Which agency is the public housing management agency in Vietnam?

Which agency is the public housing management agency in Vietnam? (Internet image)

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

1. What is the public housing management agency?

According to Clause 1, Article 3 of of Circular 09/2015/TT-BXD, a public housing management agency is an agency assigned by ministries, central branches, or People's Committees of provinces and centrally run cities (hereinafter referred to as Provincial People's Committees) to directly manage public housing funds under the management of ministries, branches, and localities.

2. Which agency is the public housing management agency in Vietnam?

Specifically, Clause 1, Article 6, of Circular 09/2015/TT-BXD stipulates public housing management agencies as follows:

- For government official housing, investment in new construction or the purchase of commercial housing as official housing will be arranged for rent to leaders of central agencies (except for the Ministry of National Defense and the Ministry of Public Security), and the Department of Housing and Real Estate Market Management - Ministry of Construction is the agency managing public housing.

- For official housing that is managed by a Ministry or central sector, the Ministry Office or the unit with the housing management function of that Ministry or sector is the official housing management agency.

- For local public housing that is managed by the Provincial People's Committee, the Department of Construction is the agency managing public housing; for local official-duty housing funds that the provincial-level People's Committees assign to the district-level People's Committees or townships (hereinafter referred to as district-level People's Committees) to manage the housing management division of the district-level People's Committee is the official housing management agency.

3. Rights and responsibilities of public housing management agencies in Vietnam

The public housing management agency in Vietnam has the following rights and responsibilities:

- Receive, review, make statistics, and classify official housing assigned to manage;

- Prepare and store official housing records specified in Point a, Clause 3, Article 4 of Circular 09/2015/TT-BXD;

- Make a list and submit it to the agency representing the owners of official housing to decide who can rent public housing; have the right to decide on the tenants of public housing if authorized;

- Submit to the agency representing the owner of the official residence to decide on the unit to manage and operate the official residence or to decide on the selection of the unit that manages and operates the official residence if assigned through an authorization contract made according to the form specified in Appendix 02 issued together with Circular 09/2015/TT-BXD;

- Based on the provisions of law to establish the rental price for the currently managed official residence to submit to the agency representing the owner of that official residence for decision;

- Report to the agency representing the owner of official housing to decide on enforcement of the revocation of official housing; have the right to decide to withdraw official housing if authorized;

- Responsible for renting commercial housing with standards equivalent to official housing standards for people eligible to live in public housing in cases where official housing has not been arranged in the area where that person comes to work.

Tenants are responsible for paying a maximum rent equal to 10% of the salary they are receiving at the time of renting the official residence. The remaining commercial housing rental difference is paid by the public housing management agency from the State budget;

- Annually, the official housing management agency prepares an estimate of the cost of renting commercial housing and related costs to submit to the competent authority specified in Article 5 of Circular 09/2015/TT-BXD approved as a basis for funding compensation for commercial housing rentals from the State budget;

- Inspect and urge the leasing, warranty, maintenance, and operation management of public housing within the scope of management;

- Receive indirect management costs from rent for official housing specified in Point c, Clause 2, Article 11 of Circular 09/2015/TT-BXD;

- Check financial revenue and expenditure reports of the unit managing and operating public housing;

- Make plans for maintenance, renovation, or reconstruction of official housing to submit to the owner's representative agency for approval;

- Inspect, monitor, and handle violations, or request competent authorities to handle violations related to the management and use of public housing;

- Summarize and report periodically every 06 months or irregularly at the request of the agency representing the owner of official housing on the management and rental arrangement of official housing according to the provisions of Article 17 of Circular 09/2015/TT-BXD.

(Clause 2, Article 6 of Circular 09/2015/TT-BXD)

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