Vietnam Law has regulations on official residence development. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on official residences and plans for official residence development in Vietnam? What are Projects for official residence construction and investor selection in Vietnam? Thanks for answering my questions!”
Legal grounds
2014 Vietnam Law on Housing
Official residences and plans for official residence development
– The State shall allocate the budget, including central budget and local budget to build official residences or to buy or rent commercial housing for official residences. The official residences include central official residences and local official residences.
– The official residences constructed or originated from commercial housing must conform to the plans for official residence development prescribed in Clause 3 of this Article; ensuring the official residence users the safety condition of work and convenience of living and traveling.
– Plans for official residence development shall follow procedures below:
+ The central agencies shall determine their demands for official residences, then send them to the Ministry of Construction for assessment and formulate the plans for official residence development of the central agencies, then request the Prime Minister for approval, except for cases prescribed in Point b of this Clause;
+ The Ministry of National Defense an+or the Ministry of Public Security shall determine the demands and formulate the plans for official residences of entities prescribed in Point d Clause 1 Article 32 of 2014 Vietnam Law on Housing, then request the Prime Minister for approval after receiving the suggestion of the Ministry of Construction.
+ The People’s Committee of the province shall make and approve the plans for official residence development in the plan for local housing development as prescribed in Article 15 of 2014 Vietnam Law on Housing;
+ The agencies making plans prescribed in Point a, b and c of this Clause must clarify the demands for official residences including type of housing, floor area; location and area for housing construction, area of commercial housing used for official residences; capital resources and phasing of investment every year and every 5 years; determine responsibility of relevant agencies.
– The Government shall provide guidance on construction, sale or lease of commercial housing for official residences, eligible entities, requirements for official residence lease and the management and use of official residences.
Projects for official residence construction and investor selection
– The project for official residence construction which includes new official residences and purchase of commercial housing shall be filed, accessed, approved and implemented as prescribed in 2014 Vietnam Law on Housing and law on construction.
– Projects for official residence construction include:
+ Projects in which the investment is decided by the Prime Minister at the request of the Ministry of Construction leased out to central agencies, except for cases prescribed in Point b of this Clause;
+ Projects in which the investment is decided by the Ministry of National Defense an+or the Ministry of Public Security, after being discussed with the Ministry of Construction and approved by the Prime Minister leased out to entities prescribed in Point d Clause 1 Article 32 of 2014 Vietnam Law on Housing;
+ Projects in which the investment is decided by the People’s Committee of the province and at the request of agency of province in charge of housing allocated to entities subject to job rotation in local governments.
Regarding entities subject to job rotation in wards, districts, towns, province-affiliated cities and equivalent (hereinafter referred to as district) and entities prescribed in Point c, dd, e and g Clause 1 Article 32 of 2014 Vietnam Law on Housing, the People’s Committee of the province shall decide the investment of the project or authorize the People’s Committee of district to divide the investment of the project.
– The investor in a project for official residence construction shall be selected as follows:
+ The Prime Minister shall select the investors in the project as prescribed in Point a Clause 1 of this Article at the request of the Ministry of Construction;
+ The Minister of National Defense an+or shall select the investor in the project as prescribed Point b Clause 2 of this Article;
+ The People’s Committee of the province shall select the investors in the project prescribed in Point c Clause 1 of this Article at the request of the housing authority of province.
Land used for official residence construction
– 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 2014 Vietnam Law on Housing.
– 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 this Article. 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 2014 Vietnam Law on Housing, the Ministry of National Defense an+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 2014 Vietnam Law on Housing.
– The State shall not collect land levies on land plots used for official residence construction as prescribed this Article.
Buying or renting commercial housing for official residences
– Regarding any local government having commercial housing which is built under projects and conformable with type of housing and space housing standards prescribed in Article 31 of 2014 Vietnam Law on Housing, the competent agency prescribed in Clause 2 Article 38 of 2014 Vietnam Law on Housing may buy or rent that commercial housing for official residences.
– The purchase of commercial housing for official residences must be made in project and approved by the competent agency prescribed in Clause 2 Article 28 of 2014 Vietnam Law on Housing.
– The selling price of the commercial housing shall be decided by the person in charge of investment decision refer to market selling prices of housing and price appraisal of the appraising agency on the date on which the housing is sold.
– In cases there are not enough official residences for lease, the competent agency prescribed in Clause 2 Article 28 of 2014 Vietnam Law on Housing shall decide to rent commercial housing for official residences.
– The capital shall be provided by the central budget for buying or renting commercial housing for official residences which are allocated to entities of central agencies, including housing of the Ministry of National Defense an+or the Ministry of Public Security. The capital shall be provided by the local budget for buying or renting commercial housing for official residences which are allocated to entities of local agencies.
Types of housing and housing area standards pertaining to official residences
– The official residences include separate houses and apartments with different housing area standards in conformity with every entity entitled to rent the official residence.
– The housing area standards pertaining to official residences shall be decided by the Prime Minister and adjusted in conformity with every period at the request of the Ministry of Construction.
Eligible entities and requirements for renting official residences
– The entities entitled to rent official residences include:
+ Senior officials of the Communist Party an+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 this Clause 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 this Clause 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 this Article as required by security;
+ The official residences shall be allocated to entities prescribed in Point b, c, d, dd, e, and Clause 1 of this Article 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.
Rules for determination of official residence rents
– It is required to calculate accurately and sufficiently essential expenditures on management of operation and maintenance and management of the lease during the lease term of the official residence.
– The land levies on official residence construction and depreciation expenses on capital invested in official residence construction or expenditures on buying commercial housing for official residence shall not be included.
– The official residence rents shall be decided and adjusted in every period by the competent agency prescribed in Clause 2 Article 81 of 2014 Vietnam Law on Housing.
– In case renting commercial housing for official residences, the lessee shall pay the rents which are lower than the commercial housing rents as prescribed in regulations of the Government.
Rights and obligations of lessees of official residences
– 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 h+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 h+she still satisfies requirements for renting official residences as prescribed in 2014 Vietnam Law on Housing;
+ Exercise other rights as prescribed in regulations of law and as specified in the agreement on official residence lease.
– 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 h+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 h+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 2014 Vietnam Law on Housing 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.
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Frequently asked questions
The State shall allocate the budget, including central budget and local budget to build official residences or to buy or rent commercial housing for official residences. The official residences include central official residences and local official residences.
The official residences constructed or originated from commercial housing must conform to the plans for official residence development; ensuring the official residence users the safety condition of work and convenience of living and traveling.
The central agencies shall determine their demands for official residences, then send them to the Ministry of Construction for assessment and formulate the plans for official residence development of the central agencies, then request the Prime Minister for approval, except for cases prescribed in Point b of this Clause;
Conclusion: So the above is Regulations on official residence development in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
