Laws of Vietnam

DIRECTIVE No.191-TTg OF APRIL 3, 1996 OF THE PRIME MINISTER ON STEPPING UP THE SALE OF STATE-OWNED DWELLING HOUSES TO CURRENT TENANTS AND GRANTING CERTIFICATES OF DWELLING HOUSE OWNERSHIP AND RESIDENTIAL LAND USE RIGHTS IN URBAN AREAS

With a view to strengthening the management of dwelling houses and residential land in urban areas and accelerating the housing development program, on July 5, 1994 the Government issued Decree No.60-CP on the rights to own dwelling houses and to use residential land in urban areas, and Decree No.61-CP on the purchase, sale and trading of dwelling houses. At the same time, the Prime Minister instructed the Ministries, central branches and People's Committees of the provinces and cities directly under the Central Government to concentrate on guiding the implementation of the above Decrees.

So far, most localities have set up provincial Steering Committees for Policies on Dwelling Houses and Residential Land. Many localities have organized the implementation of the Government's Decrees and gained initial results.

However, after more than a year's implementing the said Decrees, generally speaking the tempo is low, and the results are still limited, thus failing to meet the managerial requirements and the people's aspiration. Moreover, a number of localities have not yet implemented the Government Decrees in a proper manner.

This is mainly due to the fact that the management of dwelling houses and residential land, which is itself a very complicated issue, has been neglected over many years, hence the handling of the remaining problems is extremely difficult. Meanwhile, many localities have not fully grasped the meaning of the undertakings and requirements of the policies promulgated by the Government. Hence, the lack of centralized, close and regular control by the provincial People's Committees; the lack of close and efficacious coordination among specialized Departments and branches as well as the People's Committees of various levels; and the unsatisfactory mobilization of the necessary forces for the implementation of the Decrees.

To speed up the sale of dwelling houses under State ownership to the current tenants and the granting of certificates of dwelling house ownership and of residential land use rights in urban areas, the Prime Minister gives the following instructions:

1. The People's Committees of the provinces and cities directly under the Central Government should improve and strengthen the operation of the provincial Steering Committees for Policies on Dwelling houses and Residential Land, ensuring the principles of centralized and uniform control; close coordination among the specialized Departments, branches and People's Committees of various levels. With regard to big provinces and cities, Steering Committees should be set up at district ( ban district) level to provide working guidanc to the wards (communes).

2. The provinces and cities should quickly direct and implement the registration of dwelling houses and residential land in accordance with Decree No.60-CP of July 5, 1994 to serve as basis for the management and consideration of the granting of certificates of dwelling house ownership and residential land use rights.

The granting of certificates of dwelling house ownership and residential land use rights in urban areas must be carried out in accordance with Decree No.60-CP of July 5, 1994. The certificates issued after July 5, 1994 which are contrary to this Decree shall be annulled and be re-issued according to a stipulated form.

3. In the provinces or cities having dwelling houses funds under State ownership, the People's Committees of the provinces or cities directly under the Central Government must promptly work out plans on the sale of dwelling houses then submit them to the People's Councils for approval, in which the houses to be sold must be described and made public.

With regard to the dwelling houses not for sale, there must be plans on their upgrading or re-construction so as to use them efficiently and contribute to urban beautification.

With regard to multi-storeyed dwelling houses with many households residing in unself-contained apartments, they must be upgraded or repaired into self-contained apartments before being put on sale.

4. Non-business and administrative units, armed force units, mass organizations, socio-political organizations and State enterprises, which are managing dwelling houses to be sold under the State ownership, must promptly coordinate actions with the localities to fill the necessary stipulated procedures so as to speed up the sale of dwelling houses to the current tenants.

5. To ensure the time-table of the sale of dwelling houses as stipulated in Decree No.61-CP of July 5, 1994 and the granting of certificates of dwelling house ownership and residential land use rights in accordance with Decree No.60-CP of July 5, 1994, thus meeting the requirements for the management of the constructions in the urban areas, the filing of the land administration dossiers must proceed on the following principles:

- In localities where land maps are available, such maps shall be used to mark off land plots for allotment.

- In localities where land maps are not available, the old maps of the land plot, which are available shall be used for a new allotment after they are re-examined.

- In localities where the maps of detailed planning are available, the allotment of land to people for buiding dwelling houses shall be based on such maps for the allotment after a field examination.

- For other cases, the Land Administration Service must work out a provisional solution, define the location and area of the residential land plots (if any) in a simple way to facilitate the sale of houses; then to continue with the accurate measurement and map drawing as stipulated by the Land Administration Service to serve as basis for the granting of official certificates of the land use rights.

Since the filing of the land administration dossier is a very complicated and difficult work, in addition to the number of people from the Land Administration Service involved in land measuring and mapping, the People's Committees of the provinces and cities directly under the Central Government shall have to mobilize such people from branches in their localities, such as Construction, Communications, Agriculture, Geology, Defense... with the uniform State management by the Land Administration Service. The issue of filing the land administration dossier must not in any way become an obstacle that delays the implementation of Decree No.60-CP and Decree No.61-CP of July 5, 1994.

6. The sales of dwelling houses must be used in accordance with the stipulations in Decree No.61-CP of July 5, 1994. The People's Committees of the provinces and cities directly under the Central Government must promptly work out projects on the upgrading, repair and development of dwelling houses so that such money may be efficiently used.

The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to well implement this Directive. If any obstacle or difficulty arises, they shall have to promply report to the Prime Minister for guidance.