Laws of Vietnam

THE PRIME MINISTER

Pursuant to Instruction No. 346-TTg on the 5th of July, 1994 of the Prime Minister on the organization of the implementation of the Decrees of the Government on the right to ownership of residential houses and the residential land use right in urban areas, and on the buying and selling of residential houses and housing business.

Pursuant to Decision No.347-TTg on the 5th of July, 1994 of the Prime Minister on the creation of the Central Steering Committee for the Residential Houses and Land Policy.

Pursuant to the conclusion in the minutes of the meeting on the 28th of July, 1994 of the Central Steering Committee for the Residential Houses and Land Policy,

Pursuant to the conclusion in the minutes of the meeting on the 28th of July, 1994 of the Central Steering Committee for the Residential Houses and Land Policy,

DECIDES:

Article 1.- To promulgate along with this Decision the Working Statute of the Central Steering Committee for the Residential Houses and Land Policy.

Article 2.- This Decision takes effect as from the date of its signing.

Article 3.- 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, and the members of the Central Steering Committee for the Residential Houses and Land Policy shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

TRAN DUC LUONG

(Issued together with Decision No. 436-TTg on the 18th of August, 1994 of the Prime Minister).

I. Tasks and powers of the Central Steering Committee for the Residential Houses and Land Policy (hereunder called Central Steering Committee):

1. The Central Steering Committee has the task of assisting the Government in studying and elaborating undertakings and policies on residential houses and land to provide unified guidance for the implementation of these undertakings and policies on the national scale. It shall periodically review and evaluate the situation, draw the experiences of the results already obtained, and propose modifications and supplements to the policies to make them suit the level of economic development of the country during each period.

2. The Central Steering Committee has the right:

a/ To call conferences of the localities, of the ministries and branches at the Center to popularize the State undertakings and policies regarding the residential houses and land.

b/ To request the localities, ministries and branches to supply statistics and reports on the questions related to the elaboration and deployment of the State policies on residential houses and land.

c/ To control the implementation of the regimes and policies on residential houses and land of the State at the localities, ministries and branches.

d/ Suspend the implementation of the documents issued by the localities, ministries or branches contrarily to the regimes and policies of the State in the domain of residential houses and land, and propose measures of settlement to the Prime Minister.

II. Working regime:

1. The Central Steering Committee is a consultancy agency of the Government on the policies regarding residential houses and land. It is responsible to the Government for the results of the implementation of the tasks assigned it by the Government.

2. The Central Steering Committee operates according to the principle of democratic centralism. Its members work according to the regime of cumulation of functions and take personal responsibility for the area assigned to them.

3. The Chairman of the Central Steering Committee directs the activities of the Committee, and has the right:

- To convene a meeting of the Central Steering Committee to discuss the contents related to the implementation of the tasks set out.

- To adopt the plans and tempo of work of the Central Steering Committee in the implementation of the policies regarding residential houses and land on the national scale, and also to monitor and check the implementation of these plans and tempos, to direct the localities to deploy the plan for the setting up and elaboration of the Working Statute of the Steering Committees in the localities.

- To assign tasks to each member in the Central Steering Committee, and check and inspect the results of the implementation of the tasks assigned.

- To set up a Standing Team to assist the Central Steering Committee in the implementation of its function and tasks.

- To solicit expertise in the field of housing and land management to provide advise and assistance to the Steering Committee.

- To assign specialist teams to work permanently in the key areas, Hanoi, Ho Chi Minh, Haiphong, and Quang Nam-Danang province, to attend to work, monitor the situation and detect emerging problems to report to the Steering Committee for solution.

- To request members of the Steering Committee to report on their work and periodically to review and summarize the work of the Steering Committee.

4. The Vice Chairman is the assistant to the Chairman, directly conducts the program, the realization of the plan of the Committee and the operation of the Standing and Specialist Teams. To conduct on behalf of the Chairman the operation of the Steering Committee in the absence of the Chairman.

5. The members of the Central Steering Committee are responsible for directing the works assigned to them by the Chairman, and reporting regularly to the Chairman about the results of their work. The problems which are not yet covered by set policies, should be reported promptly to the Chairman, or to a meeting of the Steering Committee, for a recommended solution.

6. The Standing Team of the Steering Committee shall conduct directly the implementation of the work assigned by the Chairman or the Standing Vice Chairman. To promptly monitor and review the situation and summarize the practical experience in different localities to help the Steering Committee give uniform guidance to the whole country.

7. The advisors to the Steering Committee shall work at the request and on direct mandate of the Chairman of the Committee.

III. Financial regime and working equipment:

1. The expenditure plan of the Central Steering Committee is formulated on the basis of the financial plan which is approved by the Chairman of the Committee and which is within the budget allocated by the Ministry of Finance. It includes expenditures for:

a) Furnishing the headquarters and providing working equipment for the Steering Committee and its specialist teams;

b) Study and compilation of documents;

c) Awareness conferences and training courses for ministries, branches and localities;

d) Deployment at localities:

e) Reviewing and reporting activities;

g) Stationery and printing;

h) Other expenditures.

2. On the basis of the approved budget, the Ministry of Finance shall annually allocate the budget to the account of the Department of Housing Management through the Ministry of Construction. The accounting shall be done with the Ministry of Finance on the basis of the budget plan approved by the Committee Chairman.

3. All the equipment provided for the operation of the Steering Committee is accounted for as property of the Department of Housing Management of the Ministry of Construction, and must be managed and utilized in accordance with the current regime for property management.

IV. The reporting of statistics and reviews:

1. On the basis of the reports submitted periodically by the ministries, branches and localities to the Steering Committee, the Standing Team shall make a general report of the results of the implementation of the policies on residential houses and land on the national scale to the Steering Committee for consideration and approval before submitting it to the Government.

2. Monthly, the Steering Committee shall meet to review and draw experience from the practical work and set the plan for the following month, and work out concrete measures to direct the branches and localities to well implement the policies on residential houses and land.

For the Prime Minister

Deputy Prime Minister

TRAN DUC LUONG