allocate land plots for official residence construction when filing and approving the planning prescribed in Clause 1 Article 16 of the Law on Housing 2014.

- The State shall not collect land levies on land plots used for official residence construction as prescribed Article 29 of the Law on Housing 2014.

3. Eligible entities and requirements for renting official residences in Vietnam

Eligible entities and requirements for renting official residences according to Article 32 of the Law on Housing 2014 are as follows:

- 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 official residences as prescribed in Point a of Clause 1 of Article 32 of the Law on Housing 2014 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 official residences as prescribed in Point b of Clause 1 of Article 32 of the Law on Housing 2014 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.

- Requirements for renting official residences:

+ The official residences are allocated to entities prescribed in Point a Clause 1 of Article 32 of the Law on Housing 2014 as required by security;

+ The official residences shall be allocated to entities prescribed in Point b, c, d, dd, e, and Clause 1 of Article 32 of the Law on Housing 2014 if they have not any house under their ownership and have not purchased, rented or rented and purchased social housing in the administrative divisions where they are working;

Or they have houses under their ownership in the administrative divisions where they are working, but their floor area per capita in the households is lower than the minimum floor area regulated by the Government in every period and every area.

Le Truong Quoc Dat

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